By TONI ELLINGTON
On November 4, 2014, voters in Denton, Texas, voted to enact an ordinance to amend Chapter 16, Licenses, Permits, and Business Registrations of the Code of Ordinances, to prohibit hydraulic fracturing within the city limits. The ordinance passed with 59% of the vote. Denton is the first city in the State of Texas to ban fracking.
The next day, on November 5, 2014, two lawsuits were filed to prevent the ordinance from taking
effect. The Texas Oil and Gas Association filed its lawsuit in Denton County Court, claiming the ban undermines the state’s comprehensive regulation of oil and gas development.
The second lawsuit was filed by the Texas General Land Office in the 53rd District Court, Travis County, Texas, Case No. D-1-GN-14-004628. The plaintiff in the case is Jerry Patterson, Commissioner of the Texas General Land Office. The plaintiff seeks a permanent injunction, claiming that the Land Office has a “sacred and solemn responsibility to the school children of Texas” to manage oil and gas leases for state-owned lands in the City of Denton for funding for public schools.
Other organizations, including the Texas Railroad Commission, have indicated they may file suit. The Texas Railroad Commission has said that it will not honor the amended ordinance. Chairwoman of the Commission, Christi Craddick, has said she will continue issuing drilling permits.
Prior to putting the issue to a vote, the Denton City Council had issued a moratorium on hydraulic fracturing within the city limits.
For more information and updates, stay tuned to this blog, or contact Toni Ellington at (504) 599-8500.
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