Stillwater imposes new rules on oil and gas drilling, but there are those who aren't sure it will meet the legal test under a new state law.
The final draft isn't as restrictive for the industry as it could have been. It imposes a 660-foot setback instead of 2,200 as originally discussed.
Consumer Energy Alliance spokesman Tommy Foltz said cities can pass limits on drilling as long as they are "commercially reasonable." The state attorney general has been asked to define what that means.
"I really think the best course of action is to, at a minimum, wait for this attorney general opinion to find out what he thinks is commercially reasonable, because even though that doesn't have the force of law, it certainly gives you an indication of how a court might rule on a matter like that," Foltz said.
An opinion from Attorney General Scott Pruitt's office is expected within the next few weeks. Foltz believes it would have been more prudent to get that opinion before writing rules that may turn out to be illegal.