DALLAS - The morning after voters in Denton, Texas, approved restrictions on drilling operations in the city, the Texas Oil and Gas Association went to court to seek an injunction against the measure.
TXOGA, which represents 5,000 oil and gas companies, seeks a declaration from the court that the ordinance is invalid and unenforceable.
The ballot measure, overwhelmingly approved by Denton voters, "exceeds the limited authority of home-rule cities and represents an impermissible intrusion on the exclusive powers granted" to the state, according to the motion filed in state district court.
Drilling for oil and gas in Texas is regulated by the Texas Railroad Commission, which applies few restrictions on hydraulic fracturing of shale formations such as the Barnett Shale in North Texas. The "fracking" operations have brought industrial-scale drilling operations to urban neighborhoods, where oil and gas operators own the mineral rights beneath subdivisions.
"TXOGA believes that the courts of this state should give a prompt and authoritative answer on whether Denton voters had this authority under state law to enact a total ban on hydraulic fracturing with the city limits," according to a prepared statement from Phillips Petroleum.
Promoters of the fracking restrictions in Denton said they expected a court fight if the ballot measure passed and believe they can win. The industry is expected to seek legislation in the 2015 session of the Texas Legislature outlawing local restrictions on fracking.
