Thu, 2014-11-06 13:33Steve Horn
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Bush Family and Its Inner Circle Play Central Role in Lawsuits Against Denton, Texas Fracking Ban

George P. Bush, Texas Land Commissioner-Elect

On November 4, Denton, Texas, became the first city in the state to ban the process of hydraulic fracturing (“fracking”) when 59 percent of voters cast ballots in favor of the initiative. It did so in the heart of the Barnett Shale basin, where George Mitchell — the “father of fracking” — drilled the first sample wells for his company Mitchell Energy.

As promised by the oil and gas industry and by Texas Railroad Commission commissioner David Porter, the vote was met with immediate legal backlash. Both the Texas General Land Office and the Texas Oil and Gas Association (TXOGAfiled lawsuits in Texas courts within roughly 12 hours of the vote taking place, the latest actions in the aggressive months-long campaign by the industry and the Texas state government to fend off the ban.

The Land Office and TXOGA lawsuits, besides making similar legal arguments about state law preempting local law under the Texas Constitution, share something else in common: ties to former President George W. Bush and the Bush family at large.

In the Land Office legal case, though current land commissioner Jerry Patterson signed off on the lawsuit, he will soon depart from office. And George Prescott Bush — son of former Florida Governor and prospective 2016 Republican Party presidential nominee Jeb Bush and nephew of former President George W. Bush — will take his place.

George P. Bush won his land commissioner race in a landslide, gaining 61 percent of the vote. Given the cumbersome and lengthy nature of litigation in the U.S., it appears the Land Office case will have only just begun by the time Bush assumes the office.

The TXOGA legal complaint was filed by a powerful team of attorneys working at the firm Baker Botts, the international law firm named after the familial descendants of James A. Baker III, a partner at the firm.

Baker III served as chief-of-staff under both President Ronald Reagan and President George H.W. Bush, Secretary of State under George H.W. Bush and as a close advisor to President George W. Bush on the U.S. occupation of Iraq. He gave George P. Bush a $10,000 donation for his campaign for his race for land commissioner.

James A. Baker III Campaign Contribution George P. Bush

Photo Credit: Texas Land Commission

The Energy Policy Act of 2005which exempts the oil and gas industry from the Safe Drinking Water Act, the Clean Water Act and the National Environmental Policy Act for fracking, is seen by critics as the legacy of ashes left behind by the George W. Bush Administration.

Yet almost a decade later, the two lawsuits filed against Denton show the Bush oil and gas legacy clearly lives on and stretches from the state where the fracking industry was born all the way to Iraq and back again. 

Wed, 2014-11-05 17:04Julie Dermansky
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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

Wed, 2014-11-05 15:26Chris Rose
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The EU’s New Climate Commitments Make Canada and the U.S. Look Ridiculous

connie hedegaard, climate change, EU

The European Union has reached a new legally-binding climate change agreement that would see greenhouse gas emissions drop by at least 40 per cent of 1990 levels by 2030.

The agreement, signed off in Brussels two weeks ago by the EU’s 28 member nations, is designed to ensure Europe meets its objective of cutting emissions by at least 80 per cent by mid-century.

It also puts Europe in the lead position to help persuade other nations trailing far behind the EU’s emissions-reduction goals to reach a long-sought global climate change accord next year in Paris.

The 2030 climate and energy plan also calls for the share of renewable energy to increase to 27 per cent of 1990 levels while seeing a 27 per cent increase in energy efficiency.

In an official statement, European Commission President José Manuel Barroso said the 2030 package is very good news for the fight against climate change.

Wed, 2014-11-05 13:50Mike Gaworecki
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Voters Ban Fracking In Texas, California, And Ohio

Yesterday's elections sent several more climate deniers to a dirty energy money-rich Congress, where they're already sharpening their knives and preparing to cut the centerpiece of President Obama's climate agenda, the EPA's Clean Power Plan, to shreds.

Erich Pica, president of Friends of the Earth, summed it up succinctly: “With a tremendous amount of spending, the Koch Brothers have literally purchased the best Congress they could buy. It is now up to President Obama to pursue aggressive executive action on our pressing environmental issues, including climate change and clean water protections.”

But it was not all bad news for the climate yesterday, because many communities are not content to wait on the President to take action: Citizen-led initiatives to ban fracking won big in California, Ohio, and Texas.

The biggest of these victories was undoubtedly won in Denton, TX. A small city northwest of Dallas, Denton already has 275 fracked wells. Locals' concerns about fracking's impact on health and the environment led to a landslide 59% to 41% win for the measure, which bans fracking within city limits.

Wed, 2014-11-05 05:00Mike Gaworecki
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Climate Deniers In Congress Take 3.5 Times As Much Money From Dirty Energy Interests

As the US Environmental Protection Agency attempts to draw down emissions from power plants via its Clean Power Plan, fossil fuel interests are, of course, fighting back. A new special report from Earthjustice exposes the “unparalleled political spending by dirty energy industries” intent on defeating the EPA's climate initiative.

Power plants, especially those that burn coal and natural gas, are responsible for nearly one-third of all global warming emissions in the US, making electricity production the single biggest source of climate change pollution. There are currently no limits on how much carbon dioxide power plants can dump into the atmosphere.

Burning coal for electricity in particular has also been found to have dire impacts on human health at every stage of its life cycle. But those who live nearby coal-fired power plants suffer some of the worst of it: children are more likely to have asthma if they live by a plant burning coal, and mercury pollution from coal has been linked to higher incidence of autism and other developmental issues.

There's a social justice angle to consider too: coal-fired power plants are much more likely to be situated near a low-income community or community of color, forcing people who have done the least to contribute to the problem to deal with a disproportionate share of the impacts. According to Earthjustice, 40% of the US's Latino population lives within 30 miles of a power plant.

The EPA's Clean Power Plan aims to reduce emissions from US power plants some 30% below 2005 levels by 2030, but it will have a host of other economic and health benefits as well. Earthjustice says that imposing emissions limits on power plants could prevent as many as 100,000 asthma attacks in children every year, and by cutting their climate pollution Americans could save $13 billion a year on their energy bills.

Which begs the question Earthjustice set out to answer: “When acting on climate change has the added benefits of cleaner air that’s easier to breathe, healthier communities, safer people and homes, economic protection and even growth, why would elected officials oppose it?”

As the saying goes, just follow the money.

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