The Akron Legal News

Bill to ban Lake Erie oil, natural gas drilling reintroduced into legislature

TIFFANY L. PARKS
Special to the Legal News
Published: July 15, 2013

A Lakewood lawmaker has resumed her effort to ban the removal of oil or natural gas from and under the bed of Lake Erie.

Current state law authorizes the director of the Ohio Department of Natural Resources, with approval from the governor, attorney general and Ohio Environmental Protection Agency, to issue permits and make leases to parties applying for permission to take and remove sand, gravel, stone and other minerals or substances from and under the bed of Lake Erie.

House Bill 124 would create an exception to this authority by prohibiting the natural resources director from issuing any permit or making any lease to take or remove oil or natural gas from the lake.

The bill, sponsored by Rep. Nickie Antonio, D-Lakewood, is a reintroduction of House Bill 304 from the previous legislature.

HB 304, which was endorsed by the National Wildlife Federation and the Ohio Environmental Council, stalled after one hearing before the House Agriculture and Natural Resources committee.

HB 124 recently had its first hearing before the same committee.

In sponsor testimony, Antonio highlighted last year’s executive order from Gov. John Kasich that prohibits drilling for oil and gas from and under the bed of Lake Erie.

“This will expire at the end of his service as governor,” she said. “The governor felt strongly concerning this issue and signed an executive order to protect Lake Erie from any risk of potential harm.”

Antonio said HB 124 mirrors that order and was crafted to ensure a long-term solution with a law on the books to reinforce the ban.

“Our Lake Erie is a part of the largest fresh water ecosystem on Earth,” she said. “The Great Lakes, so named because they are large in both area and volume, hold 21 percent of the world’s surface freshwater.”

The total surface area of the five lakes is the largest on Earth at 94,250 square miles.

“The total volume is 5,439 cubic miles, coming in second behind Russia’s Baikal Lake,” Antonio said. “Lake Superior is the dominant lake in surface area, water volume and average depth, with a maximum depth of over 1,000 feet in some places. And, of course, our beloved Lake Erie at 9,910 square miles.”

The lawmaker said the proposed legislation has personal meaning since she lives, works and plays on the shores of Lake Erie.

“But to the millions of people who depend on it for fresh drinking water and livelihood, it is truly Ohio’s largest and most precious natural resource,” she said. “The lake brings tourism, sport fishing, commercial fishing, boating, swimming and many other recreational activities to the northern shoreline of Ohio.”

Lake Erie has 17 islands, various ports, public parks and marinas.

“Lake Erie is home to a complex ecosystem that depends on the health of the body of water. Over the last 20 years we have reversed the effects of pollution with strict safeguards and stewardship in legislation,” Antonio said.

“We all know that oil and water don’t mix, we saw the disastrous results of the gulf oil spill in 2010 and we have the opportunity now to prevent such a calamity by continuing to be good stewards of our precious Lake Erie.”

Antonio said that although there is a federal ban in place that prohibits drilling for oil and gas, Lake Erie could be vulnerable because the federal prohibition is subject to periodic review.

“We must strengthen this law to enforce our own state’s control and protect our own natural resources,” she said.

“The health and well-being of Lake Erie, this shallow portion of the Great Lakes ecosystem is too important to too many Ohioans to ignore. We can work together to keep Ohio’s largest source of freshwater clean and safe for our citizens, our children and grandchildren, our economy and our environment. It is all connected as an interdependent system.”

HB 124 is co-sponsored by Democratic Reps. Teresa Fedor, Dan Ramos, Michael Ashford, Robert Hagan, Mike Foley, Debbie Phillips, Chris Redfern and Matt Lundy.

The bill has not been scheduled for additional hearings.

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