While the country has been enjoying a surge in domestic energy production due to hydraulic fracturing, it has led to more development of wells close to homes and, in some cases, within city limits. Some cities are pushing back. Residents of the city of Denton, Texas, in November 2014 passed a ballot to ban hydraulic fracturing—often called fracking—within city limits, making it the first major Texas city to do so and igniting a public policy debate. In Texas, state law gives the railroad commission authority and jurisdiction over oil and gas wells. State law, however, also gives local governments the power to impose reasonable health and safety regulations—a specific concern cited in the ballot initiative language for the ban.
State verses local control is not a new issue, but it is an important one for the nation’s top oil and gas producer and is likely to be settled by the courts or the state legislature.