Denton fracking ban already facing legal pushback

The lawn signs in Denton are now literal signs of the times. Fifty-nine percent of voters here did indeed vote "for" an all-out hydraulic fracturing, or "fracking," ban in city limits, making Texas history.

"We were overjoyed, absolutely overjoyed, hugging, high-fiving," says anti-fracking activist Maile Bush of her reaction to the ban passing Tuesday.

But Bush's joy was tempered just a bit by news Wednesday that two lawsuits had already been filed against the city. One was from the State Land Commissioner. The other from the Texas Oil and Gas Association, calling the ban unconstitutional.

The lawsuit asks a judge to stop the ban from taking effect because the ban preempts state law.

"We don't believe that any city has the power to say, 'Well, that's all well and good, but you can't carry out the state policy in my backyard,'" explains Tom Phillips, attorney for TXOGA.

"We have not been officially served yet with those lawsuits," Denton Mayor Chris Watts said Wednesday afternoon, though he knew of the lawsuits. Watts says the city is fully prepared to fight them. The city of Denton has millions of dollars set aside for legal scenarios like these.

"[The public] voted to ban hydraulic fracturing, and now people who don't agree with that have the process as well and are afforded the rights by the laws of our state to challenge that," Watts says.

The mayor says there are more than 200 oil well sites in Denton, but not all of them are involved in fracking.

For people who were in support of the fracking ban, they say fracking sites in Denton that are set up just yards away from where people live are part of the problem.

"Fracking 200 feet from homes is just absolutely unreasonable," Maile Bush says.

And unless legal issues get in the way, come Dec. 2, it'll be unlawful too.