She worried that if the ordinance passed, neither XTO nor Chesapeake nor any other company would return, and that the greatest resource since Spindletop struck oil would go untapped here.
As the council members entered their votes into computers, the susurrus of whispered conversations quieted. The results were transmitted to a projection screen: 7-0 in favor of added restrictions on fracking in Southlake. It was a little after 11 p.m., and the city council had just approved one of the most comprehensive drilling ordinances in North Texas. Aalund and his cohort rose and made their way outside. So did Joe Wright and Jim Milner, old-time Southlake men — good ol' boys, some in town call them — who stood the most to gain. Neither would comment. Everyone seemed weary, by the late hour and by a resource that had caused so much rancor in a town so unaccustomed to it. Neither side was sure what they'd won, or even who'd won at all.
ZUMA Ralph Lauer/ZUMAPRESS.com
A natural-gas well, like this one in Weatherford, would have gone up 1,200 feet from the home of Southlake mom Kim Davis. Chesapeake Energy claims regulation championed by Davis kept the company out of the suburb.
James Berglie/ZUMApress.com
ExxonMobil CEO Rex Tillerson (left) and XTO founder Bob Simpson testify before Congress about the controversial drilling process called "fracking."
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That much wouldn't be clear for a few weeks.
The backlash from the industry didn't wait long.
"If you have to invest your millions — and we're talking tens of millions in many cases — in order to potentially be issued a permit by any city hall, they may still have the option to decline, whether through their zoning process or their special use process or whatever," says Julie Wilson, Chesapeake Energy's vice president for corporate development in the Barnett Shale. "Each city handles it a little differently. It's a pretty big risk to take if you can't meet that ordinance exactly the way it is.
"And then when you have made these investments and you're ready to move forward, and the ordinance changes, and now you can't meet the new ordinance requirement, you can see the conundrum there. You've proceeded forward in good faith thinking you were going to be allowed to develop your minerals and the ordinance changes."
The frustration in her voice was obvious, and though she tried to speak generally, it was clear she was talking about Southlake. But there is perhaps no better evidence of a suitor spurned than the industry shibboleth-laced letter she sent out to Chesapeake's Southlake lessors earlier this month:
Dear Mineral Owner:
The City of Southlake recently approved a new municipal ordinance regulating natural gas operation within the city limits. As a direct result of that ordinance, Chesapeake will not be seeking any permit approvals and will allow the last of our nearly 1,400 leases in Southlake to expire.
Although we appreciate the careful consideration given during the ordinance process, the City of Southlake placed unnecessary and restrictive conditions on doing business in their city, restrictions no other municipality has imposed.
Chesapeake has received a large number of calls from mineral owners asking if we plan to challenge the ordinance. Unfortunately, our answer is "no." With so many other attractive options in the Barnett Shale, and many cities either to work with natural gas producers to create jobs, increase tax revenues and support community development, we will simply shift our efforts elsewhere.
As shale plays in other parts of the country create a demand for our limited number of rigs, we must make difficult decisions about which areas to develop and which to forgo. On behalf of Chesapeake Energy, I am truly sorry that we don't have the opportunity to produce your minerals. We will continue to lead the path toward U.S. energy independence as we fuel the economic engine right here in North Texas.
Thank you,
Cordially,
Julie H. Wilson
It was a long way of saying: You just regulated yourselves out of the gas business. The question is whether Southlake can take at face value that assertion, that it had just denied itself a gusher of royalties that could buy new fire engines or new computers for the town's sterling schools. Or was it a low blow for the benefit of Chesapeake shareholders, dealt by a company that invested God knows how much into Southlake and got hosed not by regulations but by gas prices that had sunk as deep as the Ellenburger formation?
"I do know that many of the folks who received that letter, their leases already expired," Terrell says. "Like, a year and a half, two years ago. I'm not sure how much posturing that was versus reality."
But there was an inescapable truth in that letter: What happened at Southlake Town Hall was merely a symptom of the broader difficulties energy companies encountered as they sought to exploit shale gas in the suburbs and cities of North Texas. Instead of dealing with one or two ranchers, plus the Railroad Commission and the Texas Commission on Environmental Quality, they were dealing with both agencies, the ordinances of municipal governments and hundreds if not thousands of small landowners. Coupled with a glut of shale gas depressing the market, it acted to slow the breakneck pace of gas development or, in the case of Southlake, to bring it to a complete halt. Meanwhile, rig counts on the Barnett Shale have dropped to around 50, down from more than 200 in its 2008 heyday.