Ohio Environmentalists Say Fracking on Public Land is Reviewable

Ohio appeals court judges on Tuesday grappled with whether a state commission’s decision to allow fracking underneath public lands is something a court can review.

The dispute between the state Oil & Gas Land Management Commission and a group of environmentalists challenging the state’s decision from last November may hinge on whether the decision essentially constitutes an order by a state agency that has licensing powers. Such an order would be subject to appeal under Ohio law.

The three-judge panel from the Ohio Court of Appeals, Tenth District pressed the commission’s attorney on whether its approvals are akin to issuing ...