New Texas Law Bans Localities From Banning Fracking, Drilling

[Webster]

KXAN - Austin: New Texas law bans cities from banning fracking, drilling

AUSTIN (AP) — Republican Texas Gov. Greg Abbott has signed into law a prohibition on cities and towns imposing local ordinances preventing fracking and other potentially environmentally harmful oil and natural gas activities. The much-watched measure sailed through the GOP-controlled Legislature after voters in Denton, a university town near Dallas, banned hydraulic fracturing locally in November.

The new law limits not only the Denton ban but other actions communities could take limiting energy industry activities. It was backed by oil and gas concerns.

Abbott said Monday he was protecting private property rights from the “heavy hand of local regulation.” He saw no contradiction in new state regulations superseding local voters’ will, saying he believes “individuals have a much better idea how to run their own lives than do a bunch of government officials.”

So, is this a good law? Should states ban localities from passing anti-fracking laws (or other similar kinds of laws) or is this an example of state pre-emption gone wild?

 

[WHO IS SERAFIN]

Good!

 

[Webster]

Good!

How so, if I may ask?

 

[WHO IS SERAFIN]

How so, if I may ask?

I think people should be able to do as they wish on there land if they see fit to drill for energy.

 

[Webster]

I think people should be able to do as they wish on there land if they see fit to drill for energy.

On that point I agree, but I still wonder if state pre-emption laws such as this are an answer to local ordinances such as Denton's or are these laws a way for states to ram through policies that local municipalities might not agree with...

 

[WHO IS SERAFIN]

On that point I agree, but I still wonder if state pre-emption laws such as this are an answer to local ordinances such as Denton's or are these laws a way for states to ram through policies that local municipalities might not agree with...

Could be or might even happen. But in Florida certain cities were all trying to pass different kinds of gun laws years ago. So a person might never know if they were legal or not. So Florida passed a law saying no city could make a gun law that preempts the state. So as long as the state is following the constitution I do not see a problem with it. And I would say land ownership to be able to use those resources would be in that category.

 

[Webster]

So as long as the state is following the constitution I do not see a problem with it. And I would say land ownership to be able to use those resources would be in that category.

That makes sense; I think my problem w/the question was it comes from that it just seems underhanded for the state government to come in and pass a law undercutting a local municipality's ordnance.