State tryn’ to regulate fracking OUT of local city control #CommerciallyReasonable

Chip Northup, a former industry guy, had a response to the “commercially reasonable” drilling setback distances being discussed in Austin recently as our GOP trys to undo the Denton fracking ban….(I boldfaced for emphasis)

“The sponsors think that Dallas’s 1,500 foot setback is “too long” – when the average length of a lateral in the Barnett Shale is a mile, 5,280 feet. And the average spacing unit is a section, 640 acres. 
If the well pad is in the middle of the spacing unit, the lateral would be 2,640 feet long. So the empirical standard for a “commercially reasonable” setback from the spacing unit boundary is a lot more than 1,500 feet.” 

end Northrup comment…read full letter below.

Texas DON’T DO IT ! I said to CBS DFW 11 shot 2015-03-24 at 7.49.45 AM

kim austin state capital

I traveled with Dentonites to Austin to help support them to defend their fracking ban. We all need to stop our lives and join this battle!

Adam Briggle, one of the leaders in the Denton resistance, wrote……

“Initially, I thought I got three minutes for each bill (in Austin)….but now we are told it is three minutes total. Anyway, here were my planned remarks for HB 539…will need to cut them now:
I am speaking as Vice President of the Denton Drilling Awareness Group, a non-profit organization that educates citizens and promotes their health, safety, and welfare when it comes to urban shale gas development.

I am opposed to HB 539, which sacrifices sound policy for political overreach.

For roughly a century now, Texas has been a leader in oil and gas production. That success has occurred in a context of strong and varied local regulations. Since at least the 1930s, Texas courts have been upholding the oil and gas ordinances of Texas cities as expressions of reasonable local needs for protections from hazards and nuisances.

In short, the much vaunted Texas miracle occurred in the context of a tradition of robust local control. Tell me, what is the problem here that is in need of fixing?! Why suddenly this sense that cities – which cover less than 7% of the state – are slowing us down?!

Mr. King is fond of saying that “Local control and limited government must be the first resort not the last.” Local communities know what suits them best. As Governor Greg Abbott said, we should resist “one-size-fits-all, cookie cutter solutions” pushed down from central government.

Yet HB 539 is a ticket to cookie cutter solutions, ending generations of local control, because no city would risk incurring the costs ginned up in Austin. The only thing left will be the one-size-fits-all rules of state government.

HB 539 only prescribes a cost assessment not a cost/benefit assessment. But of course, regulations also save us money and protect the very goods for which we seek money – values like health and quality of life. If regulations were all cost and no benefit, then we might as well eliminate the Railroad Commission – given how much more territory they govern, they would surely be costing us orders of magnitude more than cities.

On a true cost and benefit calculation, the state would owe cities money for the economic benefits of local regulations. Cities save the state from the need to administer surface impact rules that protect our families and property values. City rules foster orderly and sustainable development that in turn helps drive the state economy forward.

Now, I understand that local control needs to be balanced by the rule of law that protects individual liberties and rights. But rule of law is only as good as the laws that are ruling. With vested rights, non-disclosure of chemicals, non-reporting of emissions, the dominance of the mineral estate, and lax enforcement, the state does not take the protection of people as its top priority. This is why city regulations are so vital. We need laws that shelter local control, not ones that undermine it through arbitrary and counterproductive fiscal chicanery.”

As usual I post my letters-here is my letter to our Arlington City Council…

—– Forwarded Message —–
From: kim feil <>
To: Jim Parajon <>
Cc: Robert Cluck <>; Robert Rivera <>; Robert Shepard <>; Lana Wolff <>; Kathryn Wilemon <>; Sheri Capehart <>; Jimmy Bennett <>; Michael Glaspie <>; Charlie Parker <>; Cynthia Simmons <>; Trey Yelverton <>; Don Crowson <>; Susan Schrock <>; Bridgett White <>; Tony Rutigliano <>; Brett Shipp <>; Collin Gregory <>; “” <>; Cindy Powell <>; Stuart Young <>; Roger Venables <>; Jay W. White <>
Sent: Wednesday, March 25, 2015 12:50 PM
Subject: Chip Northrup response to Texas HB 40 “Commercially Reasonable” Test Fail
I’d like to thank Jim Parajon for representing the City of Arlington in Austin. Now we must put pressure on the Fort Worth officials that have been asked to write an ordinance update rewrite a drilling bill. In addressing setbacks, originally the landmen came in and told you and the citizens of Arlington that “we turn the drilling sideways and so we can go out a mile and get your minerals-you won’t even see us”, but next thing you know we have those two (Enervest & Chesapeake) drill sites back to back at Cooper St and California Ln…and then two more back to back at our Southwest Arlington Nature Preserve,  (Also almost ten padsites on the Ft Worth side of Lake Arlington-our drinking water reservoir-yes they spilled in it ONE time that I know of).
In one of your day session meetings there was discussion that the different drilling companies were supposed to work together so that we didn’t have padsites so close together…but it was your fault dear council people for not denying these. You had the right to make the different operators work together. Everyone’s greed has an ugly head to look at now.
Please contact Jungus Jordan, Danny Scarth, and city attorney, Sarah Fullenwider and tell them that a lot more than a 1,500 foot setbacks is economically feasible (commercially feasible) based on this email below….. 
Thank you
Kim Feil
PS Here is my interview on Channel 11‘s coverage of the Mansfield meeting as an FYI.
  “There was an emission event off that site and my windows and doors were closed and the odor came in my home, so I don’t think within a half mile is far enough,” she said.
—– Forwarded Message —–
From: Chip Northrup <>
Sent: Wednesday, March 25, 2015 9:31 AM
Subject: Texas HB 40 “Commercially Reasonable” Test Fail
I think the oil and gas attorneys that drafted Texas HB 40 overlooked a few things. The bill imposes a “commercially reasonable” test on any municipal oil and gas ordinance – such as a setback.  
The sponsors think that Dallas’s 1,500 foot setback is “too long” – when the average length of a lateral in the Barnett Shale is a mile, 5,280 feet. And the average spacing unit is a section, 640 acres. 
If the well pad is in the middle of the spacing unit, the lateral would be 2,640 feet long. So the empirical standard for a “commercially reasonable” setback from the spacing unit boundary is a lot more than 1,500 feet. 
A lateral of less than 2,640 feet in the Barnett would probably be uneconomic – not “commercially reasonable.” Maybe Dallas should increase its setback to make it more “commercially plausible” to conform with the average spacing unit setback. 
My take on the bill in general :
Kindly pass this along to the lawyer types.

end Northrup statement

Begin pics showing Arlington’s greed in not making the individual drilling operators work together to develop minerals and space these padsites a mile away from each other…they bragged they could go out a mile….

Screen shot 2015-03-25 at 12.25.09 PM Screen shot 2015-03-25 at 12.27.03 PM Screen shot 2015-03-25 at 11.57.42 AM

FRACK FACT….in Arlington our storage tanks can be as close as ONE HUNDRED FEET from Arlington citizens. What a nightmare!

Screen shot 2015-03-27 at 1.06.38 PM             Lake Arlington Baptist Church drill site

About Kim Triolo Feil

Since TX Statute 253.005 forbids drilling in heavily settled municipalities, I unsuccessfully ran for City Council Seat to try to enforce this. Since Urban Drilling, our drinking water has almost tripled for TTHM's. Before moving to Arlington in 1990, I lived in Norco’s “cancer alley”, a refinery town. It was only after Urban Drilling in Arlington did I start having health effects. After our drill site was established closest to my home, the chronic nosebleeds started. I know there are more canaries here in Arlington having reactions to our industrialized airshed (we have 55-60 padsites of gas wells). Come forward and report to me those having health issues especially if you live to the north/northwest of a drill site so I can map your health effects on this blog. My youtube account is KimFeilGood. FAIR USE NOTICE: THIS SITE MAY CONTAIN COPYRIGHTED MATERIAL THE USE OF WHICH HAS NOT ALWAYS BEEN SPECIFICALLY AUTHORIZED BY THE COPYRIGHT OWNER. MATERIAL FROM DIVERSE AND SOMETIMES TEMPORARY SOURCES IS BEING MADE AVAILABLE IN A PERMANENT UNIFIED MANNER, AS PART OF AN EFFORT TO ADVANCE UNDERSTANDING OF THE SOCIAL JUSTICE ISSUES ASSOCIATED WITH EMINENT DOMAIN AND THE PRIVATIZATION OF PUBLIC INFRASTRUCTURE (AMONG OTHER THINGS). IT IS BELIEVED THAT THIS IS A 'FAIR USE' OF THE INFORMATION AS ALLOWED UNDER SECTION 107 OF THE US COPYRIGHT LAW. IN ACCORDANCE WITH TITLE 17 USC SECTION 107, THE SITE IS MAINTAINED WITHOUT PROFIT FOR THOSE WHO ACCESS IT FOR RESEARCH AND EDUCATIONAL PURPOSES. FOR MORE INFORMATION, SEE: HTTP://WWW.LAW.CORNELL.EDU/ TO USE MATERIAL REPRODUCED ON THIS SITE FOR PURPOSES THAT GO BEYOND 'FAIR USE', PERMISSION IS REQUIRED FROM THE COPYRIGHT OWNER INDICATED WITH A NAME AND INTERNET LINK AT THE END OF EACH ITEM. (NOTE: THE TEXT OF THIS NOTICE WAS ALSO LIFTED FROM CORRIDORNEWS.BLOGSPOT.COM)
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1 Response to State tryn’ to regulate fracking OUT of local city control #CommerciallyReasonable

  1. Tim Campbell says:

    Texas is good for business,
    but bad for people.

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