Texas Town Sues to Uphold Fracking Ban, Protect Democracy
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.
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.”
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.”
“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
To save the planet, we must save the Amazon rainforest. To save the rainforest, we must save its indigenous peoples. And to do that, we must demarcate their land.
A new EarthxTV film special calls for the protection of the Amazon rainforest and the indigenous people that call it home. EarthxTV.org
- Meet the 'Women Warriors' Protecting the Amazon Forest - EcoWatch ›
- Indigenous Tribes Are Using Drones to Protect the Amazon ... ›
- Amazon Rainforest Will Collapse by 2064, New Study Predicts ... ›
- Deforestation in Amazon Skyrockets to 12-Year High Under Bolsonaro ›
- Amazon Rainforest on the Brink of Turning Into a Net Carbon Emitter ... ›
EcoWatch Daily Newsletter
By Anke Rasper
"Today's interim report from the UNFCCC is a red alert for our planet," said UN Secretary General Antonio Guterres.
The report, released Friday, looks at the national climate efforts of 75 states that have already submitted their updated "nationally determined contributions," or NDCs. The countries included in the report are responsible for about 30% of the world's global greenhouse gas emissions.
- World Leaders Fall Short of Meeting Paris Agreement Goal - EcoWatch ›
- UN Climate Change Conference COP26 Delayed to November ... ›
- 5 Years After Paris: How Countries' Climate Policies Match up to ... ›
- Biden Win Puts World 'Within Striking Distance' of 1.5 C Paris Goal ... ›
- Biden Reaffirms Commitment to Rejoining Paris Agreement ... ›
India's New Delhi has been called the "world air pollution capital" for its high concentrations of particulate matter that make it harder for its residents to breathe and see. But one thing has puzzled scientists, according to The Guardian. Why does New Delhi see more blinding smogs than other polluted Asian cities, such as Beijing?
- This Indian Startup Turns Polluted Air Into Climate-Friendly Tiles ... ›
- How to Win the Fight Against Plastic - EcoWatch ›
In a historic move, the Delaware River Basin Commission (DRBC) voted Thursday to ban hydraulic fracking in the region. The ban was supported by all four basin states — New Jersey, Delaware, Pennsylvania and New York — putting a permanent end to hydraulic fracking for natural gas along the 13,539-square-mile basin, The Philadelphia Inquirer reported.
- Appalachian Fracking Boom Was a Jobs Bust, Finds New Report ... ›
- Long-Awaited EPA Study Says Fracking Pollutes Drinking Water ... ›
- Pennsylvania Fracking Water Contamination Much Higher Than ... ›
Colombia is one of the world's largest producers of coffee, and yet also one of the most economically disadvantaged. According to research by the national statistic center DANE, 35% of the population in Columbia lives in monetary poverty, compared to an estimated 11% in the U.S., according to census data. This has led to a housing insecurity issue throughout the country, one which construction company Woodpecker is working hard to solve.
- Kenyan Engineer Recycles Plastic Into Bricks Stronger Than ... ›
- Could IKEA's New Tiny House Help Fight the Climate Crisis ... ›