Editorial: In Denton’s drilling backlash, there is much to lament

When the oil and gas industry pushes too far into people’s lives and too close to their homes, everyone gets singed.

On Tuesday, Denton residents overwhelmingly voted to ban hydraulic fracturing within their city’s limits, the first Texas city to do so. Within 24 hours, the Texas General Land Office and the Texas Oil and Gas Association sued, alleging that the ban violates the Texas Constitution and the rights of mineral owners to profit from drilling on their property.

This legal battle, which has national implications, could have been avoided had not hubris from all sides derailed a compromise to allow fracking under certain conditions.

That is unfortunate. Denton is in the natural-gas-rich Barnett Shale, the birthplace of fracking, and is no stranger to oil and gas exploration. Denton briefly enacted rules restricting drilling within 1,200 feet of homes, until a driller argued successfully in court that the restriction did not apply to existing wells. The industry took that as a green light.

Soon afterward, an oil and gas company began fracking older wells in the middle of a new housing development. The industry underestimated the will of the people to fight for their quality of life.

Residents complained of respiratory problems from fumes, noise from heavy equipment and other disruptions to daily routines. They gave the City Council a choice: ban fracking in the city or put it to voters. In July, the council voted 5-2 for a referendum, setting the stage for Tuesday’s historic vote.

All sides should have negotiated, working to find places where fracking could be done without disrupting residents. Rather than enacting an outright ban, city officials could have done a better job of establishing setback requirements to protect neighborhoods.

That’s not to say, however, that such decisions should be taken out of cities’ hands. We urge the state Legislature to resist meddling or using this ban as an excuse to restrict the power of cities to protect residents.

Cities must find the right balance between the contribution that natural gas makes to Texas and to the nation’s energy future measured against the rights of homeowners to not wake up to the sounds and smells of fracturing.

Still, in Denton, there is much to lament.

Beyond facing costly litigation, the city is now forgoing oil and gas royalty payments and tax revenue from drilling that indirectly benefit Denton’s school district, the University of North Texas and many city jobs and services. Courts also could require the city to compensate mineral rights owners for lost royalties if those owners successfully sue under the federal constitutional “takings” provision.

This newspaper is grateful Dallas reached a more negotiated solution as it faced this question years ago. The city had its own considerable problems as the debate ensued, but eventually the City Council passed a comprehensive plan that put boundaries around drilling within city limits without banning it. That’s the right way to go.