Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Texas Town Sues to Uphold Fracking Ban, Protect Democracy

Energy

The little guys aren't taking this one lying down. In November, voters in Denton, Texas—fed up with oil and gas drilling companies unwilling to work with citizens to put some reasonable protections in place and with state and local regulators for allowing new fracking wells near homes, schools, parks and hospitals—passed a ban on fracking, despite being hugely outspent. The Texas Oil and Gas Association, representing the fracking companies, and the state's General Land Office responded with lawsuits to protect their "right" to push fracking on unwilling residents.

Even kids can't help noticing the impact of fracking on their community. Image credit: Frack Free Denton

Now Denton is fighting back with lawsuits of its own. Yesterday, with the fracking ban taking effect on Tuesday, the Denton Drilling Awareness Group (DAG) and Earthworks, the groups that led the Frack Free Denton ballot initiative, filed intervention papers in both lawsuits, seeking to assert the right of citizens to decide what happens in their own neighborhoods. The groups are represented by the Texas local government law firm Brown & Hofmeister; attorneys from national environmental organizations Earthjustice and the Natural Resources Defense Council are asking the permission of the court to act as co-counsel.

“Denton residents, with Republican and Democratic majorities, voted overwhelmingly to ban fracking,” said DAG president Cathy McMullen. “Our city has the legal power to prevent bakeries from setting up shop in residential neighborhoods. To suggest that we don’t have the legal power to similarly bar fracking, a much more dangerous process, is the height of industry arrogance.”

“The state and industry could have respected Denton communities’ health, safety and property,” said Earthworks’ energy program director Bruce Baizel. “They chose not to. The ban is the result. Now, rather than constructively engage with the community, they simply overlook their regulatory failure and move to overturn democracy through legal action.”

Fracking wells are literally in residents' back yards. Photo credit: Frack Free Denton

At issue is whether local communities have the right to regulate oil and gas operations within their borders or whether, as the lawsuits by the oil and gas interests claim, Denton's voter-approved ordinance is overridden by state regulators in contradiction of Texas' long tradition of home rule authority over gas and oil development. There are many other local oil and gas regulations in effect across Texas, including in Dallas just to the south of Denton, which seems to contradict the contention of the frack-friendly interests.

"The State of Texas has granted municipalities the right to oversee oil and gas operations," Earthjustice managing attorney Deborah Goldberg pointed out. "The people of Denton have exercised that right, and we intend to help preserve it. Communities from California to Texas to New York are fed up with the abuses of the oil and gas industry. When state and federal officials won’t stand up for the public, citizens must have the right to use local democracy to protect themselves.”

Denton citizens mobilized to ban fracking in their community and aren't going to back down in the face of gas and oil companies' lawsuits. Photo credit: Frack Free Denton

“This fight cuts to the heart of our democracy, and it is far from over," said Natural Resources Defense Council attorney Dan Raichel. "The people of Denton have voted to keep fracking away from their homes and schools—they will not be bullied by powerful oil and gas companies that want to make a profit at the expense of their health. Denton is a pioneer in Texas, but it is not alone. This community joins hundreds of others around the country—and in Texas—that are demanding the right to determine what happens within their own borders."

YOU MIGHT ALSO LIKE

Fracking Bans Pass in Denton, Texas, Two California Counties and One Ohio Town

Poisoned Fracking Playgrounds a Threat to Texas Kids

Industry Responds to Denton, Texas Fracking Ban

EcoWatch Daily Newsletter

Marco Bottigelli / Moment / Getty Images

By James Shulmeister

Climate Explained is a collaboration between The Conversation, Stuff and the New Zealand Science Media Centre to answer your questions about climate change.

If you have a question you'd like an expert to answer, please send it to climate.change@stuff.co.nz

Read More Show Less
Luxy Images / Getty Images

By Jo Harper

Investment in U.S. offshore wind projects are set to hit $78 billion (€69 billion) this decade, in contrast with an estimated $82 billion for U.S. offshore oil and gasoline projects, Wood Mackenzie data shows. This would be a remarkable feat only four years after the first offshore wind plant — the 30 megawatt (MW) Block Island Wind Farm off the coast of Rhode Island — started operating in U.S. waters.

Read More Show Less
Giacomo Berardi / Unsplash

The COVID-19 pandemic has revealed both the strengths and limitations of globalization. The crisis has made people aware of how industrialized food production can be, and just how far food can travel to get to the local supermarket. There are many benefits to this system, including low prices for consumers and larger, even global, markets for producers. But there are also costs — to the environment, workers, small farmers and to a region or individual nation's food security.

Read More Show Less
Pexels

By Joe Leech

The human body comprises around 60% water.

It's commonly recommended that you drink eight 8-ounce (237-mL) glasses of water per day (the 8×8 rule).

Read More Show Less

By Michael Svoboda

The enduring pandemic will make conventional forms of travel difficult if not impossible this summer. As a result, many will consider virtual alternatives for their vacations, including one of the oldest forms of virtual reality – books.

Read More Show Less
Public Employees for Environmental Responsibility on Thursday accused NOAA of ignoring its own scientists' findings about the endangerment of the North Atlantic right whale. Lauren Packard / Flickr / CC BY 2.0

By Julia Conley

As the North Atlantic right whale was placed on the International Union for Conservation of Nature's list of critically endangered species Thursday, environmental protection groups accusing the U.S. government of bowing to fishing and fossil fuel industry pressure to downplay the threat and failing to enact common-sense restrictions to protect the animals.

Read More Show Less

Trending

Pexels

By Beth Ann Mayer

Since even moderate-intensity workouts offer a slew of benefits, walking is a good choice for people looking to stay healthy.

Read More Show Less