The following can be attributed to Todd Staples, president of the Texas Oil & Gas Association (TXOGA).

On Monday, June 15th, the Texas Oil & Gas Association (TXOGA) amended its lawsuit, which challenged the City of Denton’s hydraulic fracturing ban, to assert that the hydraulic fracturing ban and drilling moratorium are each preempted by House Bill 40, recently signed into law by Governor Greg Abbott.  TXOGA filed a motion for summary judgment on the grounds that both ordinances are expressly pre-empted under House Bill 40.    

House Bill 40 affirms the State’s exclusive regulatory authority over oil and natural gas operations and affirms that municipalities may not ban oil and natural gas operations such as Denton has done with both ordinances.

TXOGA believes that even before House Bill 40 was conceived, it was unlawful to deny mineral interest owners the right to develop and gain access to their property rights.  The Denton hydraulic fracturing ban and drilling moratorium are unlawfully denying the property rights of the families, businesses and individuals who own minerals in Denton. We are hopeful that the district court can quickly enter a final judgment that the hydraulic fracturing ban and drilling moratorium are pre-empted by House Bill 40, and are void and unenforceable under Texas law.

We look forward to continuing to work with the City of Denton to bring this matter to a quick conclusion.