January 11, 2021 / Law Alert

Ohio Supreme Court wraps up 2020 by repeatedly reminding state agencies to stay in their statutory lanes

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. Porter Wright’s Brad Hughes, Mark Stemm & Eric Gallon wrote a white paper explaining the court's decisions and impact.

Read the full white paper.