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  • City of Burleson Dallas

    Fracking Fight

    Public pleads with city to deny fracking requests

    Claire St. Amant
    Aug 23, 2013 | 8:30 am

    In the latest round of a five-year long game of kick the can, the City of Dallas hosted yet another public hearing August 22 on the possibility of natural gas drilling and hydraulic fracturing. No vote or decision took place; it was merely an open forum for comments.

    This time, the point of contention before the City Plan Commission is the setback distance between proposed drilling sites and homes, schools and parks.

    Originally, the gas drilling task force recommended a 1,500-foot setback, which the city at first seemed reluctant to accept. However, city staff has since embraced that distance, much to the disappointment of Trinity East Energy. The company believes a setback of that size would effectively ruin their drilling prospects.

    "Your agenda isn't setbacks. Your agenda is no drilling," says geologist William Crowder.

    In 2008, Trinity East Energy won the right to purchase city land for the eventual purpose of drilling. The two sides have been embroiled in regulatory battles to determine how, when, and if the company will be able to drill on the land it purchased in L.B. Houston Park. Current city code prohibits drilling on parklands and in the floodplain, both terms that describe the land in question.

    Around 30 speakers spoke in favor of a 1,500-foot setback and in general opposition to gas drilling, citing concerns of health, pollution and traffic . There were familiar faces, such as Zac Trahan from Texas Campaign for the Environment; Jim Schermbeck from Downwinders at Risk; Gary Stuard from Moveon.org; and Molly Rooke from Sierra Club, but several first-timers also emerged.

    In addition to dozens of Dallas residents, opposition came from Carrollton, Garland, Farmers Branch and Fort Worth. "What happens in Dallas, happens in Garland," one woman said before asking the commission to keep the 1,500-foot setback distance in place. Other speakers referenced the documentary Gasland and studies on the correlation to cancer and asthma in patients living near drill sites.

    While more than half of the anti-fracking speakers were women, all of those in favor of drilling and against the 1,500-foot setback were men. About a dozen men spoke on behalf of drilling and most tried to debunk the science cited by their opposition.

    "Ninety-five percent of these comments are based on bad science," geologist William Crowder said. "It's full of lies. Your agenda isn't setbacks. Your agenda is no drilling."

    Crowder went on to address possible legal ramifications of using a 1,500-foot setback. "You have compromised the leases that were purchased," he said. "These leases were not a gift from the city."

    Dallas Cothrum, who is representing Trinity East, used a powerpoint to show the limits of such a large setback. He said the restricted distance would be "larger than the SMU campus and Dallas Arboretum combined." Showing an image of Dallas National Golf Course, Cothrum lamented "you maybe could fit one well on there."

    Trinity East CEO Tom Blanton expressed disbelief to the commission. "I would urge you to look at the facts and not the unfounded fears you’ve heard this evening," he said, adding that there has not been "one justifiable incident of health and safety" at the thousands of wells fracked in the Barnett Shale.

    Another speaker tried to explain the disparity between the two sides. "We don’t have many people out here today because most of them are looking for oil wells so you can put gas in your car and heat in your home," the man said.

    Oil and gas attorney Rhodes Hamilton, a partner at Hamilton & Squibb, was the final speaker of the evening. When asked what brought him to the hearing, Hamilton said "just reading, knowing what's out there." He is not currently representing anyone involved in the case, but his opinion is that a 1,500-foot setback is unfair.

    "There is an in between somewhere," Hamilton said. "I believe the 1,500-foot setback would be regulation by strangulation."

    Trinity East's gas permits are slated to go before the City Council on August 28. Since the City Plan Commission twice denied the permits, the council needs a majority of at least 12 out of 15 members to overturn the commission's decision and grant the permits.

    Speakers grab forms ahead of the August 22 public hearing.

    Speakers gather at a public hearing on fracking in Dallas
    Photo by Claire St. Amant
    Speakers grab forms ahead of the August 22 public hearing.
    unspecified
    news/city-life

    Hemp news

    Texas cannabis businesses sue state to block ban on smokeable hemp

    Associated Press
    Apr 10, 2026 | 9:17 am
    Hemp plant
    Photo by CRYSTALWEED cannabis on Unsplash
    Texas is cracking down on smokeable hemp.

    Texas hemp industry leaders and advocacy groups have sued the state to block new regulations that eliminate natural smokeable hemp products and increase licensing fees.

    The Texas Hemp Business Council, Hemp Industry & Farmers of America, and several Texas-based dispensaries and manufacturers filed for a temporary restraining order in state district court in Travis County against the Texas Department of State Health Services and the Texas Health and Human Services Commission on Tuesday, April 6. They argue that the agencies have overstepped their constitutional authority by rewriting the statutory definitions of hemp established by lawmakers in 2019.

    “Under current Texas law, hemp is defined by its delta-9 THC concentration of not more than 0.3 percent,” said David Sergi, an attorney for the hemp coalition, in a press release. “These Texas officials and state agencies are clearly attempting to create new law in direct contradiction to what the Texas legislature intended.”

    The background
    Even though Texas law bans marijuana, lawmakers legalized hemp in 2019. State law defines hemp as containing less than 0.3 percent levels of intoxicating Delta-9 THC.

    To get around the law’s Delta-9 THC restrictions, manufacturers started cultivating hemp plants with another type of THC, called THCA, that, when ignited in a joint or smokeable product, can produce a high. Many lawmakers have said this legal loophole has allowed a recreational THC market to appear overnight without direct approval from the state.

    Last year, the Texas Legislature voted to ban the products out of fear that these intoxicating products were consistently getting into the hands of children. But, Gov. Greg Abbott vetoed the decision last summer, before asking the Texas Alcoholic Beverage Commission and DSHS to increase regulations on the industry instead.

    The Texas Department of State Health Services released regulations on consumable hemp-derived THC products that went into effect on March 31. These new regulations include child-resistant packaging, a significant increase in licensing fees, new labeling, testing, and bookkeeping requirements. The rules also codify the legal purchasing age to 21, which went into effect last year as an emergency directive.

    Why the hemp industry sued
    Also under the new rules, laboratories tests now measure the total amount of any THC in a product. If the THC levels exceed the 0.3 percent threshold, even if it’s only activated upon being smoked, the product will be noncompliant under state regulations. As a result, some of the most popular hemp products, like THCA flower and pre-rolled joints, have been banned.

    Hemp businesses caught selling noncompliant products face a range of penalties and fines, including license revocation and up to $10,000 in violation fees for each day these products were sold in stores.

    “An administrative agency may not substitute its own policy judgment for the outcome produced by the constitutional lawmaking process,” the lawsuit states. “The Texas Constitution vests legislative power in the Legislature, not administrative agencies.”

    Retailers cannot sell hemp to out-of-state customers either.

    The rules also increase licensing fees for manufacturers of hemp-derived THC from $258 to $10,000 per facility and retail registrations from $155 to $5,000, which industry leaders say will fulfill the ban by forcing businesses to close. The hemp business community’s lawsuit is not challenging the other new regulations, including the age verification or ones they say protect consumers.

    “Texas hemp businesses wholeheartedly support those regulations, as they fall within the agency’s authority,” said Sergi. “We are seeking to halt rules that would effectively end the in-state production of hemp and the sale of hemp products — items the Legislature chose not to ban during recent legislative and special sessions.”

    What the state says
    Concerns about the safety of these high-THC products among youth led lawmakers to attempt to ban hemp-derived THC products outright last year. While the overall ban didn’t succeed, lawmakers successfully banned vape pens containing THC and other hemp-derived intoxicating chemicals.

    Data provided from the Texas Poison Center Network confirms a sharp increase in cannabis-related poisoning calls starting in 2019, a year after hemp-derived THC was legalized by the federal government, from 923 to a 10-year high of 2,592 in 2024. Calls climbed to 2,669 last year. The majority of these calls involve suspected poisoning of children under the age of five and teenagers.

    Drug policy experts said these numbers seem alarming, but it is natural for poisoning calls to increase when a drug has become legalized, and the data needs additional context before making conclusions from it.

    Jennifer Ruffcorn, spokesperson for HHSC, directed questions about the lawsuit and what it means for the new hemp regulations to DSHS.

    Lara Anton, spokesperson for DSHS, declined to comment on pending litigation.

    What’s next
    The hemp industry’s battle to stay alive in Texas started back in 2021 when the state health agency classified any amount of a natural intoxicating hemp compound called delta-8 THC as illegal. The hemp industry sued the state over its ban on delta-8 and the Texas Supreme Court is expected to consider the case this year.

    The delta-8 lawsuit will have an impact on the outcome of the most recent lawsuit over the smokeable hemp ban because both lawsuits challenge the authority of a state health agency to make changes to the market without approval from lawmakers or the public.

    ---

    This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.

    marijuanalawsuitcannabis
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