From "The Guardian" -- this is sort of, "be careful what you wish for, or support, it might just come true" -- please follow link to original
The corner of Goldenrod and Western streets, with its grid of
modest homes, could be almost any suburb that went up in a hurry –
except of course for the giant screeching
oil rig tearing up the earth and making the pavement shudder underfoot.
Fracking,
the technology that opened up America's vast deposits of unconventional
oil and gas, has moved beyond remote locations and landed at the front
door, with oil operations now planned or under way in suburbs, mid-sized
towns and large metropolitan areas.
Some cities have moved to
limit fracking or ban it outright – even in the heart of oil and gas
country. Tulsa, Oklahoma, which once billed itself as the oil capital of
the world, banned fracking inside city limits. The authorities in
Dallas last week blocked what would have been the first natural gas well
in town. The town of Longmont, just outside Denver, meanwhile, is
fighting off attempts by industry groups to overturn a fracking ban.
But Gardendale, a suburb of 1,500 people near the hub of the west
Texas
oil industry, exists in a legal and political environment in which
there are seemingly few restrictions on fracking, even inside city
limits. For residents here, fracking is part of daily life.
"You
can hear it, you can smell it, and you are always breathing it. It's
just like being behind a car exhaust," said Debbie Leverett, during a
tour of the area last October organised by the Society of Environmental
Journalists. "All of your senses change."
Over the last few years
oil companies have drilled 51 wells in Gardendale, an area that covers
about 11 square miles – and that's just the start.
Berry
Petroleum, the main oil developer, plans to drill as many as 300 wells
in Gardendale. "Berry's current plan is to drill approximately 140 wells
on 40-acre spacing in and around the Gardendale area," Jeff Coyle, a
company spokesman, wrote in an email. "Additionally, we are preparing to
conduct a pilot study on 20-acre spacing and, if those test results are
encouraging and economic conditions warrant, we may drill up to 160
additional wells."
Some of those wells will be drilled within 150ft of residents' front doors – far closer than in other towns in Texas.
In
the nearby city of Midland, the oil industry hub and childhood home of
George W Bush, the city council capped the number of wells inside city
limits at 30. The town requires oil companies to stay 500ft away from
buildings and homes. In some circumstances oil companies may be required
to landscape around a well.
"People are still not really happy
when an oil well turns up in the backyard," said Wes Perry, Midland's
mayor and an oil man himself. But he added: "We are an oil town. We
can't be hypocrites."
However, Gardendale lacks the legal
authority to keep fracking at a distance. The suburb, just outside
Midland and Odessa, is unincorporated, so it does not have the legal
authority to impose zoning restrictions. Residents voted down an attempt
to incorporate last year, fearing it would lead to higher taxes.
Berry
argues the close proximity serves to encourage industry and residents
to co-exist. "What we have here is a situation where we have to find the
best way to work together, where mineral rights owners and surface
rights owners can co-exist," Coyle said.
But co-existence does not
work for Shane Leverett, Debbie's husband. Leverett has worked in the
oil industry, but he said the drilling plan for Gardendale was
excessive. "This is a fantastic opportunity for oil and gas development,
but it is coming at the expense of all of us," he said.
The
couple are suing the oil company to try to block drilling on their 130
acres on the edge of town. The land is staked with bright plastic strips
marking potential oil wells.
Current plans call for seven wells
on the property. "They're talking about a well every 600 feet and a pad
every 300 feet," Shane Leverett said. "Do the math. There's not much
room left over for us."
The suit seeks to challenge a pillar of
Texas law: that property owners have no control over the extraction of
the oil that lies beneath their land, unless they also own mineral
rights. The Leveretts only own the surface rights to their land. The
mineral rights were sold off decades ago – a fact the Leveretts were
aware of when they bought their property, but they did not think there
was a real prospect of drilling at the time.
Fracking changed that, however, making it profitable to drill on the Leveretts' land.
"This
case is of historic importance," said Steve Hershberger, the Leveretts'
lawyer. "Now that the oil companies have found oil and gas through
fracking and horizontal drilling they are going into residential areas
and urban areas. This case is going to define the relationship between
mineral owners and surface owners in a big way."
The oil company
argues the Leveretts got what they paid for. "Essentially, each
Gardendale surface owner bought his or her surface property (at a
discounted price without the minerals) betting, wrongfully as it turned
out, on the proposition that oil and gas development would not occur in
the area," Coyle said.
Other residents complain the oil company
dictates what property owners can do above ground, even without
definitive drilling plans.
Hector Rodriguez said he was barred
from expanding his trailer home or putting in a bigger dog house on his
six acres because the oil company insisted on protecting access.
"They
told me they might not ever drill there, but they put the stake there
just in case," he said. "They told me I could not do anything there. I
have no rights."
Coyle said the company believes the Rodriguez
property sits atop a potential oil well – although it is not currently
scheduled for drilling.
Rodriguez, back at home, is unimpressed.
"We're just talking about a dog house," he said. "I should be able to
decide about that."
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I guess Gardendale is a "libertarians paradise". Also, why not send all the rest of the, "I oppose any, and ALL, regulation." bunch there for about six months?