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Lawsuit: Ohio wind setbacks were adopted in violation of state constitution

A lawsuit filed this week over Ohio’s wind turbine setbacks centers on whether landowners, developers and others had a chance to be heard before the stricter terms were adopted as part of an eleventh-hour budget bill amendment in 2014.House Bill 483’s property line setbacks became part of a massive 2014 budget bill less than 24 hours before its passage by the Ohio Senate.Barely 10 minutes of discussion on the provisions took place on the Senate floor.That “tucked away” issue forms the basis for the plaintiffs’ constitutional challenge now. The relevant part of the Ohio Constitution says “[n]o bill shall contain more than one subject, which shall be clearly expressed in its title.”The parties suing the state allege that the law “is a classic example of ‘logrolling.’” That kind of horse-trading practice typically combines unrelated proposals to get support from lawmakers who might trade support for one part of the bill if another part includes something to their advantage.

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Energy News Network