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Youngstown voters must not jump on anti-fracking wagon



Published: Wed, April 23, 2014 @ 12:00 a.m.

Nothing has changed on the legal front from last year when proponents of the anti-fracking amendment to the Youngstown Home Rule Charter twice failed to win voter approval. And yet, the misnamed Community Bill of Rights is back on the ballot in Youngstown in the May primary.

We say misnamed because passage of the amendment will not give city government any of the rights detailed in the 1,300-word tome. It is unenforceable. The Ohio General Assembly has given the Ohio Department of Natural Resources sole authority to oversee the hydraulic fracturing process used to extract oil and gas from shale formations deep beneath the earth’s surface.

The Legislature’s authority to act on issues of statewide importance is provided for in the Ohio Constitution and has been upheld by the Ohio Supreme Court.

The proposed Youngstown charter amendment is designed to place the city outside the reach of either the Ohio Constitution or the U.S. Constitution.

In order words, should city voters throw caution to the wind and approve the amendment May 6, it is a safe bet Youngstown will be in legal jeopardy if government attempts to enforce the provisions. It will be a costly proposition, one that the shrinking, fiscally challenged community can ill afford.

As we said in editorials last year opposing the anti-fracking charter amendment — it appeared on the May and November ballots — the proponents should be given the benefit of the doubt when they contend that they’re motivated by environmental safety concerns tied to fracking.

Indeed, we concede that the science is still inconclusive as to the dangers of drilling deep beneath the earth’s surface to extract oil and gas from shale formations.

The recent acknowledgment by the ODNR that a series of tremors in Poland Township likely were the result of fracking operations has fueled the debate about this controversial method of extracting oil and gas from shale.

As a result of its findings, the agency has changed its permit conditions to require drillers in certain areas to monitor seismic activity. Companies seeking horizontal drilling permits within 3 miles of known faults or in the vicinity of seismic events greater than a 2.0 magnitude must install “sensitive” seismic monitors. If movement of a magnitude of more than 1.0 is detected, drilling and related activities would have to stop while the quakes are investigated. Drilling would be suspended if fracturing is determined to be the cause.

Local governments

While proponents of the Youngstown charter amendment insist that local governments should have the right to decide what’s best for their communities, Ohio’s statutes and the state constitution say otherwise on issues that are of statewide concern.

The bottom line is the same as it was in the May and November 2013 elections when voters rejected the amendment: It is unenforceable and, therefore, an exercise in futility.

As we said previously, “This is not a serious piece of legislation. It clearly contradicts state law. If it were enforceable under Ohio law, it would be unenforceable under the U.S. Constitution. It would infringe on established property rights of people using the fanciful notion that ecosystems have inalienable rights.”

City residents should continue to say “no” to this feel-good — but no-good — ballot measure.


Comments

1chrisak811(7 comments)posted 5 months, 1 week ago

I don't know why the author of this article would say that the Community Bill of Rights is unenforceable. The identical bill was passed and enforced in Mansfield, Yellow Springs, and Broadview Heights--all Ohio communities.

If you are not sure how you want to vote, go talk to some people on the west side, whose homes were damaged by the earthquakes caused by the injection well and who have gotten no financial help for home repairs!

Better yet, go to the American Cancer Society homepage and look up the chemicals used in fracking (benzene, ethylbenzene, toluene, and xylene, among many others.) They cause cancer! What happens when the wells at Meander Reservoir leak, and these chemicals get in our drinking water? One well already had a cracked casing, but luckily it was not producing at the time. The Community Bill of Rights will make the industry liable for damage it causes to our drinking water, and it will ban fracking and injection wells in Youngstown and Mill Creek Park.

Fracking wastewater is an endocrine disruptor and has been proven to cause miscarriages. Let's vote YES for the Community Bill of Rights and protect ourselves and our children.

We obviously can't count on our politicians to protect us. They just repeat the lies fed to them by the industry regarding jobs. Three studies done by the Levin College of Urban Affairs at Cleveland State, the US Dept. of Labor Statistics, and the Multistate Shale Research Collaborate all show that fracking will bring FEW jobs to the area. Companies bring in workers from out of state who are already trained.

So please--protect Youngstown and Mill Creek Park and vote YES for the Community Bill of Rights!

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2Kernaloftruth(86 comments)posted 5 months, 1 week ago

Youngstown needs a charter amendment limiting how many times the same issue can be put in the ballot. Not just the language (which you change slightly to skirt the intent of the law), but the general intent of the issue as well to put an end to this madness.

Youngstown said NO twice already to this issue in back to back elections. How many times must the voters say NO to satisfy these people? I will gladly give money or sign any petition that limits the amount of time these same issues can go to ballot.

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3Kernaloftruth(86 comments)posted 5 months, 1 week ago

And just so you know, if this bill had existed when steel companies were looking to invest in Youngstown years ago, they would have decided against coming here, and we'd have been a lot worse off.

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4formerdemliberal(182 comments)posted 5 months, 1 week ago

chrisak811

The sky is falling!! The sky is falling!! Everyone will live in a cave soon!!

Meanwhile, those outside fracking jobs are supporting workers in the hospitality and restaurant industries, along with contributing countless tax dollars to local communities. Energy employers are begging for local machinists and engineers but also need to hire the best employees for safety reasons that are so precious to your green heart.

For those interested in hearing another side of the fracking story and how liberals hide and distort contradictions to their "facts", please take about 14 minutes of your time and view the following YouTube video clip from an independent movie called "Fracknation".

Of course, conservatives always lie but liberals never do (until they are caught).

http://www.youtube.com/watch?v=B03IYd...

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