First Texas City to Ban Fracking Cites "Public Nuisance" in Lawsuit Response

picture-7018-1583982147.png
on

Attorneys representing Denton, Texas, the first city to ban hydraulic fracturing (โ€œfrackingโ€) in state history, have issued rebuttals to the two lawsuits filed against Denton the day after the fracking ban was endorsed by votersย on electionย day.ย 

Responding to lawsuits brought by attorneys with intimate Bush family connectionsย โ€” with complaints coming from both the Texas General Land Office and the Texas Oil and Gas Association โ€” the Denton attorneys have signaled the battle has only just begun in the city situated in the heart and soul of the Barnett Shale, the birthplace ofย fracking.ย 

In its response to the Texas Oil and Gas Association, Denton’s attorneys argued the Association did not provide sufficient legal evidence that the Texas constitution demarcates the Texas Railroad Commission or the Texas Commission on Environmental Qualityย as the only governmental bodies that can regulate or permitย fracking.

โ€œNowhere inโ€ฆthe Petition as a whole, does Plaintiff identify what regulations have been passed by the Texas Railroad Commission or the Texas Commission or Environmental Quality that allegedly occupy the ‘entire field’ rendering the [ban] preempted and unconstitutional,โ€ wrote the attorneys. โ€œCity requests the Court to order Plaintiff to replead that claim with greater specificity to meet those fair noticeย requirements.โ€

Industry-friendly Railroad Commission (RRC) chairmanย Christi Craddickย is on the record stating that the RRC will continue to issue permits despite the fact Denton citizens voted for aย ban.

The Denton attorneys also argued that fracking is a โ€œpublic nuisanceโ€ and โ€œsubversive of public orderโ€ in defense of the frackingย ban.

Denton Response to Texas Oil and Gas Association Lawsuit
Image Credit: Denton County,ย Texas

General Land Officeย Response

In response to a lawsuit by the Texas General Land Officeย โ€”ย an organization soon to be headed by George P. Bush, nephew of George W. Bush and son of likely 2016 Republican Party presidential candidate Jeb Bushย โ€” Denton’s legal team has argued for a venue change.

Currently in Travis County, Denton’s attorneys believe the case should be moved to Denton County because the legal questions at hand center around fracking in Denton and notย Travis.

โ€œPlaintiffโ€™s suit concerns mineral interests in public lands located in Denton, Texas. Plaintiff is the manager of those interests,โ€ wrote the Denton team.

โ€œPlaintiff brought this suit in Travis County, Texas but does not cite to any specific statutory provision upon which it relies to establish venue for this case in Travis Countyโ€ฆThe City further asserts that venue of this dispute is mandatory in Denton County, Texas and the case should be transferred to thatย county.โ€

Denton Response to Texas General Land Office Lawsuit
Image Credit: Travis County,ย Texas

Like the Texas Oil and Gas Association response, the Denton attorneys argued that fracking is a โ€œpublic nuisanceโ€ and โ€œsubversive of public orderโ€ in the affirmative defense portion of their legalย response.

โ€œWatershedย Momentโ€

Denton has set aside a $4 million fundย to assist its legal response.ย ย 

โ€œThe Denton fracking ban is a watershed moment for Texas,โ€ Cathy McMullenย of Frack Free Denton said in a press release. โ€œIf state officials truly support local control and the rule of law, they must defend our communityโ€™s fracking ban from political attempts to overturn it. And let the courts decide whether itโ€™s legal, as we are sure itย is.โ€

Photo Credit: Sam72 | Shutterstock

picture-7018-1583982147.png
Steve Horn is the owner of the consultancy Horn Communications & Research Services, which provides public relations, content writing, and investigative research work products to a wide range of nonprofit and for-profit clients across the world. He is an investigative reporter on the climate beat for over a decade and former Research Fellow for DeSmog.

Related Posts

on

Victoria Hewson called the 2050 ambition a โ€œhuge own goalโ€ while working for a Tufton Street think tank.

Victoria Hewson called the 2050 ambition a โ€œhuge own goalโ€ while working for a Tufton Street think tank.
on

Ahead of a city council vote, Resource Works launched an influence campaign with stock submissions for restaurant owners, hospitality workers, and residents.

Ahead of a city council vote, Resource Works launched an influence campaign with stock submissions for restaurant owners, hospitality workers, and residents.
on

Ahead of the November 29 election, dairy producers tell Irish government to step off the โ€œtreadmillโ€ of unsustainable milk production โ€“ and share a more holistic vision.

Ahead of the November 29 election, dairy producers tell Irish government to step off the โ€œtreadmillโ€ of unsustainable milk production โ€“ and share a more holistic vision.
on

The head of the CO2 Coalition tells DeSmog that Wright agrees carbon dioxide is โ€œnot the demon molecule, itโ€™s the miracle molecule.โ€

The head of the CO2 Coalition tells DeSmog that Wright agrees carbon dioxide is โ€œnot the demon molecule, itโ€™s the miracle molecule.โ€