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HB 399

Prohibit oil and gas removal from under Lake Erie or a state park

136th Legislature (2025-2026) Introduced by Sean Brennan and 8 co-sponsors

Ohio bill bans oil and gas drilling beneath Lake Erie and state parks to protect freshwater resources and recreational lands from extraction activities.

Referred to committee
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Bill Summary · HB 399

Legislative bill overview

HB 399 would prohibit the extraction of oil and gas reserves located beneath Lake Erie and Ohio's state parks. The bill creates legal restrictions preventing companies from obtaining permits or conducting drilling operations in these protected areas, effectively closing these public resources to fossil fuel development.

Why is this important

Lake Erie is a critical freshwater resource serving millions of people across Ohio, Michigan, Pennsylvania, and New York, making contamination risks from drilling particularly consequential. State parks represent protected recreational and ecological areas, and this legislation determines whether those protections extend to subsurface mineral rights—a question with significant implications for both environmental policy and property rights doctrine.

Potential points of contention

  • Existing mineral rights: Questions about whether the state can legally prohibit extraction of minerals already leased to private companies or where subsurface rights were previously granted
  • Revenue loss: Oil and gas extraction generates lease payments and royalties; prohibiting it eliminates potential state revenue from these public lands
  • Scope of "state parks": Ambiguity about which properties qualify and whether the restriction applies only to new permits or voids existing agreements
  • Federalism questions: Potential conflicts with federal energy policy or interstate water agreements governing Lake Erie
  • Economic vs. environmental tradeoffs: Debate over balancing energy independence/local jobs against water safety and environmental preservation

Compiled from official sources — confirm details with the bill’s official record.

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