Texas pass ban on hydraulic fracking bans

The U.S. State of Texas has passed a bill through Texas Senate that limits the ability of municipal powers to place bans on fracking related operations.

In other words, the Texas Senate has passed a ban on fracking bans.

Texas Senate Chambers (image source: eaglefordtexas.com)
Texas Senate Chambers (image source: eaglefordtexas.com)

As reported by EaglefordTexas.com:

The Senate voted 24-7 for House Bill 40 — also known as the Denton fracking bill. It reasserts state control over drilling while spelling out some limited powers that cities have in regulating surface operations. The bill will now go to Gov. Greg Abbott’s desk for his signature. The push for the bill came after Denton residents approved a ban on hydraulic fracturing in November.

Lawmakers have said that the bill is necessary to clarify state and local regulations and prevent a statewide patchwork of unreasonable ordinances that would threaten oil and gas production. The fight over who controls urban drilling began after Denton residents approved a ban, not on all drilling but simply on hydraulic fracturing. A grassroots group felt that the city and the Texas Railroad Commission, which regulates the industry, were not doing enough to protect them.

To read the article in full, click here.

Texas: $3 million fracking lawsuit upheld

Previously, we had reported upon the landmark 2014 fracking lawsuit in Texas, whereby the Parr family were awarded $3 million damages against Aruba Energy, for environmental pollution of the air, water and soils from Unconventional Gas Exploration and Extraction activities (UGEE) that proved to have detrimental impacts on the quality of the family’s health.

Parr

Since then, Aruba Energy appealed the decision. The appeal was rejected on June 19th 2014 by Judge Mark Greenberg, thereby upholding the law in favour of the Parr family.

In the original lawsuit filed, the Parr family had complained of nuisance problems that were caused by unconventional shale gas extraction operations including but not limited to: open sores around he eyes, nose and rest of body, permanent scarring, chronic nose bleeds, migranes, drowsiness, irregular heart beat, depression, ataxia, abdominal pains, arrhythmia, and anisocoria.

The Parr family is not the first family to bring an energy company to court over damages caused by unconventional shale gas extraction, however they are the first family to succeed in acquiring damages from an energy company in front of a court of law.

Landmark $3million fracking law suit, Texas

A family from Wise county, Texas, were awarded $3 million in their legal battle against Aruba Energy for environmental pollution of the air, water and soils from Unconventional Gas Exploration and Extraction activities (UGEE) that proved to have detrimental impacts on the quality of the family’s health.

Mason and cattle rancher by trade, Bob Parr built his home on his 40-acre estate in 2001. In 2007 his then wife to be Lisa Parr moved in with her daughter and the couple married in 2008. Until this point, the family of three experienced no unusual health effects from their local environment.

After 2008 however, significant gas drilling operations took place around Parr’s 40 acre estate. Soon after, the family began experiencing health effects such as rashes, nausea, vomiting, bleeding noses, as well as environmental damage to their estate and livestock.

It was around 2010 when the Parr family seen an environmental health specialist, who found unusually high traces of specific natural gas related chemicals in their systems, including ethylbenzene and m,p-Xylene.

“We can’t drink our well water,” said Parr in 2011. “We can’t breathe the air without getting sick.”
Parr

The Parr’s filed their lawsuit on 17th september 2013. Item 16 states that as a result of UGEE operations the family suffered environmental contamination of air, water and soils as a result of sudden and continual chemical releases, spills, emissions and discharges of hazardous chemicals which lead to ailments including but not limited to unreasonable fear, impairment and exacerbation of physical health, nausea, loss of peace of mind, damage to livestock, and inability to enjoy their own environment.

Item 18 states that the environmental pollution facilitated by Aruba was as a result of operations related to UGEE including, but not limited to: Vehicles and engines, construction and trucking activity, pits, condensate tanks, dehydrators, flaring, venting, fugitive emissions and the hydraulic fracturing process, also known as fracking.

In the law suit, Item 21 states that the Parr family were under constant environmental abuse by Aruba and its discharge of chemicals, before Item 21 lists experienced health effects in more detail, including but not limited to: open sores around he eyes, nose and rest of body, permanent scarring, chronic nose bleeds, migranes, drowsiness, irregular heart beat, depression, ataxia, abdominal pains, arrhythmia, and anisocoria

Items 29-34 state clearly that Aruba Energy had performed their duties with negligence, which lead to the fact that the Parr family were able to come into contact with the hazardous chemicals.

Item 41 holds Aruba negligent towards the Parr family, before accusing Aruba in Item 44 of recklessness, oppression, fraud, malice and wilfulness to pollute the land with hazardous chemicals. Item 29 to 75 state that the Parr family had suffered gross negligence, negligence, private nuisance and trespass to property. You can read the full legal document here.

After winning their case in court after a three year legal battle, the Parr family attributed some of their success to the fact that they documented their ordeal on a daily basis, documentation that supported their case in front of a jury. The Parr family expect Aruba to appeal the decision.