Do Fracking Bans Trigger Civil Authority Coverage?

Law360, New York ( December 9, 2014, 11:03 AM EST) -- On Dec. 2, Denton's controversial ban on hydraulic fracturing became effective, making it the first city in Texas to prohibit fracking within city limits. For landowners and energy companies, the ordinance has the potential to jeopardize significant production and revenues from the gas-rich Barnett Shale, which overlaps Denton's borders. Denton is home to more than 270 gas wells. Already, two lawsuits have been filed — one by the Texas General Land Office and the other by the Texas Oil & Gas Association — both challenging the constitutionality of the initiative and its impairment of valuable mineral and royalty interests.[1] Beyond Denton, voters in Ohio and California approved similar local measures banning fracking and other energy extraction techniques.[2] In California, San Benito County's "Measure J" has been challenged with a lawsuit seeking over a billion dollars in damages....

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