January 24, 2020 / 12:14 AM / a month ago

Penn. top court vacates trespass ruling on fracking neighbors' gas and oil

The Pennsylvania Supreme Court overturned on Wednesday a state court ruling that had found Houston-based Southwestern Energy was liable for trespass by extracting gas from underneath neighboring land via wells on its own property, vacating and remanding a decision that had vexed the state’s fracking industry by potentially exposing it to a new form of liability.

In a 5-2 ruling, the justices found that the superior court erred in finding that the “rule of capture” does not apply to hydraulic fracturing. The more than 100-year-old rule states that property owners can claim oil or gas they can capture from under their property so long as there has been no trespass.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/38rRXDQ

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