News & Analysis as of

Oil & Gas Trespass Fracking

Gray Reed

Update on Pennsylvania Subsurface Trespass

Gray Reed on

Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more

Gray Reed

Pennsylvania Rule of Capture Still Bars Subsurface Trespass Claim

Gray Reed on

After a trial court order, two appellate opinions, a dissent, and another appellate opinion, the tension between a well operator and an adjacent mineral owner over whether hydraulic fracturing can constitute a subsurface...more

Jones Day

Pennsylvania Supreme Court Endorses Rule of Capture for Hydraulic Fracturing - Opinion in Briggs v. Southwestern Energy Co. left...

Jones Day on

The oil and gas industry in Pennsylvania attained a narrow victory after the Supreme Court of Pennsylvania endorsed the application of the rule of capture, the century-old legal principle shielding drillers from trespassing...more

Bricker Graydon LLP

Hydraulic fracturing and subsurface trespass in Pennsylvania: Briggs v. Southwestern Energy Production Co.

Bricker Graydon LLP on

In a case of first impression that drew interest across Appalachia, the Pennsylvania Supreme Court determined on January 22, 2020, that the rule of capture applies when natural gas is extracted through hydraulic fracturing...more

Gray Reed

Pennsylvania Says No Trespass by Fracking – the Dissent

Gray Reed on

The concurrence and dissent in Briggs et al v. Southwestern Energy Production Company appears to be of little help to property owners complaining of trespass by fracking where there is no invasion of frack fluids on to the...more

Gray Reed

Pennsylvania Supreme Court Says No Trespass by Fracking

Gray Reed on

Herein, highlights from the Pennsylvania Supreme Court in Briggs, et al. v. Southwestern Energy Production Company. The rule of capture applies to oil and gas produced from wells completed using hydraulic fracturing and...more

Womble Bond Dickinson

Whose Milkshake is Whose?: Pennsylvania Supreme Court Considers Whether the Rule of Capture Applies to Hydraulic Fracturing

Womble Bond Dickinson on

The Rule of Capture has been a foundational concept of oil and gas prospecting for 150 years. The Rule of Capture exists to provide an affirmative defense to drillers when they tap into oil and gas pockets that cross property...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019

Supreme Court Sides with Property Owners; Companies have No Right to Get Natural Gas Without Permission - "The Supreme Court said, 'A mineral owner or lessee has an implicit right to use the overlying surface to access...more

Gray Reed

Trespass by Fracking Recognized in Pennsylvania

Gray Reed on

Briggs v. Southwestern Energy is another way to say “chaos” in Pennsylvania. The Superior Court ruled that fracking may constitute a trespass when subsurface frac-fluid and proppants cross boundary lines and extend into the...more

Troutman Pepper

Trespass by Fracturing? A Theory Alive in Pennsylvania

Troutman Pepper on

Trespass by hydraulic fracturing is alive in Pennsylvania. In a case of first impression in the state, on April 2, the Superior Court held that hydraulic fracturing under the land of an adjoining property may create an...more

Spilman Thomas & Battle, PLLC

Spilman Alert - Breaking Insights: Pennsylvania Superior Court Overturns Rule of Capture for Unconventional Gas Wells

On April 2, 2018, the Pennsylvania Superior Court issued a decision in Briggs v. Southwestern Energy Production Company, No. 1351 MDA 2017, reversing a lower court judgment entered in favor of the defendant producer....more

King & Spalding

Important Case on Subsurface Trespass Pending before the Texas Supreme Court

King & Spalding on

Fluids associated with oil & gas production frequently move across subsurface property lines. For example, injected fracing fluids and disposed saltwater often move beyond the lease on which the particular injection well is...more

K&L Gates LLP

The Eyes of Texas are upon a Subsurface Trespass Case

K&L Gates LLP on

The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in...more

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