by banning fracking bans, texas picks gas drillers over ... · local anti-fracking ordinance in a...
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5/21/15, 12:40 PMBy Banning Fracking Bans, Texas Picks Gas Drillers over Local D…on Dreams | Breaking News & Views for the Progressive Community
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Published on Tuesday, May 19, 2015 by Common Dreams
By Banning FrackingBans, Texas Picks GasDrillers over LocalDemocracyGovernor Greg Abbott signs law designed tomake null and void the hard-fought victoryby the people of Denton, Texas who bannedthe hazardous drilling practice in their smalltownby Jon Queally, sta! writer
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5/21/15, 12:40 PMBy Banning Fracking Bans, Texas Picks Gas Drillers over Local D…on Dreams | Breaking News & Views for the Progressive Community
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"It was the oiland gas
In what environmental campaigners and the peopleof the small town of Denton, Texas are calling a clearexample of fossil fuel interests trumping the will oflocal residents, Republican Gov. Greg Abbott onMonday signed HB 40 into law thereby undermininga local ordinance, approved overwhelmingly byvoters during last year's election, which bannedfracking in the community.
After receiving Abbott's signature, the new lawbecame effective immediately and now forbids anyTexas town or city from passing local limits orrestrictions on any gas or oil drilling operationsdeemed "commercially reasonable" by privatedevelopers and state regulators. Though it applies toall municipalities across the state, the effort to passthe measure was largely seen as a way to combat thestunning victory by the people of Denton who madeinternational news in November by approving theirlocal anti-fracking ordinance in a politically right-wing state dominated by the fossil fuel industry.
In response to the law'spassage on Monday, those who
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Gov. Greg Abbott discusses HB40 with the press prior to its ceremonialsigning in the Governor's Reception Room on May 18, 2015. The bill givesthe state exclusive control over regulation of oil and gas operations,preempting local laws against fracking like the one approvedoverwhelmingly by voters in the town of Denton last year. (Photo: TexasTribune)
5/21/15, 12:40 PMBy Banning Fracking Bans, Texas Picks Gas Drillers over Local D…on Dreams | Breaking News & Views for the Progressive Community
Page 3 of 8http://www.commondreams.org/news/2015/05/19/banning-fracking-bans-texas-picks-gas-drillers-over-local-democracy
industry’scontempt for
impactedresidents that
pushed Dentonvoters to ban
fracking in thefirst place. Andnow the oil and
gas industry,through state
lawmakers, hasdoubled down
by showingevery city in
Texas that samecontempt." —
Sharon Wilson,Earthworks
campaigned hardest for theDenton initiative called it aclear case of the fossil fuelindustry using its politicalmuscle to overpower the will ofpeople in the name of profit.
"HB 40 was written by the oiland gas industry, for the oil andgas industry, to prevent votersfrom holding the oil and gasindustry accountable for itsimpacts," said Sharon Wilson, aTexas organizer for theenvironmental advocacy groupEarthworks. Wilson, whoplayed a key role in gettingDenton's fracking banapproved, continued, "It wasthe oil and gas industry’scontempt for impactedresidents that pushed Dentonvoters to ban fracking in the first place. And now theoil and gas industry, through state lawmakers, hasdoubled down by showing every city in Texas thatsame contempt."
Adam Briggle, president of the Denton DrillingAwareness Group and a leader in the Frack FreeDenton effort, said Gov. Abbott has now proven thathe believes "industry profits are more important"than the health, homes, and children of those wholive in towns like Denton. "The letter of Texas law,"Briggle stated, "now says no city can 'effectivelyprevent an oil and gas operation from occurring,' nomatter the threat to families' health and safety ordamage to private property."
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5/21/15, 12:40 PMBy Banning Fracking Bans, Texas Picks Gas Drillers over Local D…on Dreams | Breaking News & Views for the Progressive Community
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Though the oil and gas industry filed a lawsuitagainst Denton following the passage of the anti-fracking ordinance last year, that challenge may nowbe unnecessary due to the new law.
Earthjustice attorney Deborah Goldberg, who is co-counsel for the citizen groups and successfullydefended the town of Dryden, NY, in a similar courtcase, suggested that HB 40 became necessary for thegas industry given the flimsy quality of its lawsuitagainst the Denton ordinance.
"The Texas courts have upheld a long tradition oflocal control, so the Governor and the Legislaturetook matters into their own hands," Goldberg said."Now, they have capitulated to the greedy butpowerful oil and gas industry at the expense of theirown constituents’ health, well-being, and propertyrights."
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Members of the community-led group Frack Free Denton as they lobbied in the Texas capital against HB 40 early this year. Theindustry-backed measure was signed into law on Monday and effectively destroys the fracking moratorium overwhelminglyapproved by Denton voters at the ballot box in November. (Photo: Frack Free Denton/Facebook)
Further
5/21/15, 12:40 PMBy Banning Fracking Bans, Texas Picks Gas Drillers over Local D…on Dreams | Breaking News & Views for the Progressive Community
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"The people ofDenton
exercised theirdemocratic
right to keep anasty industrial
process out oftheir
community--and now big oil
and theirfriends in high
places aresteamrollingthem, along
with everyoneelse in Texas."—Dan Raichel,
NRDC
The mayor of Denton, ChrisWatts, who supported thefracking ban approved by localvoters, acknowledged that HB40 will likely "render Denton’sordinance unenforceable," butsaid the Texas legislature andGovernor Abbott haveapproved a short-sighted andill-conceived measure byturning HB 40 into state law. Inan op-ed for the DentonChronicle-Record, Wattsexplained:
HB 40 goes far beyondDenton’s fracturing banand offers no solution tothe multifacetedchallenges of urbandrilling. The bill is just aBand-Aid, and a poor oneat that, because it does not address long-term, comprehensive regulations by citiesof oil and gas development in urban areas.
So if cities cannot effectively regulate oiland gas operations within their city limits,who will? Some say the Texas RailroadCommission. Yet, I have seen no draftsfrom the commission of new rulesaddressing the issues and concerns of ourresidents. Are they being written? Whenwill they come forward? What musthappen before they are approved by thecommission?
According to members of the legal team working ontheir behalf, the people of Denton are not ready to
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5/21/15, 12:40 PMBy Banning Fracking Bans, Texas Picks Gas Drillers over Local D…on Dreams | Breaking News & Views for the Progressive Community
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give up the fight just yet. "We have been proud torepresent the proponents of Denton’s ban and weknow they will regroup and fight back against thislegislative over-reach," said Goldberg.
And Dan Raichel, an attorney with NRDC and co-counsel for the citizen’s groups, was emphatic. "Thepeople of Denton exercised their democratic right tokeep a nasty industrial process out of theircommunity--and now big oil and their friends inhigh places are steamrolling them, along witheveryone else in Texas," he said. "The interests of apowerful industry should never take priority over thehealth and safety of American families. Texansshould be able to keep dangerous activities andchemicals away from their homes, schools, andhospitals--just as hundreds of other communitiesacross the country have already done."
For Mayor Chris Watts, meanwhile, he made it clearthat neither he nor his community has any regretsabout taking on the powerful fossil fuel industry andtheir legislative allies in Texas.
"It took a city like Denton and its residents to shinethe spotlight on the inherent and unique problemsassociated with urban drilling," he said. "The city ofDenton can and will move forward," he continued,and will not stop developing and enforcing"ordinances that protect the health and safety of ourresidents."
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5/21/15, 12:40 PMBy Banning Fracking Bans, Texas Picks Gas Drillers over Local D…on Dreams | Breaking News & Views for the Progressive Community
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Top Comments
gentryfunk
The fascinating thing to me about thispiece of legislation is that it is fascist in designand implementation. How is this law differentfrom Mussolini using state power to force workersand families to capitulate to state control overtheir lives? I also wonder at the tea-partysupporters so opposed to government intrusioninto our lives? Where is their outrage at the stateoverruling the voting population of Denton? It isremarkable to see such blatant disregard for thewill of the people.
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