HB40 Darby says NO to local subsurface control: “Simply by saying ‘health&safety’, they could regulate indirectly what they cannot regulate directly”

Update November 20 2015, in looking at a 2011 NCTCOG document, the word “reasonable” came up with respect to drilling setbacks in urban areas….and “as allowed by law”…thinking that was Home Rule law?

Screen shot 2015-11-19 at 12.06.18 PMScreen shot 2015-11-19 at 12.11.19 PMScreen shot 2015-11-19 at 12.03.39 PM

Seeing that the UNreasonableness of Dallas’ setback as a defacto fracking ban was made illegal by HB40…I ask …WHAT LAW DICTATES THE SETBACK OF DRILLING IN URBAN AREAS? Surely not 253.005 c) that says you cannot drill in a densely settled part of the municipality?

END update—–

 

Update May 2015 …Our new Governor wheeled his way into HB40 approval just after his failed (300-400 graduates out of 4,000 attended #studentboycottOWNgraduation) commencement ceremony as guest speaker at UNT.

Update 4/20/2015 House granted HB40 final passage, 125-20; so the Texas RRC, not cities, now have the right to regulate our subsurface…but think about it…in Texas subsurface rights trump surface rights (which must change just like the need for slavery to be outlawed) and in the below video during the amendments deliberation…Darby, the author of the House Bill 40, said that you cannot say that you need subsurface local control for health and safety purposes because you would be trying to control that which you should not have control over. So in Darby’s world and all the yaywhos who voted for it….STATE SUBSURFACE CONTROL TRUMPS LOCAL HEALTH & SAFETY. 

Here is my video response to today’s HB40 passage.

Update 4/19/2015


REGARDING SETBACK DISTANCES FROM OTHER PADSITES…..IF Chesapeake’s laterals average 5,500 feet, then why the frack do we have padsites closer than that in Arlington?… Read on from a retired industry rep on this very issue of well spacing.


On April 17, 2015, the house vote in Austin on HB40 (to strip local control of drilling from towns to prevent any fracking bans) passed 122 to 18. There were no concessions on any amendments such as allowing sets backs just for schools, daycares or parks, or to allow deputizing extra help for the RRC on inspections, or to have the authority to shut down production during bad weather events… Even though many cited the recent Arlington frack spill and evacuation…it passed. The author, Drew Darby, poses with these Republican gals in this picture and I’m embarrassed to be of the same sex of these women…I’m embarrassed to be  of the same species of these humans that make inhumane decisions….gaze upon the devil’s work…..

After I *emailed our AISD school board leaders and asked them to fight to prevent the drillers from coming back and finishing the buildout of these gaswell padsites near our schools, I forgot to attach this email from Chip Northrup, a retired fossil fuel industry guy who has a conscience.

Advertisements

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)
This entry was posted in Uncategorized and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s