The debate over hydraulic fracturing recently has centered on whether localities have the authority to enact fracking bans. Several cities throughout the United States have attempted to impose such bans and several industry groups have tried to strike down the bans in the courts with varying success. One of the latest cities to join the debate is Denton. Because Texas courts have yet to address this issue, it is unclear whether it and other cities have the authority to pass bans on hydraulic fracturing. This is true not just for the proposed ban at issue in Texas but also for similar measures nationwide.
Proposed Ban in Denton
On Nov. 4, Denton residents voted for a hydraulic fracturing ban in city limits. Of those Denton residents who voted, 59 percent were in favor of the measure and 41 percent voted against it. This issue initially was before the Denton City Council; however, rather than rule on the ban itself, the council opted to place the ban on the ballot for the November elections. Although some members of the Council desired to pass the measure, they ultimately did not have sufficient support from the other members. Denton currently has a moratorium in place prohibiting drilling until Jan. 20, 2015.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
