When Environmental Laws Conflict
To protect the interests of residents, businesses and the environment, should the requirements of a local environmental ordinance take precedence over state laws supporting natural resources business development?
Heidi Gorovitz Robertson, the Steven W. Percy Distinguished Professor of Law at CSU’s Cleveland-Marshall College of Law, is tackling this complicated debate. She hopes to provide better legal advice and policy support to the communities, state agencies and private companies that are often at odds in these cases.
Professor Robertson evaluates courts’ responses to local ordinances and zoning rules that prohibit or ban oil and gas drilling, pipeline construction or other activities many consider damaging to the environment. Especially in Ohio, tensions run high between those who want to encourage and enhance these activities for their economic growth potential and those who wish to curtail them to protect the environment, water supply and other local community interests.
“Many communities argue that they should have the right to regulate this type of business development in their jurisdictions because any environmental or water quality issues that occur as a result would directly and negatively affect their citizens,” Robertson says. “In response, many economic development groups and private companies argue that these decisions should be made at the state level so the legal system and rules with which developers must comply are uniform throughout the state.”
Robertson explores whether constitutional home rule, when coupled with the state’s preemption of local control, allows any room for local regulation of the environment. Her findings are critical to Northeast Ohio communities like Munroe Falls and Green. The former lost a case before the Ohio Supreme Court in 2015, resulting in invalidation of some of its local ordinances which were being used to limit oil and gas development within the city limits. The latter was unable to prevent the siting of a natural gas pipeline which was being constructed in a populated area within the municipality.
“The Munroe Falls and Green examples highlight the limited legal mechanisms currently available to local cities and towns in terms of helping them to protect the environment,” she adds. “However, they also brought more attention to the larger issue of environmental rights in the state and have helped spur additional actions by communities such as Toledo, which recently passed a ballot measure that created a Bill of Rights for Lake Erie designed to regulate the use of the lake within the city limits.”
While it remains to be seen how the state government and the courts will react to this new round of local legislation, Robertson hopes it will lead to a broader discussion of the need for stronger state environmental regulation. Unlike states such as Pennsylvania and New York, Ohio currently has no environmental rights provision in its state constitution.
“The continued push by local communities to play a larger role in the business and environmental decisions that directly affect their citizens should be a signal to state policy makers that this issue is not going away,” Robertson says. “A broader discussion of environmental protection needs to take place for the good of all citizens of the state.”
Also in This Issue...
Pillars of Success
“Forward Together” has been the focus of President Harlan Sands’ first year at Cleveland State University. Now, in that spirit, the University is charting a bright future by focusing its resources on seven key priorities, or pillars.
Pathway to College
CSU partners with CMSD, Tri-C, and LCCC to expand college access through initiatives like Say Yes, Degree Link, and UP Express, offering scholarships, dual admission, and wraparound support.
Parker-Hannifin Living and Learning Community Promotes Academic Success
Helping students succeed through Say Yes to Education is the Parker Hannifin Corporation, a longtime partner of CSU.
Cleveland State Global Targets International Students
CSU is the only public university in Ohio to partner with Boston-based Shorelight Education. This new collaboration will connect international students seeking an American education with CSU and provide job opportunities after graduation.
Career Empowerment
With a Viking network of more than 126,000 alumni, CSU graduates provide the brainpower and personpower for successful careers in Northeast Ohio, the nation and the world.
Waves of Inspiration
“I was born with one skill, writing,” says Mark Lantz, BA ’87 and MACTM ’90. Some might call that an understatement.
A Message from the President
President Sands celebrates first-year milestones: new partnerships, Say Yes scholarships, strategic priorities, and a focus on student success to strengthen Northeast Ohio’s future.
Cleveland-Marshall College of Law
Cleveland attorney and business leader P. Kelly Tompkins has made a $750,000 gift to his alma mater, Cleveland-Marshall College of Law, to establish a substantive leadership education program for law students.
Athletics Hall of Fame
Three star student-athletes comprise the 41st class of the CSU Athletics Hall of Fame. Congratulations to J’Nathan Bullock, BA ’09, men’s basketball, Kailey Klein, BBA ’10, women’s basketball and Phil Orno, BA ’10, men’s tennis.
Around Campus
The Cleveland Foundation has awarded a $2.2 million, one-year grant to the Internet of Things Collaborative (IoTC), a partnership between Case Western Reserve University and CSU
App Aids Drug Treatment
A team of CSU faculty and students has developed a new web application that will improve access to drug treatment services, reduce wait times and better ensure that individuals get the help they need.
Making Magic
A tin can, three cups, four balls, some string, a deck of cards and, of course, a magic wand. That’s all it took to get Elie Haoui hooked.
A Tip of the Viking Helmet
After an intensive national search, CSU selected Scott Garrett as its seventh director of athletics, providing leadership and oversight for 18 NCAA Division I sports.
A Crooked River Conversation
Northeast Ohio marks the 50th anniversary of the Cuyahoga River igniting. Cleveland State, with its prime location near the river and Lake Erie, is joining in the celebration.
Preventing Leaks
Water leaks… burst pipes… they can be an expensive problem for homeowners and municipalities alike. But researchers at Cleveland State University and Case Western Reserve University are helping the city of Lakewood stop leaks before they happen.
Alum Restores Mentor Marsh
Imagine seven years of grueling work depending on one day of ideal Northeast Ohio weather. CSU alumnus David Kriska doesn’t have to imagine. He lived it.
Engineers without Borders
Student Shaun Clark received hands-on engineering experience when he traveled to the western end of Panama to study a community’s water needs.
“Doomsday Glacier” in Antartica
Mekki Bayachou was teaching his students about the physical chemistry of global warming when a National Public Radio story gave him a crazy idea.
Combatting Disease Through Gene Research
With a grant from the National Institutes of Health (NIH), CSU is investigating the effect of a key enzyme on plaque build-up, which could be central to developing effective genetic therapies for addressing Atherosclerosis.
A Lab Made for Dreamers, Makers and Doers
Entrepreneurs and startups have a new home in the Weston Ideation Lab, a space designed around the unique needs of venture development.
Giving Day Sets Records!
Thanks to everyone who helped make CSU’s sixth-annual Giving Day another record-breaking success! Nearly 2,000 donors made gifts totaling $305,000 in a 24-hour period — shattering last year’s $269,000 total.
Radiance – CSU Realizing the Promise
Surpassing $2 million for the first time, a record $2,080,510 was raised by Radiance 2019!
Roadtrip
The CSU Alumni Association has been on the road, engaging with graduates near and far. All trips featured CSU “Then and Now” presentations, receptions that drew large and enthusiastic audiences, and a very special guest – President Harlan Sands.
Class Notes – Summer 2019
Pillars of Success
“Forward Together” has been the focus of President Harlan Sands’ first year at Cleveland State University. Now, in that spirit, the University is charting a bright future by focusing its resources on seven key priorities, or pillars.
Parker-Hannifin Living and Learning Community Promotes Academic Success
Helping students succeed through Say Yes to Education is the Parker Hannifin Corporation, a longtime partner of CSU.
Career Empowerment
With a Viking network of more than 126,000 alumni, CSU graduates provide the brainpower and personpower for successful careers in Northeast Ohio, the nation and the world.
A Message from the President
President Sands celebrates first-year milestones: new partnerships, Say Yes scholarships, strategic priorities, and a focus on student success to strengthen Northeast Ohio’s future.
Athletics Hall of Fame
Three star student-athletes comprise the 41st class of the CSU Athletics Hall of Fame. Congratulations to J’Nathan Bullock, BA ’09, men’s basketball, Kailey Klein, BBA ’10, women’s basketball and Phil Orno, BA ’10, men’s tennis.
App Aids Drug Treatment
A team of CSU faculty and students has developed a new web application that will improve access to drug treatment services, reduce wait times and better ensure that individuals get the help they need.
A Tip of the Viking Helmet
After an intensive national search, CSU selected Scott Garrett as its seventh director of athletics, providing leadership and oversight for 18 NCAA Division I sports.
Preventing Leaks
Water leaks… burst pipes… they can be an expensive problem for homeowners and municipalities alike. But researchers at Cleveland State University and Case Western Reserve University are helping the city of Lakewood stop leaks before they happen.
Engineers without Borders
Student Shaun Clark received hands-on engineering experience when he traveled to the western end of Panama to study a community’s water needs.
Combatting Disease Through Gene Research
With a grant from the National Institutes of Health (NIH), CSU is investigating the effect of a key enzyme on plaque build-up, which could be central to developing effective genetic therapies for addressing Atherosclerosis.
Giving Day Sets Records!
Thanks to everyone who helped make CSU’s sixth-annual Giving Day another record-breaking success! Nearly 2,000 donors made gifts totaling $305,000 in a 24-hour period — shattering last year’s $269,000 total.
Roadtrip
The CSU Alumni Association has been on the road, engaging with graduates near and far. All trips featured CSU “Then and Now” presentations, receptions that drew large and enthusiastic audiences, and a very special guest – President Harlan Sands.
Pathway to College
CSU partners with CMSD, Tri-C, and LCCC to expand college access through initiatives like Say Yes, Degree Link, and UP Express, offering scholarships, dual admission, and wraparound support.
Cleveland State Global Targets International Students
CSU is the only public university in Ohio to partner with Boston-based Shorelight Education. This new collaboration will connect international students seeking an American education with CSU and provide job opportunities after graduation.
Waves of Inspiration
“I was born with one skill, writing,” says Mark Lantz, BA ’87 and MACTM ’90. Some might call that an understatement.
Cleveland-Marshall College of Law
Cleveland attorney and business leader P. Kelly Tompkins has made a $750,000 gift to his alma mater, Cleveland-Marshall College of Law, to establish a substantive leadership education program for law students.
Around Campus
The Cleveland Foundation has awarded a $2.2 million, one-year grant to the Internet of Things Collaborative (IoTC), a partnership between Case Western Reserve University and CSU
Making Magic
A tin can, three cups, four balls, some string, a deck of cards and, of course, a magic wand. That’s all it took to get Elie Haoui hooked.
A Crooked River Conversation
Northeast Ohio marks the 50th anniversary of the Cuyahoga River igniting. Cleveland State, with its prime location near the river and Lake Erie, is joining in the celebration.
Alum Restores Mentor Marsh
Imagine seven years of grueling work depending on one day of ideal Northeast Ohio weather. CSU alumnus David Kriska doesn’t have to imagine. He lived it.
“Doomsday Glacier” in Antartica
Mekki Bayachou was teaching his students about the physical chemistry of global warming when a National Public Radio story gave him a crazy idea.
A Lab Made for Dreamers, Makers and Doers
Entrepreneurs and startups have a new home in the Weston Ideation Lab, a space designed around the unique needs of venture development.
Radiance – CSU Realizing the Promise
Surpassing $2 million for the first time, a record $2,080,510 was raised by Radiance 2019!
Class Notes – Summer 2019
Pillars of Success
“Forward Together” has been the focus of President Harlan Sands’ first year at Cleveland State University. Now, in that spirit, the University is charting a bright future by focusing its resources on seven key priorities, or pillars.
Cleveland State Global Targets International Students
CSU is the only public university in Ohio to partner with Boston-based Shorelight Education. This new collaboration will connect international students seeking an American education with CSU and provide job opportunities after graduation.
A Message from the President
President Sands celebrates first-year milestones: new partnerships, Say Yes scholarships, strategic priorities, and a focus on student success to strengthen Northeast Ohio’s future.
Around Campus
The Cleveland Foundation has awarded a $2.2 million, one-year grant to the Internet of Things Collaborative (IoTC), a partnership between Case Western Reserve University and CSU
A Tip of the Viking Helmet
After an intensive national search, CSU selected Scott Garrett as its seventh director of athletics, providing leadership and oversight for 18 NCAA Division I sports.
Alum Restores Mentor Marsh
Imagine seven years of grueling work depending on one day of ideal Northeast Ohio weather. CSU alumnus David Kriska doesn’t have to imagine. He lived it.
Combatting Disease Through Gene Research
With a grant from the National Institutes of Health (NIH), CSU is investigating the effect of a key enzyme on plaque build-up, which could be central to developing effective genetic therapies for addressing Atherosclerosis.
Radiance – CSU Realizing the Promise
Surpassing $2 million for the first time, a record $2,080,510 was raised by Radiance 2019!
Pathway to College
CSU partners with CMSD, Tri-C, and LCCC to expand college access through initiatives like Say Yes, Degree Link, and UP Express, offering scholarships, dual admission, and wraparound support.
Career Empowerment
With a Viking network of more than 126,000 alumni, CSU graduates provide the brainpower and personpower for successful careers in Northeast Ohio, the nation and the world.
Cleveland-Marshall College of Law
Cleveland attorney and business leader P. Kelly Tompkins has made a $750,000 gift to his alma mater, Cleveland-Marshall College of Law, to establish a substantive leadership education program for law students.
App Aids Drug Treatment
A team of CSU faculty and students has developed a new web application that will improve access to drug treatment services, reduce wait times and better ensure that individuals get the help they need.
A Crooked River Conversation
Northeast Ohio marks the 50th anniversary of the Cuyahoga River igniting. Cleveland State, with its prime location near the river and Lake Erie, is joining in the celebration.
Engineers without Borders
Student Shaun Clark received hands-on engineering experience when he traveled to the western end of Panama to study a community’s water needs.
A Lab Made for Dreamers, Makers and Doers
Entrepreneurs and startups have a new home in the Weston Ideation Lab, a space designed around the unique needs of venture development.
Roadtrip
The CSU Alumni Association has been on the road, engaging with graduates near and far. All trips featured CSU “Then and Now” presentations, receptions that drew large and enthusiastic audiences, and a very special guest – President Harlan Sands.
Parker-Hannifin Living and Learning Community Promotes Academic Success
Helping students succeed through Say Yes to Education is the Parker Hannifin Corporation, a longtime partner of CSU.
Waves of Inspiration
“I was born with one skill, writing,” says Mark Lantz, BA ’87 and MACTM ’90. Some might call that an understatement.
Athletics Hall of Fame
Three star student-athletes comprise the 41st class of the CSU Athletics Hall of Fame. Congratulations to J’Nathan Bullock, BA ’09, men’s basketball, Kailey Klein, BBA ’10, women’s basketball and Phil Orno, BA ’10, men’s tennis.
Making Magic
A tin can, three cups, four balls, some string, a deck of cards and, of course, a magic wand. That’s all it took to get Elie Haoui hooked.
Preventing Leaks
Water leaks… burst pipes… they can be an expensive problem for homeowners and municipalities alike. But researchers at Cleveland State University and Case Western Reserve University are helping the city of Lakewood stop leaks before they happen.
“Doomsday Glacier” in Antartica
Mekki Bayachou was teaching his students about the physical chemistry of global warming when a National Public Radio story gave him a crazy idea.
Giving Day Sets Records!
Thanks to everyone who helped make CSU’s sixth-annual Giving Day another record-breaking success! Nearly 2,000 donors made gifts totaling $305,000 in a 24-hour period — shattering last year’s $269,000 total.