Before the ink had even dried on the joint motion by Range and the EPA to drop the suit, the Railroad Commission members were lambasting the agency — along with President Obama's allegedly "anti-fossil fuel agenda" — and calling for the head of the regional EPA administrator who oversees Arkansas, Louisiana, New Mexico, Oklahoma and Texas.
Al Armendariz and his regional office, Commissioner David Porter charged, were "guilty of fear mongering, gross negligence and severe mishandling of this case. I hope to see drastic changes made in the way the regional office conducts business in the future – starting with the termination of Al Armandariz (sic)."
Mark Graham
A Texas Railroad commissioner called for the firing of EPA Regional Administrator Al Armendariz.
Jay Barker
Alisa Rich cruises backroads, armed with a camcorder, looking for oil-field leaks and spills.
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But the EPA's decision to withdraw its endangerment order wasn't the first time it had shifted from hardline to conciliatory. Little more than a month since Obama unveiled his "all of the above" approach to domestic energy development during his State of the Union address, the agency agreed to conduct more testing after blaming fracking for the contamination of groundwater in Pavillion, Wyoming, in an initial report.
State environmental regulators in Pennsylvania blamed Cabot Oil and Gas for contaminating water wells in Dimock, now a symbolic flashpoint between anti-fracking activists and the industry. The EPA vowed to test some 60 wells and provide replacement water, but in its preliminary results last month, the EPA said it had found no evidence that Cabot was responsible. Water Defense, an environmental group formed by actor Mark Ruffalo, claimed the testing detected "dangerous" levels of methane and residents were "living inside a bomb that could explode any moment."
Whether the agency had exacted all the concessions it needed from Range in Parker County and chose to end needless litigation, or it realized it could potentially suffer a humiliating defeat in federal court, its withdrawal tore the backbone out of Lipsky's claim. He is now alone in a courtroom brawl against an industry juggernaut with much heavier hands.