Why Denton’s fracking ban is not a Taking and not Illegal

Despite the really crazy rhetoric coming from industry, based on established Texas law and federal law, the Denton fracking ban is not illegal and is not a taking.

Earthworks commissioned a legal opinion from Jordan Yeager the attorney who successfully defended Pennsylvania’s cities’ right to regulate fracking. You can read that legal opinion below.

My comments at the public hearing summarized that opinion. Here is an excerpt:

In order to show that this ordinance is a taking under Texas law and federal law, the proponents of this industrial activity would have to show either:

  1. That the regulation eliminates all economically beneficial or productive use of the property,
  2. or that the regulation creates a taking under factors established by the U.S. Supreme Court that balance private economic interests with the community’s right to protect the public

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