Detelich: A Primer on the Denton Fracking Ban Vote

By Madeline Detelich

Residents in Denton, a town situated on top of the lucrative geological formation known as the Barnett Shale, will decide on Tuesday whether to ban new fracking within their city. The ban would be the first of its kind in Texas and a big challenge to the status quo in a state where oil and gas are still king. Many eyes are on Denton this week in anticipation of the outcome of this exciting election.

[The opinions expressed in this article are the author's own.]

One group supporting the ban is the Denton Drilling Awareness Group (DAG). Earlier in the year, DAG collected enough signatures on a petition to bring the ordinance to a vote. The ordinance only applies to hydraulic fracturing and to no other drilling method.

Since getting the ordinance on the ballot, DAG has been engaged in an extensive grassroots campaign to pass the ban. The group raised $21,000 from Denton donors, distributed roughly 1,300 yard signs, and hosted many community events; their presence in the community is obvious.

The group’s slogan, “Our air and water, Our health and safety, Our Denton!” has wide appeal crossing the political spectrum. Support for the ban comes from a variety of people – Democrats, Republicans, and even self-described “drill-baby-drill” types.Whatever their feelings on fossil fuels, supporters of the ban share the common desire to get fracking out of their backyards.

Denton City Council member Kevin Roden voiced his belief in an interview with DeSmogBlog.com that the proximity between fracking operations and neighborhoods is the biggest concern among Denton citizens and the main reason people are supporting the ban. Denton is home to more than 270 wells – some located as close as 1,200 feet from homes. The city has attempted to address this concern with various restrictions and zoning rules, but residents believe that the industry has managed to get around these every time. The ban is seen as the only way to effectively address the dangerous contiguity of fracking and associated activities to the residents.

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Opponents of the ban focus solely on the financial upsets that such a ban might cause. The group campaigning against the ban is called Denton Taxpayers for a Strong Economy and is led by Randy Sorrells and Bobby Jones, two Denton residents who own local mineral rights.

While they both claim to support responsible regulations on drilling, they do not elaborate further on what that really means. Instead, the organization’s strategy has been to emphasize that the ban will cost schools millions, taxpayers millions, and city and state governments millions. They argue that fracking is essential to the local economy because of the much-needed jobs it brings, and accordingly, opposing the ban is the responsible choice.

The Denton Record Chronicle Editorial Board implored Denton residents to vote “No” on the ban because of the possibility that the ban will “ultimately result in unfair burdens for local taxpayers, unjust restrictions and penalties for a valued Texas industry and unprecedented risks for the Denton County economy.” They admit that they are “concerned about air quality, noise, and potential water contamination”, but, like Denton Taxpayers, believe that a total ban on new fracking within the city will be detrimental to the city’s coffers.

Denton Taxpayers for a Strong Economy has raised $231,000 to help pay for their “responsible drilling” campaign, but only $750 have come from actual Denton residents. They are evidently interested in seeing that this ban does not pass as many industry executives and mineral rights owners are nervous that Denton, a city at the heart of the birthplace of modern fracking, could be just the beginning in a wave of anti-fracking initiatives.

According to DAG estimates, yard signs for the ban outnumber those against it 5 to 1, and the contributions from local residents to DAG outnumber those to Denton Taxpayers 28 to 1. There has been a large turnout so far at early voting, and more voters are registered than in previous local elections. After standing outside polling stations, a volunteer with Frack Free Denton, Harrison Wicks, believes that more people are voting for the ban.

Many officials, however, believe the ban to be illegal and expect a lawsuit from the state upon passage of the ban. Adam Briggle, vice president of DAG, is hopeful that the wording of the ordinance is just open enough to withstand legal pressure. He also points out that municipalities have done well in court against oil and gas companies when defending regulations because of the principle of Home Rule, which gives some autonomy from the state.

No matter the outcome on Tuesday and despite possible legal challenges, this is a big step for citizen-led movements against unimpeded fracking in a state that has deep, historical ties to the fossil fuel industry. It is precedent-setting and should illuminate the legal and regulatory battle lines on which future efforts to protect Texans from the dangers of fracking will be fought.

An unprecedented number of Denton residents are sending the explicit message that they are tired of giving up control over their health, environment, and general quality of life to the fracking companies. Average citizens are starting to see fracking as a hazard as more people learn about cases like the Parr family’s, a family living 60 miles west of Dallas that suffered various central nervous system issues before finally settling with a fracking company. While the some companies attempt to obscure the effects of hydraulic fracturing by issuing gag orders to victims it settles with in court and lobbying for legislation that makes the disclosure of its chemicals illegalresearchers are steadily illuminating the environmental and health impacts of the practice.

There is mounting evidence across Texas and the United States that fracking and associated operations, as practiced today, are dangerous to the people and environment in their vicinity. While many people see stricter regulations and best practices as a step in the right direction, the progress toward adopting them has been slow and difficult to achieve, especially in Texas. Even if better regulations existed, regulations aren’t always strictly followed, and accidents are bound to happen. People in Denton were made aware of this possibility in April 2013 when a well blowout leaked fracking mud for hours. People who support the ban are making it clear that they don’t want to find out what the next fracking accident in their city will be. They can’t wait for the Texas Legislature to change its pro-drilling anti-regulation prerogative. They are suffering the negative consequences of the fracking boom right now, and this referendum is on the ballot because they don’t want it to get any worse.

Madeline Detelich is a freelance environmental writer in Austin.