Breaking: No Action Taken on a Proposal to Repeal Denton, Texas Fracking Ban

Julie Dermansky

Denton's city council decided not to vote on a repeal of the city's fracking ban, after almost six hours of discussion on the topic at a public meeting last night. 

The vote to repeal the ban was called for shortly after Texas Governor Greg Abbott singed HB40 into law, making Denton’s fracking ban illegal. 

The Only Legal Challenge To Local Fracking Bans In California Was Just Quietly Dropped

The only lawsuit seeking to overturn any of the local fracking bans in the state of California has been dropped.

Southern California-based Citadel Exploration filed a suit on February 27 against San Benito County’s Measure J, which voters approved by a wide margin last November despite the oil and gas industry outspending its opponents 13-to-1 in an attempt to defeat the measure.

Citadel had called Measure J an “illegal local statutory scheme” and argued that only the state has the right to regulate oil and gas development, according to the San Jose Mercury News. The company has not released any further statements or responded to requests for comment on why it chose to drop the suit.

But anti-fracking activists and others who have worked on the fracking bans have their own theories.

“It's pretty clear to me now that the oil industry was bluffing,” Andy Hsia-Coron, a retired schoolteacher who helped run the Measure J campaign, told the San Jose Mercury News. “As they examined their hand, they realized it was pretty weak.”

Disclosure Fail: Industry Reps Testifying for Denton, Texas Fracking Bill Left Ties Undisclosed

March 24 hearing prior to the passage of a controversial bill out of committee that preempts cities in Texas from regulating hydraulic fracturing (“fracking”) for oil and gas obtained from shale basins, featured numerous witnesses who failed to disclose their industry ties, including some with ties to the Koch brothers

The next day on March 25, Texas Senate Bill 1165 — “Relating to the express preemption of regulation of oil and gas operations and the exclusive jurisdiction of those operations by the state” — passed in the Senate Natural Resources & Economic Development Committee unanimously. Its companion bill, HB 40, also only received a single dissenting vote, and it now advances to a full floor vote in both chambers.  

The legislation is seen by some as part of the multipronged effort to chip away and ultimately defeat the Denton, Texas fracking ban voted on by the city's citizens on Election Day 2014, with another prong being the lawsuits filed against the city.

The March 24 Senate Natural Resources & Economic Development hearing on SB 1165, lasting over four hours, featured a long list of witnesses testifying for and against the bill.

Though everyone testifying in support of it had industry ties, a DeSmogBlog investigation reveals that a few of them did not disclose this when signing up to testify and simply wrote they were testifying as “self.” 

Texas-sized Dose of Hypocrisy Served Up To Local Governments Statewide in an Effort to Overturn Denton's Fracking Ban

On March 24, the Texas House of Representatives’ Energy Resources Committee passed a bill that would rescind the fracking ban in Denton and other efforts by local Texas municipalities to protect themselves from the oil and gas industry. Once language in the bill is finalized, which could happen today, the legislation will make its way to the full Texas Senate for a vote. 

“The oil and gas industry are getting what they always wanted – to get these pesky cities out of the way. They’re utilizing the lack of diligence and gullibility of state government – who are bought and paid for by industry, by using the Denton fracking ban to get what they want,” Denton Councilman Kevin Roden told DeSmogBlog. 

“It is a political cliché to take advantage of a good crisis. And the fracking ban gave them a good crisis.” Roden said.

Instead of fighting the ban in the courts, industry made a preemptive move to eliminate local ordinances altogether by pushing representatives to pass laws against ordinances in their way. 

California Court Rejects Misleading Language In Local Fracking Ballot Initiative--Twice

Residents of La Habra Heights in Los Angeles County, California want their city to become the latest to ban fracking and other high intensity oil extraction methods, and have placed an initiative on the March 2015 ballot to do just that.

The residents and activists seeking to ban fracking in La Habra Heights won a significant battle on New Year’s Eve when inaccurate and misleading ballot language backed by the oil and gas industry was rejected by the Los Angeles Superior Court. Now they've won a second victory against the oil and gas companies trying to game the citizen initiative system.

“The Healthy City Initiative,” also known as Measure A, seeks to ban fracking and would also prohibit any new oil and gas wells from being drilled within city limits, as well as bar dormant wells from being reactivated. The intention is to stop La Habra Heights from becoming the latest fracking boom town without shuttering current oil and gas development projects, so as to have as minimal an impact on the local economy as possible while ensuring the future health and viabillity of the community.

Earthjustice sued the city of La Habra Heights on December 1 on behalf of residents, La Habra Heights Oil Watch, and the Center for Biological Diversity after the city included oil and gas industry language on the ballot that, according to an Earthjustice press release, “inaccurately summarizes the language that was circulated to and signed by voters in order to place the initiative on the ballot in the first place.”

DeSmogBlog’s Top 10 Stories of 2014

It was a year of highs and lows as far as climate change and energy issues. Perhaps unsurprisingly, the lows got a lot of the attention, which is why the top 10 posts on DeSmog this year are mostly of the outrageous, infuriating or depressing variety.

We’ve already collected the top clean energy revolution stories of the year, so if this post gets too heavy for you, you can always pop over there and have some of your hope for the future restored.

But for those of you who can't look away, here are the top ten stories we posted on DeSmog this year, as measured by the amount of traffic each received:

First Texas City to Ban Fracking Cites "Public Nuisance" in Lawsuit Response

Attorneys representing Denton, Texas, the first city to ban hydraulic fracturing (“fracking”) in state history, have issued rebuttals to the two lawsuits filed against Denton the day after the fracking ban was endorsed by voters on election day. 

Responding to lawsuits brought by attorneys with intimate Bush family connections — with complaints coming from both the Texas General Land Office and the Texas Oil and Gas Association — the Denton attorneys have signaled the battle has only just begun in the city situated in the heart and soul of the Barnett Shale, the birthplace of fracking. 

In its response to the Texas Oil and Gas Association, Denton's attorneys argued the Association did not provide sufficient legal evidence that the Texas constitution demarcates the Texas Railroad Commission or the Texas Commission on Environmental Quality as the only governmental bodies that can regulate or permit fracking.

“Nowhere in…the Petition as a whole, does Plaintiff identify what regulations have been passed by the Texas Railroad Commission or the Texas Commission or Environmental Quality that allegedly occupy the 'entire field' rendering the [ban] preempted and unconstitutional,” wrote the attorneys. “City requests the Court to order Plaintiff to replead that claim with greater specificity to meet those fair notice requirements.”

Industry-friendly Railroad Commission (RRC) chairman Christi Craddick is on the record stating that the RRC will continue to issue permits despite the fact Denton citizens voted for a ban.

The Denton attorneys also argued that fracking is a “public nuisance” and “subversive of public order” in defense of the fracking ban.

'Frack Master' Joins UK Debate on Shale Gas After Losing Texas Town to Fracking Ban

Chris Faulkner, the founder and CEO of the Texas-based Breitling Energy Corporation (BECC)warned against the ‘dangers’ of opposing fracking in the UK at an Npower-funded industry event held in London yesterday.

The “Frack Master”, a nickname acquired due to Faulkner’s “unapologetic and outspoken industry advocacy” earned the title of ‘Industry Leader of the Year’ at last year’s Oil & Gas Awards for the Southwest Region in the US.

Unfortunately, Faulkner’s ongoing success was dealt a swift blow when residents of Denton, Texas voted to ban fracking on 4 November in the face of overwhelming industry pressure.

Breaking: Denton, Texas Hit with Lawsuits After Landslide Victory on Fracking Ban

Less than 24 hours after Denton became the first Texas city to ban fracking within city limits, the city is being sued. The Texas General Land Office and the Texas Oil and Gas Association are the first to challenge the new ordinance. 

Denton voters passed the fracking ban by a 59-to-41 percent margin, becoming the first Texas city to ban fracking. 

Michael Leza, a Denton resident who campaigned for the ban, told DeSmogBlog: “I'm really happy that the city managed to pull together and fight off the flood of industry propaganda and money. It shows that when people feel connected on a personal level with something they will get informed and vote in their own best interest. Unlike the statewide races where people seem more concerned with politics as a game that they are trying to win, here in Denton we saw a true grassroots movement drag the lovers of power kicking and screaming into protecting our health and safety, regardless of the wishes of the powerful to the contrary”

Michael Leza, a Denton resident © 2014 Julie Dermansky

Supporters of Fracking Ban Face New Wave of McCarthyism in Denton, Texas

Banning fracking in Denton, Texas

In Denton, Texas, a college town north of Dallas that sits atop the Barnett Shale formation, the fight over a referendum banning fracking within city limits is in the final stretch.

The local ballot initiative has global implications, with the energy sector watching closely.

The turmoil in Denton reflects a growing national debate between those concerned with health and quality of life issues, and others who claim the fracking industry is America’s answer to economic growth and energy independence.


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