Appeals court sends Range Resources SLAPP suit against Lipsky back for abatement

The appeals court did not agree with activist Judge Loftin‘s ruling in the Range Resources Parker County water contamination case.

“The court must abate the proceeding to allow the successor to reconsider the original party’s decision,” the Texas Second District Court of Appeals said in a letter yesterday.

Range Resources Frack Suit Should Be Reheard, Court Says
By Tom Korosec – Apr 2, 2013 4:58 PM CT

Abate is a strong word outside the legal world. I’m not sure if it has another meaning inside the legal world.

Matt Pitzarella could not be reached for comment.

Activist Judge Loftin ruled that the home video made by Lipsky and sent to me, which I posted on YouTube, was deceptive. I think Brett Shipp’s reporting proves otherwise. Welcome to his nightmare: Flaming well water.

Choosing between district court and the Texas Supreme Court is like choosing between brain cancer and pancreas cancer.

This is should get interesting.

UPDATE: FuelFix article.

Range alleged in court papers that the Lipsky couple and Rich engaged in a conspiracy to defame the company and used false and misleading evidence as “a pretext for getting the EPA and the media to wrongly label and prosecute Range as a polluter of the environment.”

The Lipskys shot video of methane-fueled flames shooting from a hose hooked up to their well in Parker County, Texas, and sent it to a blogger who posted it on Google Inc.’s YouTube video-sharing site. Range also alleged that they hired Rich to test their well water and alert the EPA.

The so-called “false and misleading evidence” was the video and that has been proven to not be false or misleading. I’m pretty sure that hiring an environmental firm to do testing and contacting the EPA is not illegal.


About Sharon Wilson

Sharon Wilson is considered a leading citizen expert on the impacts of shale oil and gas extraction. She is the go-to person whether it’s top EPA officials from D.C., national and international news networks, or residents facing the shock of eminent domain and the devastating environmental effects of natural gas development in their backyards.


  1. Anonymous says

    Texas courts are worthless for the peasants in Tx. Thier budgets should be slashed 50% immediately, then after 6 months time, their budgets should then be slashed another 50%. Then they might get their mind right!!!