Meet the NEW Oil and Gas Land Management Commission

Leasing Ohio’s state parks and wildlife areas for fracking has been a widely controversial issue since the process was kick-started by HB 507, passed during the lame duck session of 2022.

At the center of this controversy is the Oil and Gas Land Management Commission. One of the many councils and commissions operating under the Ohio Department of Natural Resources, the Oil and Gas Land Management Commission deliberates on issues dealing directly with the leasing of state mineral rights.

In practice, this means the commission:

• Oversees the process for oil and gas companies to nominate public lands for extraction
• Takes public comments on these nominations
• Approves or denies each nomination
• Oversees the process for oil and gas companies to bid on public lands whose nominations have been approved for fracking
• Selects which oil and gas company is awarded the bid to frack approved public land.

Originally created as the Oil and Gas Leasing Commission in 2011 by Ohio House Bill 133, the commission did not meet for many years. Due to massive public outcry against fracking our state parks and public lands, then-Gov. John Kasich chose not to name anyone to the commission. In 2019 the commission was appointed by Gov. Mike DeWine and became the Ohio Oil and Gas Land Management Commission.

By Ohio statute, the Oil and Gas Land Management Commission consists of five members appointed by the governor:

• The director of the Ohio Department of Natural Resources or the director’s designee, who chairs the commission
• Two members with knowledge or experience in the oil and gas industry recommended by a statewide organization representing the oil and gas industry
• One member of the public with expertise in finance or real estate
• One member representing a statewide environmental or conservation organization

Find meeting announcements, lease nominations, meeting and comment archives, and more on the Ohio Oil and Gas Land Management Commission website. If you’d like to receive notice of nominations as they come in, email Commission.Clerk@oglmc.ohio.gov.

Meet the Commissioners

The Oil and Gas Land Management Commission has had a lot of turnover in the past few months. Both oil and gas commissioners Matthew Warnock and Michael Wise have resigned, as did previous commission chair Ryan Richardson. Here are the current members of the commission, along with their contact information below.

Chair

Theresa White is the Chief Operating Officer of the Ohio Department of Natural Resources, and ODNR Director Mary Mertz’s designee to chair the Oil and Gas Land Management Commission. Prior to coming to ODNR, White served in multiple roles with the Public Utilities Commission of Ohio, most recently as Executive Director of the Ohio Power Siting Board. She has also worked as an attorney in the private sector with Kastner Heritage Group and ReliabilityFirst Corp. White holds a bachelor’s degree from Syracuse University, a master’s degree in Public Policy and Management from The Ohio State University’s John Glenn School of Public Affairs, and a J.D. from the OSU Moritz College of Law.

Representing the Oil and Gas Industry

As an attorney with Oliva Gibbs, Andrew Good represents companies active in the oil and gas industry in both litigation and arbitration matters, from risk management to trial. He also advises clients on compliance and regulatory issues and handles proceedings in front of administrative agencies / governmental bodies, including the Ohio Department of Natural Resources and the Ohio Department of Commerce. Since 2020, Andrew has been recognized as an “Ohio Rising Star” by Super Lawyers and as “One to Watch” for commercial litigation by Best Lawyers. Good holds a bachelor’s degree from The Ohio State University, and a J.D. from Capital University Law School.

Anthony W. Jesko is a shareholder of Dickie, McCamey & Chilcote, P.C. and a member of the firm’s Energy Group and Real Estate Group. He concentrates his practice in all areas of oil and gas law with an emphasis in oil and gas litigation, administrative, lead counsel in statutory unitizations and appeals, transaction work, and title. Jesko was in-house corporate counsel for an independent exploration and production oil and gas company, where he advised the CEO, COO, General Counsel, CFO, Executive Vice Presidents, and top senior management on complex oil and gas related legal issues. Before attending law school, Mr. Jesko worked in corrections.

Representing Finance and Real Estate

Stephen Buerher is a partner with Carpenter, Lipps & Leland, where he heads the firm’s Ohio practice in the area of public policy and government regulation. He has extensive experience and knowledge in state and local government and politics. Most recently, Buerher was appointed by Gov. John Kasich as the Administrator/CEO of the Ohio Bureau of Workers’ Compensation where he was responsible for leading the largest state-fund insurance system in the nation with nearly 2,000 employees and $2 billion in annual premium. Buerher was a member of the Ohio Senate representing Northwest Ohio from 2007 until 2011. He also served as a member of the Ohio House of Representatives from 1999 until 2006. He was named National Legislator of the Year by the American Legislative Exchange Council.

Representing Statewide Environmental or Conservation Organization

Jim McGregor is the governmental affairs officer board member for the Ohio Natural Areas and Preserves Association. McGregor worked with the Ohio Department of Natural Resources in a variety of positions in the 1970s and 1980s. He was elected to five terms as mayor of Gahanna beginning in 1983. In 2001, McGregor was appointed to and later elected to the 20th Ohio House of Representatives seat. He is the former executive director of League of Conservation Voters. He is now retired and has a small property management business.

Ohio Department of Natural Resources

Mary Mertz serves as director of the Ohio Department of Natural Resources. Gov. Mike DeWine appointed her to this post in January 2019. In this role, Mertz leads and oversees 11 divisions that manage Ohio’s state parks, preserves, and forests; analyze and report on geologic and water resources; protect and improve the Lake Erie coastline; conserve and manage Ohio’s fish and wildlife; and regulate oil, gas, and mining industries. ODNR employees can be found in each of Ohio’s 88 counties, with assignments from the Ohio River to Lake Erie and its islands, and from the east to the western borders of Ohio. Mertz has been instrumental in advancing DeWine’s initiatives in the H2Ohio water quality program by launching an ambitious effort to restore and create wetlands in key locations across Ohio, focusing on the Lake Erie watershed. She has also led efforts to conserve and protect important land areas for both recreational opportunities and preservation of rare species. A lawyer with experience in both the public and private sectors, Mertz served as first assistant attorney general during DeWine’s entire tenure in the Ohio Attorney General’s Office. In that position she led all legal and operational divisions in advancing the work of the office.

Commission Clerk Nathan Moffitt is deputy director of legislative affairs at Ohio Department of Natural Resources. Moffitt acts as clerk for the commission, sending out emails regarding the nominations as well as postings of meetings. He has been a resource to the citizens of Ohio in replying to emails and acting as an intermediary with administration.

Contact Information

• Theresa White – Theresa.White@dnr.ohio.gov, 614-265-1089
• Nathan Moffitt – Commission.Clerk@oglmc.ohio.gov, 614-265-6836
• Andrew Good – agood@oglawyers.com, 614-340-9880
• Anthony Jesko – ajesko@dmclaw.com, 740-284-1682 Ext 3211
• Stephen Buehrer – buehrer@carpenterlipps.com, 614-365-4107
• Jim McGregor – jim.mcgregor99@gmail.com
• Mary Mertz – Mary.Mertz@dnr.ohio.gov, 614-265-1005