Judges: WINSTON BRYANT, Attorney General
Filed Date: 11/20/1998
Status: Precedential
Modified Date: 7/5/2016
The Honorable Ned R. Price, Chairman Arkansas Oil and Gas Commission 2215 Hillsboro P.O. Box 1472 El Dorado, Arkansas 71731-1472
Dear Chairman Price:
You have requested an Attorney General opinion1 concerning certain municipal ordinances. You indicate that two cities of the second class in Arkansas have recently enacted ordinances that purport to restrict the mining and drilling of oil and gas wells within city limits, and that require permits from the city to engage in such activities. The ordinances also impose penalties for violations. You note that these ordinances appear to conflict with the jurisdiction of the Oil and Gas Commission. Accordingly, you have asked:
Do cities of the second class have the authority to enact ordinances regulating the mining and drilling of oil and gas wells within the city limits?
It is my opinion that cities of the second class can enact ordinances regulating the mining and drilling of oil and gas wells within the city limits, but only if the ordinances do not conflict with state law or with any requirement of the Oil and Gas Commission, and only if the ordinances are not less stringent than state law or any requirement of the Oil and Gas Commission.2
Cities of the second class are empowered to regulate matters related to municipal affairs (see A.C.A. §
Nevertheless, these cities are prohibited by state law from enacting any ordinance that is inconsistent with or contrary to state law. Article
State law grants the Oil and Gas Commission extensive and detailed authority to regulate matters relating to oil and gas drilling, including the authority to grant permits for drilling and the authority to make rules and regulations governing the various aspects of such activities. For a detailed listing of the Commission's powers and duties with regard to these matters, see A.C.A. §
Because of the breadth and detailed extent of the regulatory power given to the Oil and Gas Commission by state law, it is my opinion that the primary authority to regulate in the field of oil and gas matters belongs to the Commission. Accordingly, if a municipality exercises its regulatory powers pursuant to the statutes cited previously, it must do so in a manner that is consistent with the Commission's authority. In my opinion, a local ordinance that is less stringent than the requirements of state law and the rules and regulations of the Commission would be inconsistent with and contrary to authority of the Commission. It would therefore be contrary to state law, and thus violative of the Arkansas Constitution.
However, a local ordinance that attempts to regulate oil and gas drilling through regulations and other requirements that are more stringent than state law would be constitutionally permissible (provided that the ordinance and any rules and regulations enacted thereunder are otherwise consistent with state law and the rules and regulations of the Commission).
For the foregoing reasons, I conclude that cities of the second class can enact ordinances that regulate the mining and drilling of oil and gas wells within the city limits, but only if the ordinances are consistent with state law and the rules and regulations of the Oil and Gas Commission, and only if the ordinances are not less stringent than state law or any requirement of the Oil and Gas Commission
Assistant Attorney General Suzanne Antley prepared the foregoing opinion, which
I hereby approve.
Sincerely,
WINSTON BRYANT Attorney General
WB:SBA/cyh