Anti-fracking initiative makes Nov. 6 ballot

A proposal to ban oil and gas extraction and waste disposal in Columbus received enough signatures to appear on the November ballot, though the legality of the initiative is in question.

Organizers tried to put the measure on the ballot twice before, in 2015 and 2017, but didn’t get enough signatures. This time, though, the environmental group known as Columbus Community Bill of Rights collected 12,134 valid signatures, safely clearing the 8,990-signature requirement.

The initiative, which still needs approval from the city council before it goes on the ballot, would make it illegal to drill for oil and natural gas in Columbus, store or dump drilling waste in the city or transport waste across the city. It also seeks to establish a “community bill of rights” including the right to safe soil, clean air and potable water.

While there is no fracking happening in Columbus, “our concern is the waste coming into the city,” said Bill Lyons, a Clintonville resident who has helped organize the movement.

The waste can harm water, soil and air, Lyons said, and residents of the city should be allowed to determine whether they want to be exposed to those risks. Cities currently do not have control over that because a 2004 law gave the Ohio Department of Natural Resources sole regulation over oil and gas exploration and operation.

“We should be the ones, because we live in this community, to decide if we want to take that risk or not,” Lyons said.

He acknowledged the possibility that the proposal, even if it is approved by voters, could be challenged in court. The initiative’s proposal to make it illegal to transport oil and gas waste across the city, for example, appears to conflict with federal laws governing interstate commerce.

But Lyons said the initiative is still worth pursuing because it brings attention to what he believes is the unfairness of cities not having a say in oil and gas drilling.

“That’s why we’re fighting this battle,” he said.

The Ohio Department of Natural Resources said in a statement that state laws governing the safety of drilling and waste disposal are among the nation’s strongest.

Mike Chadsey, director of public relations for the Ohio Oil and Gas Association, said decisions about oil and gas drilling should remain under state control because it is an issue of statewide importance.

Chadsey noted that other cities have tried to pass initiatives similar to the Columbus one, but research from his organization shows the proposals have been overwhelmingly unsuccessful. In particular, he pointed to Broadview Heights, a Cleveland suburb, which passed a comparable initiative that was struck down by the state’s Court of Appeals.

Chadsey said he supports the right of groups to push for such ballot initiatives, “but I think it’s a moot point.”

Lyons, though, said that just because something is law doesn’t mean it is right.

“We’re the ones that have to live with that risk. We should have the self-governing authority,” he said.