Friday fracking video

Comments

BS argument

If some townships ban fracking and some townships don't, there's nothing "uncertain" about it. Here you can drill, and here you can't. It's that simple. But state lawmakers fall for the threat (yes, that's what it is) that if the entire state isn't open for production, the motherfrackers will take their ball and go home.

The truth is, these gas companies hate the democratic process, because it gives people a voice. It gives them at least some control over their future, and many of them don't want a future where they can't escape the danger, because they can't even sell their contaminated property.

State law

Didn't the NCGA pass legislation that overrides local laws regarding fracking?

Not yet, if I'm not mistaken

The specific wording to stop the ordinances was in this bill, which never made it out of the House:

PART II. CLARIFY LOCAL GOVERNMENT PREEMPTION

SECTION 2.1. G.S. 160A-174(b) reads as rewritten:

"(b) A city ordinance shall be consistent with the Constitution and laws of North Carolina and of the United States. An ordinance is not consistent with State or federal law when:

(1) The ordinance infringes a liberty guaranteed to the people by the State or federal Constitution;

(2) The ordinance makes unlawful an act, omission or condition which is expressly made lawful by State or federal law;

(3) The ordinance makes lawful an act, omission, or condition which is expressly made unlawful by State or federal law;

(4) The ordinance purports to regulate a subject that cities are expressly forbidden to regulate by State or federal law;

(5) The ordinance purports to regulate a field for which a State or federal statute clearly shows a legislative intent to provide a complete and integrated regulatory scheme to the exclusion of local regulation;

(5a) The ordinance (i) regulates a field that is also regulated by a State or federal statute enforced by, or a regulation promulgated by, an environmental agency; and (ii) is more stringent than the State or federal statute or regulation

The underlined (5a) would prohibit municipalities from enacting ordinances banning fracking, but it ain't law yet. I'm pretty sure it did make the crossover, though...

Thanks

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