Chesapeake Exploration, L.L.C. v. Oil & Gas Commission
135 Ohio St. 3d 204
| Ohio | 2013Background
- Chesapeake Exploration, LLC sought a permit to drill an oil and gas well on leased Summitcrest property in Ohio.
- Summitcrest appealed the Division chief’s March 2012 permit decision to the Ohio Oil and Gas Commission.
- The Commission denied a motion to dismiss and proceeded to hear the appeal, ultimately affirming the permit on August 8, 2012.
- Chesapeake and Summitcrest filed a writ of prohibition to stop the Commission from further jurisdiction and to vacate actions in the appeal.
- The Ohio Supreme Court granted an extraordinary writ, holding the Commission patently and unambiguously lacked jurisdiction over Summitcrest’s appeal.
- Two justices dissented, arguing the Commission did have jurisdiction prior to the 2012 amendment, at least until September 10, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Oil and Gas Commission had jurisdiction to hear Summitcrest’s appeal. | Chesapeake argues 1509.36 grants appeal rights from an order, and the chief’s permit issuance is an appealable order. | The permit issuance under 1509.06(F) is not an order and thus not appealable; 1509.36 does not confer jurisdiction over such permits. | The Commission patently and unambiguously lacked jurisdiction; writ granted. |
Key Cases Cited
- State ex rel. Bell v. Pfeiffer, 131 Ohio St.3d 114 (2012) (establishes test for entitlement to prohibition when quasi-judicial power is at issue)
- State ex rel. Miller v. Warren Cty. Bd. of Elections, 130 Ohio St.3d 24 (2011) (requires showing of lack of adequate remedy if jurisdiction is wrongfully exercised)
- State ex rel. Baker v. State Personnel Bd. of Review, 85 Ohio St.3d 640 (1999) (patent and unambiguous lack of jurisdiction permits prohibition)
- State ex rel. Sapp v. Franklin Cty. Court of Appeals, 118 Ohio St.3d 368 (2008) (alternative remedies like appeal irrelevant when jurisdiction is lacking)
- Rosen v. Celebrezze, 117 Ohio St.3d 241 (2008) (specific statutes can divest general jurisdiction when in conflict)
- Waters v. Spaeth, 131 Ohio St.3d 55 (2012) (statutes relating to appeals construed in pari materia for full effect)
- Shisler v. Ohio Pub. Emps. Retirement Sys., 122 Ohio St.3d 148 (2009) (caution against liberal construction of clear statutory language)
- Delaney v. Testa, 128 Ohio St.3d 248 (2011) (agency powers bounded by statutes; interpretations constrained by statutory grants)