Recent decisions issued by the Ohio Supreme Court have provided reminders that there are meaningful limits to the jurisdiction and powers of the Public Utilities Commission of Ohio (PUCO) and other state agencies. Those challenging the final orders and decisions of Ohio’s various state commissions and agencies often find themselves facing a steep uphill climb. In addition to demonstrating prejudicial error, such challengers face entrenched doctrines of judicial deference to agency decision-making.

However, four key decisions in late 2020 regarding meter-data-management, annual earnings reviews, submetering services and mine operators’ common law property rights, show the Ohio Supreme Court is reigning in agencies’ efforts to exercise powers that may stray beyond the bounds of the applicable statutory text.

Our colleagues, Brad Hughes, Mark Stemm & Eric Gallon wrote a white paper explaining the court’s decisions and impact. Read the full white paper.

Photo of Chris Baronzzi Chris Baronzzi

Chris is a partner who focuses his practice on matters pertaining to the oil, gas and pipeline industries. Chris has extensive knowledge and experience covering a broad range of oil, gas and pipeline-related disputes and transactions, including matters involving new and existing pipeline…

Chris is a partner who focuses his practice on matters pertaining to the oil, gas and pipeline industries. Chris has extensive knowledge and experience covering a broad range of oil, gas and pipeline-related disputes and transactions, including matters involving new and existing pipeline easements, eminent domain rights, the Ohio Dormant Mineral Act, oil and gas lease disputes, mandatory pooling and unitization, lease forfeiture actions, royalty disputes and mineral title issues.

Photo of Brett Thornton Brett Thornton

Brett is the chair of the firm’s Energy, Biotech and Emerging Business practice groups. He counsels public and private companies of all sizes through merger, acquisition, divestiture, financing and other corporate and securities transactions, facilitating growth strategies and operational objectives for clients around…

Brett is the chair of the firm’s Energy, Biotech and Emerging Business practice groups. He counsels public and private companies of all sizes through merger, acquisition, divestiture, financing and other corporate and securities transactions, facilitating growth strategies and operational objectives for clients around the world.

Photo of Brad Hughes Brad Hughes

Brad is a partner in Porter Wright’s Litigation Department and chairs the firm’s Appellate Practice Group. He represents clients in appeals, original actions and complex commercial litigation. Brad has assisted oil and gas clients and electric utilities in appeals before the Supreme Court…

Brad is a partner in Porter Wright’s Litigation Department and chairs the firm’s Appellate Practice Group. He represents clients in appeals, original actions and complex commercial litigation. Brad has assisted oil and gas clients and electric utilities in appeals before the Supreme Court of Ohio and in regulatory matters before the Public Utilities Commission of Ohio.