In this Law360 article, energy attorneys discuss the cases they will be watching closely in 2015. Kenneth Klemm comments on a Texas city's anti-fracking law challenges. Denton, Texas, made waves in November when voters made it the first city in the Lone Star State to approve a ban on fracking within city limits. That immediately prompted suits from the Texas Oil & Gas Association and the state's General Land Office, claiming the ban was preempted by state law in the form of drilling regulations promulgated by the state Railroad Commission and environmental regulations promulgated by the Texas Council on Environmental Quality.
"The Railroad Commission has fairly broad powers, it'll be interesting to see if the Texas courts are receptive to the local authority to pass referendums that impinge on the state authority," said Mr. Klemm.
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