Ohio Supreme Court: Drill Permit Not an "Order of the Chief"
On January 30, 2013, the Ohio Supreme Court ruled that the issuance of a permit to drill a new well, deepen a well, reopen, convert, or plug a well is not considered to be an “order of the chief.” As such, the Ohio Oil and Gas Commission has no jurisdiction to hear an appeal of such permit under Ohio’s oil and gas law. The Court’s decision reconciled one provision of the statute authorizing the Commission to hear appeals of any “order” of the chief of the Ohio Department of Natural Resources’ Division of Oil and Gas Resources Management with another provision of the statute stating that the issuance of a permit to drill “shall not be considered an order of the chief.” The Court did not address whether a permit to drill could be appealed to a state court.