Park-drilling OKs might skip Kasich
Defying Gov. John Kasich, Ohio legislators took a key step Tuesday toward bringing fracking to state parks.
House Republicans added a little-noticed provision to the state budget that would give the legislature, not the governor, the power to pick members of the state Oil and Gas Commission.
That’s important because for more than five years,
Kasich has effectively imposed a moratorium on fracking and other drilling in Ohio’s state parks by refusing to put anyone on the commission.
The legislature approved fracking in Ohio’s parks shortly after Kasich took office in 2011, and the new governor signed the bill. Under that law, the Oil and Gas Commission was given the responsibility of approving potential drillers after completion of environmental and geological studies, determining the potential impact on visitors, seeking public input and meeting other requirements.
But Kasich had a change of heart on allowing drilling on public lands. Even though the drilling law gave him until November 2011 to appoint members of the commission, which then had until June 2012 to come up with rules, he has never chosen a member.
The upshot is that no one could get an OK to drill in parks.
However, if the legislature gives itself the authority to pick the commission, the process to permit fracking in Ohio’s parks could resume.
“This amendment is an effort to grant more legislative authority for filling the commission, with the goal of spearheading public discussion on these issues,” said Brad Miller, the spokesman for House Republicans, who control the chamber 66-33.
“The intention is not to steer the committee in any particular direction, but rather to fulfill a commission that was created by the General Assembly years ago.”
A similar attempt was thwarted two years ago when GOP legislators gave up on an attempt to remove the commission from the decisionmaking process, which also would have ended Kasich’s unofficial moratorium.
Drillers are happy about the new House action.
“While we did not advocate for the House of Representatives’ changes to the state-lands leasing commission included in the omnibus budget amendment, we applaud the House for taking much-needed action and starting this important discussion to remedy these long-overdue appointments,” said Shawn Bennett, executive vice president of the Ohio Oil & Gas Association.
House Republicans, who get significant campaign contributions from oil and gas interests, already had rejected Kasich’s attempt this year to increase the severance tax on oil and gas production.
Ohio Supreme Court Justice William M. O’Neill said in a court decision two years ago: “What the drilling industry has bought and paid for in campaign contributions, they shall receive.”
A spokeswoman for Kasich said the governor still opposes fracking in Ohio parks. Before he switched his position in 2011, his staff members and leaders of the Ohio Department of Natural Resources had prepared a detailed marketing plan to sell fracking in state parks to Ohioans.
“This amendment is nothing more than a power grab by the legislature over our state’s beautiful parks and forests,” said the Ohio Environmental Council’s general counsel, Trent Dougherty. “Make no mistake, this amendment is a handout to the oil and gas industry that would destroy the natural places that make our state unique.
“For many years, the governor has stood strong against attempts to open up state lands to drilling. This amendment would sidestep his decision to preserve our natural areas, and instead hand over public land that should be preserved and protected.”
State nature preserves are protected from drilling.