The legal challenges to Denton's first-of-its-kind fracking ban started just hours after the ban was overwhelmingly approved by voters.
The Texas Oil & Gas Association and the Texas Land Commissioner filed separate injunctions against the city on Wednesday morning to stop the ban from going into effect.
Denton became the first city in Texas to ban the controversial practice of fracking for oil and gas on Tuesday night, with the final margin at 59% to 41%.
"I've seen the power of a grassroots movement. I've seen the power of talking to my neighbors. I've seen the power of working together on a local level and really taking charge. This is a mandate from the people of Denton," said Tara Linn Hunter, who supports the ban and was among a group of supporters who watched returns at Dan's Silver Leaf on Tuesday.
The Oil & Gas Association said in a release Wednesday it believes the ban is “inconsistent with state law and therefore violates the Texas Constitution.” The association believes cities cannot enact ordinances like the fracking ban since the procedure has been approved by the Railroad Commission of Texas.
Land Commissioner Jerry Patterson filed suit in Travis County and seeks a permanent injunction against the ban.
"If it were allowed to be enforced it would hurt the schoolchildren of Texas, who earn hundreds of millions of dollars a year on oil and gas production on Permanent School Fund lands," Patterson said in a statement. He claims the ban is unconstitutional because it prohibits him from carrying out his duties as land commissioner.
Denton's mayor Chris Watts said the city would defend the ban against expected court challenges.
"As I have stated numerous times, the democratic process is alive and well in Denton," said Watts in a statement. "Hydraulic fracturing, as determined by our citizens, will be prohibited in the Denton city limits. The City Council is committed to defending the ordinance and will exercise the legal remedies that are available to us should the ordinance be challenged."
Oil and gas companies poured money into the race to fund an anti-fracking ban campaign. Opponents believed more than $700,000 was spent by the anti-ban group.
But Frack Free Denton president Cathy McMullen said her group thinks the ban will withstand a court challenge.
"We know the oil and gas industry is going to sue to try to overturn the fracking ban," McMullen said in a statement. "But we lawyered this ban every which way before launching this effort. And we consulted legal precedents for Texas home rule cities like Denton. And we're confident it will stand up."
