The Rule Of Capture In Subsurface Trespass Claims

Law360, New York (September 17, 2008, 12:00 AM EDT) -- On Aug. 29, 2008, the long-awaited decision in Coastal Oil & Gas Corp. v. Garza Energy Trust [1] and its anticipated disposition of whether hydraulic fracturing that extends beyond lease lines constitutes common law trespass was delivered by the Texas Supreme Court.

According to the opinion, written by Justice Nathan L. Hecht, damages based upon the drainage of natural gas from underneath the plaintiffs’ property caused by fractures extending across lease lines generated by hydraulic fracturing of a natural gas well on adjacent land, fail to...
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