Local fracking bans are banned under a new Texas law
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Texas Gov. Greg Abbott signed legislation Monday to prevent local communities from banning fracking, a process used to extract gas from shale.
Abbott said the measure protects private property rights and regulatory burdens on property owners, report the Houston Chronicle, the Wall Street Journal (sub. req.), the Texas Tribune and the Dallas Morning News. Critics, on the other hand, say the bill takes power away from local governments and their ability to protect residents’ quality of life, health and safety.
The bill is a response to voters in the North Texas town of Denton who approved a fracking ban in November.
The law still allows municipalities to regulate above-ground drilling activities that are commercially reasonable. An example would be regulations for drilling setbacks. Local laws can’t effectively ban the drilling, however, and can’t be pre-empted by another state or federal law.
See also:
ABA Journal: “Towns across the country are blocking energy companies from fracking”
