by By Tish O’Dell
BROADVIEW HEIGHTS, OH: Today, residents of Broadview Heights, Ohio,
filed a first-in-the-state class action lawsuit against the State of
Ohio, Governor John R. Kasich, and Bass Energy, Inc. and Ohio Valley
Energy Systems Corp. The lawsuit was filed to protect the
rights of the people of Broadview Heights to self-governance, including
their right to ban fracking.
In November 2012, residents of Broadview Heights overwhelmingly
adopted a Home Rule Charter Amendment – proposed by residents – banning
all new commercial extraction of gas and oil within the City limits.
The Amendment establishes aCommunity Bill of Rights – which
secures the rights of human and natural communities to water and a
healthy environment. The Bill of Rights bans fracking and frack waste
disposal as a violation of those rights.
In June 2014, Bass Energy and Ohio Valley Energy filed a lawsuit
against the City of Broadview Heights to overturn the Community Bill of
Rights. The corporations are contending that the community does
not have the legal authority to protect itself from fracking, and that
corporations have the constitutional “right” to frack.
Residents involved in drafting and proposing the Community Bill of
Rights attempted to intervene in the lawsuit, to defend the community’s
right to self-governance, including the right to say “no” to fracking
and other threats. However, in September, the Court of Common Pleas of
Cuyahoga County denied the motion to intervene, ruling that the
residents did not have a direct “interest” in this case.
With the court’s denial of intervention, residents decided to move
forward with the class action lawsuit. In filing the lawsuit, Broadview
Heights residents argue that the Ohio Oil and Gas Act, known as HB 278,
and the industry’s enforcement of the Act, violate the constitutional
right of residents to local self-government.
The Community Environmental Legal Defense Fund (CELDF) assisted
residents of Broadview Heights to draft the Community Bill of
Rights. CELDF is providing its support and expertise to the residents
of Broadview Heights with the filing of the class action lawsuit.
CELDF Executive Director, Thomas Linzey, Esq., stated, “This
class action lawsuit is merely the first in Ohio, and expected to be one
of many filed by people across the United States whose constitutional
rights to govern their own communities are routinely violated by state
governments working in concert with the corporations that they
ostensibly regulate. The people of Broadview Heights will not
stand idly by as their rights are negotiated away by oil and gas
corporations, their state government, and their own municipal
government.” The residents of Lafayette, Colorado, filed a similar
lawsuit in August of this year.
Through grassroots organizing and public interest law, CELDF works
with communities across the country to establish Community Rights to
democratic, local self-governance and sustainability. CELDF has assisted
nearly 200 communities to ban shale gas drilling and fracking, factory
farming, water privatization, and other threats, and eliminate corporate
“rights” when they violate community and nature’s rights. This
includes assisting the first communities in the U.S. to establish Rights
of Nature in law, as well as the first communities to elevate the
rights of communities above the “rights” of corporations.