Quantcast

It's Official: Texas Prohibits Local Fracking Bans

Energy

Yesterday Texas Gov. Abbott signed HB 40 into law. Written by former ExxonMobil lawyer Shannon Ratliff, the statute forces every Texas municipality wanting common sense limits on oil and gas development to demonstrate its rules are “commercially reasonable.” It effectively overturns a Denton ballot initiative banning fracking that passed last November.

“HB 40 was written by the oil and gas industry, for the oil and gas industry, to prevent voters from holding the oil and gas industry accountable for its impacts,” said Earthworks’ Texas organizer Sharon Wilson. Wilson, who played a key role in the Denton ballot initiative, continued, “It was the oil and gas industry’s contempt for impacted residents that pushed Denton voters to ban fracking in the first place. And now the oil and gas industry, through state lawmakers, has doubled down by showing every city in Texas that same contempt.”

By a 59-41 percent vote, including 70 percent of straight ticket Republican voters, the residents of Denton banned hydraulic fracturing within city limits. The ban was a last resort after more than five years of fruitlessly petitioning oil and gas companies, the city and the state for help. “By signing HB40 into law, Governor Abbott just declared that industry profits are more important than our health, our homes and our kids,” said Adam Briggle, president of the Denton Drilling Awareness Group and a leader in the Frack Free Denton effort. He continued, “The letter of Texas law now says no city can ‘effectively prevent an oil and gas operation from occurring,’ no matter the threat to families’ health and safety or damage to private property."

The City of Denton is fighting a lawsuit brought against it by the oil and gas industry over its ordinance. Until HB40, attorneys for the city felt fairly confident their ordinance would stand. The Denton Drilling Awareness Group and Earthworks have intervened in the case in support of the city. They are represented by Earthjustice, attorneys from the Natural Resources Defense Counsel and the Texas law firm Brown & Hofmeister, LLP.

“The Texas courts have upheld a long tradition of local control, so the Governor and the Legislature took matters into their own hands.  Now, they have capitulated to the greedy but powerful oil and gas industry at the expense of their own constituents’ health, well-being, and property rights,” said Earthjustice attorney Deborah Goldberg, who is co-counsel for the citizen groups and successfully defended the town of Dryden, New York, in a similar court case. “We have been proud to represent the proponents of Denton’s ban, and we know they will regroup and fight back against this legislative over-reach.”

“The people of Denton exercised their democratic right to keep a nasty industrial process out of their community--and now big oil and their friends in high places are steamrolling them, along with everyone else in Texas,” said NRDC attorney Dan Raichel, co-counsel for the citizen’s groups. “The interests of a powerful industry should never take priority over the health and safety of American families. Texans should be able to keep dangerous activities and chemicals away from their homes, schools, and hospitals—just as hundreds of other communities across the country have already done.”

YOU MIGHT ALSO LIKE

Could Fracking Ruin Your Vacation?

Texas Passes Ban on Fracking Bans (Yes, You Read that Right)

Fracking Chemicals Found in Drinking Water, New Study Says

EcoWatch Daily Newsletter

Individual standing in Hurricane Harvey flooding and damage. Jill Carlson / Flickr / CC BY 2.0

By Allegra Kirkland, Jeremy Deaton, Molly Taft, Mina Lee and Josh Landis

Climate change is already here. It's not something that can simply be ignored by cable news or dismissed by sitting U.S. senators in a Twitter joke. Nor is it a fantastical scenario like The Day After Tomorrow or 2012 that starts with a single crack in the Arctic ice shelf or earthquake tearing through Los Angeles, and results, a few weeks or years later, in the end of life on Earth as we know it.

Read More Show Less
A pregnant woman works out in front of the skyline of London. SHansche / iStock / Getty Images Plus

Air pollution particles that a pregnant woman inhales have the potential to travel through the lungs and breach the fetal side of the placenta, indicating that unborn babies are exposed to black carbon from motor vehicles and fuel burning, according to a study published in the journal Nature Communications.

Read More Show Less
Sponsored

Teen activist Greta Thunberg delivered a talking-to to members of Congress Tuesday during a meeting of the Senate Climate Change Task Force after politicians praised her and other youth activists for their efforts and asked their advice on how to fight climate change.

Read More Show Less
Ten feet of water flooded 20 percent of this Minot, North Dakota neighborhood in June 2011. DVIDSHUB / CC BY 2.0

By Jared Brey

When Hurricane Michael tore through the Florida panhandle last October, it killed at least 43 people, caused an estimated $25 billion in damage and destroyed thousands of homes.

Read More Show Less
A protestor holds up her hand covered with fake oil during a demonstration on the U.C. Berkeley campus in May 2010. Justin Sullivan / Getty Images

The University of California system will dump all of its investments from fossil fuels, as the Associated Press reported. The university system controls over $84 billion between its pension fund and its endowment. However, the announcement about its investments is not aimed to please activists.

Read More Show Less
Sponsored
Forest fire continues to blaze in Indonesesia on Sept. 18. WAHYUDI / AFP / Getty Images

Nearly 200 people have been arrested in Indonesia over their possible connections to the massive wildfires raging in the nation's forest, officials said this week.

Read More Show Less

By Ngozi Okonjo-Iweala

World leaders have a formidable task: setting a course to save our future. The extreme weather made more frequent and severe by climate change is here. This spring, devastating cyclones impacted 3 million people in Mozambique, Malawi and Zimbabwe. Record heatwaves are hitting Europe and other regions — this July was the hottest month in modern record globally. Much of India is again suffering severe drought.

Read More Show Less
Covering Climate Now / YouTube screenshot

By Mark Hertsgaard

The United Nations Secretary General says that he is counting on public pressure to compel governments to take much stronger action against what he calls the climate change "emergency."

Read More Show Less