Texas bans fracking bans

[johnhoftb]

http://trailblazersblog.dallasnews.c...ing-bill.html/

Senate lawmakers on Monday delivered a sweeping victory to oil and gas operators in a fight that has roiled North Texas, and pitted a key state industry against communities’ desire to restrict fracking.

After a 24-7 final vote in the Senate, a measure to preempt cities from banning fracking and enacting a variety of other oil and gas-related ordinances now heads to Gov. Greg Abbott’s desk. Abbott is poised to give it his signature of approval.

The bill emerged as legislative backlash to a hydraulic fracturing ban passed last November by Denton voters. That ordinance bars oil and gas operators from fracking within city limits and has been challenged in court by the Texas Oil and Gas Association and the state’s General Land Office. While those lawsuits are still pending, the bill approved Monday would likely make Denton’s fracking ban impossible to enforce.

Monday’s vote, and the measure’s earlier overwhelming approval in the House, demonstrates the influence the oil and gas industry carries at the Legislature.

“With overwhelming bipartisan support and leadership from Chairman Troy Fraser and Chairman Drew Darby, House Bill 40 represents balanced legislation to continue the 100-year history of cooperation between Texans, their communities and oil and natural gas operators,” said Todd Staples, the former agriculture commissioner and head of TXOGA.

Others said the measure’s smooth sailing in the Legislature was indicative of the big money spent by the energy industry.

“Oil and gas companies donated $5.5 million to the campaigns of legislators in the last elections, and clearly they got their money’s worth,” Environment Texas Director Luke Metzger said in a statement opposing the bill’s passage.

Supporters say the legislation is needed to clarify what cities can and cannot regulate, and avoid lawsuits like the ones filed against Denton. Oil and gas production is important to the state’s economy and operations should not be prohibited or sharply reduced by city ordinances, they say.

The bill found “the common ground” between the energy industry and municipalities, said Sen. Troy Fraser, R-Horseshoe Bay. Fraser carried the bill in the Senate.

“Oil and gas is very valuable for the state for job development, but we have to find a way to coexist with municipal subdivisions,” he said after the vote.

But opponents say the legislation will leave wide open an avenue to further litigation with industry fighting cities’ attempts to regulate any drilling by arguing that such ordinances are not commercially reasonable. The legislation could also keep cities from passing important ordinances to protect health and safety.

“The government closest to the people is the government best for the people,” said Sen. Royce West, D-Dallas, who voted against the measure. “What you’re about to see is a lot of litigation between cities and state government.”

Under the bill, cities would be able to regulate above-ground activity, including lights, noise and drilling setbacks. But such ordinances, and any others approved, would need to be “commercially reasonable”—a standard that critics say could lead to excessive litigation.

Cities would also be barred from enacting ordinances that effectively ban oil and gas production, a standard that could bring into question a 1,500-ft. drilling setback approved by the Dallas City Council in 2013.

Likewise, cities would be preempted from approving new ordinances regulating underground activity, including waste disposal wells, which were recently tied to a swarm of earthquakes in the Azle area.

[SeanTheOriginal]

This seems like extremely childish behavior.
To go the extra step, all someone has to do is ban bans that ban bans, and we can all watch as Texas devolves into a playground.

[Garnier Fructis]

You can have your freedoms and small governments as long as they agree with conservative principles I guess.

[I Push Buttons]

I enjoy the hypocrisy of how Republicans, who constantly bash how big the federal government is and constantly advocate state rights, are the passing this law at the state level to overrule local ordinances that they don't agree with (read: that don't agree with the oil industry).

[BatteredRose]

Texas: Where everything is bigger, except for the brains.

[Garnier Fructis]

I enjoy the hypocrisy of how Republicans, who constantly bash how big the federal government is and constantly advocate state rights, are the passing this law at the state level to overrule local ordinances that they don't agree with (read: that don't agree with the oil industry).

I don't think the irony will be lost on anyone except for Vyxn, Orlong's character, etc.

[ComputerNerd]

All about making money.
A city should be free to ban fracking, rather than someone in government who likely has a vested interest deciding that.

[Xeones]

I'm 99% sure cities get to determine what is residential and business areas. So now the state is trying to tell the cities they don't get to decide that?

I question the constitutionality of this.

They are literally telling people they have no right to say "We don't like fire coming out of our water faucets." This is absolute bull shit and an utterly insane level of hypocrisy from republicans.

[Adam Jensen]

I enjoy the hypocrisy of how Republicans, who constantly bash how big the federal government is and constantly advocate state rights, are the passing this law at the state level to overrule local ordinances that they don't agree with (read: that don't agree with the oil industry).

Maine's got a similar thing going with minimum wages. LePage is banning the local municipalities from raising the minimum wage higher than the state minimum wage.

Things like this piss me off. It isn't up to the state to determine how a local municipality wants to run its own local economy.

[Lumineus]

Good. Dirty hippies are the reason we're so reliant on fracking now anyway. Wish someone had served them a big dish of STFU 50 years ago when they were mewling about nuclear power.

[Adp]

Looks like it's another win for lawyers to me.

[Noomz]

http://trailblazersblog.dallasnews.c...ing-bill.html/

Money decides laws in the US. I'm still unsure why the US hasn't had a revolution against the rampant capitalist maniacs that ruin their country and their lives.

[Xar226]

The decision itself is pretty dumb, but I don't have a problem with their right to make it.

Here's what most people don't understand: In many (most?) states, local government has no right to exist. Barring their specific enshrinement in each state's constitution, local governments exist because states caused them to exist. They have only the powers which the states chooses to grant them. This law is essentially just a limitation on the power that the state of Texas has chosen to delegate to subservient governments.

I am not an expert in Texas constitutional law; perhaps there is indeed a state constitutional clause that forbids what they just did, but I doubt it.

i don't deny it is kind of hypocritical, but it's also their right.

[Dsonsion]

Can you also ban a ban that bans a ban?

[Kujako]

Can you also ban a ban that bans a ban?

Not if they called double-bansies-no-backsies.

[Crissi]

It's bs. It's saying locals should have no day in what goes on in their area. It also ignores that Texas has been sympathetic to cities when the cities were conservative.

[Wells]

Small government, no no wait not that small.

[Stormspellz]

Small government, no no wait not that small.

small government! except when its effects our campaign cash.

[Belize]

Small government, no no wait not that small.

Small government but only for them dirty Democrats. Republican government can be as big as we want!

[Felya]

It's a response to:

http://earthquaketrack.com/p/united-...klahoma/recent

There are no fault lines in Oklahoma. Remember this when you hear people call for the free market when it comes to clean/reusable energy.

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Money decides laws in the US. I'm still unsure why the US hasn't had a revolution against the rampant capitalist maniacs that ruin their country and their lives.

Revolution? Remember what happened to occupy... Labeled as punks and disregarded by the 'liberal media'.