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April 01, 2014

Comments

Mark McPherson

Jim, the EPA dropped the Range Resources case because the US Supreme Court ruled against the EPA in the case of Sackett v. EPA. The Sackett decision made clear that if EPA wanted to continue the Range Resources case, it would first have to allow Range to contest the proposed enforcement order in court. Apparently the EPA decided it did not want to do this. Having read several pleadings and deposition transcripts in that case, as well as the decision of the Railroad Commission on this same situation, I think the EPA's move to dismiss that case was wise.

Dimock and Pavillion are very different situations, factually, from Parker County and from each other. I do not think there would be anything gained by reopening these investigations.

Mark McPherson
McPherson LawFirm, PC
Dallas, TX
@enviropinions

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