Pa. Panel Revives Trespass Claims Over Fracking Well
By Matt Fair (April 2, 2018, 8:45 PM EDT) -- A Pennsylvania appeals court issued a published decision on Monday that hydraulic fracturing by Southwestern Energy Co. could be considered trespassing if it allowed access to natural gas trapped in rock formations beneath a neighboring property.
A three-judge Superior Court panel said the so-called rule of capture, which has traditionally shielded drillers from liability for drainage of free-flowing oil and gas from below an adjacent property, did not apply to hydraulic fracturing.
The appeals court, in reviving claims by the owners of an 11-acre parcel of land in Susquehanna County, said unconventional drilling could lead to valid trespassing claims where fractures...
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