Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Texas Town Sues to Uphold Fracking Ban, Protect Democracy

Energy
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.

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

54% of parents with school-age children expressed concern that their children could fall behind academically, according to a poll conducted over the summer of 2020. Maria Symchych-Navrotska / Getty Images

By Pamela Davis-Kean

With in-person instruction becoming the exception rather than the norm, 54% of parents with school-age children expressed concern that their children could fall behind academically, according to a poll conducted over the summer of 2020. Initial projections from the Northwest Evaluation Association, which conducts research and creates commonly used standardized tests, suggest that these fears are well-grounded, especially for children from low-income families.

Read More Show Less

EcoWatch Daily Newsletter

A teenager reads a school English assignment at home after her school shut down because of the COVID-19 pandemic on March 22, 2020 in Brooklyn, New York. Andrew Lichtenstein / Corbis via Getty Images

The pandemic has affected everyone, but mental health experts warn that youth and teens are suffering disproportionately and that depression and suicide rates are increasing.

Read More Show Less

Trending

In an ad released by Republican Voters Against Trump, former coronavirus task force member Olivia Troye roasted the president for his response. Republican Voters Against Trump / YouTube

Yet another former Trump administration staffer has come out with an endorsement for former Vice President Joe Biden, this time in response to President Donald Trump's handling of the coronavirus pandemic.

Read More Show Less
Climate Group

Every September for the past 11 years, non-profit the Climate Group has hosted Climate Week NYC, a chance for business, government, activist and community leaders to come together and discuss solutions to the climate crisis.

Read More Show Less
A field of sunflowers near the Mehrum coal-fired power station, wind turbines and high-voltage lines in the Peine district of Germany on Aug. 3, 2020. Julian Stratenschulte / picture alliance via Getty Images

By Elliot Douglas

The coronavirus pandemic has altered economic priorities for governments around the world. But as wildfires tear up the west coast of the United States and Europe reels after one of its hottest summers on record, tackling climate change remains at the forefront of economic policy.

Read More Show Less

Support Ecowatch