19th Century Rule Can't Cover Fracking, Pa. Justices Told

Law360 (April 4, 2019, 7:13 PM EDT) -- A Pennsylvania family urged the state's highest court Wednesday to find that the so-called rule of capture, a 150-year-old legal doctrine that shields drillers from liability when a well taps oil and gas pockets that cross multiple properties, should not apply to hydraulic fracturing.

A Susquehanna County family argued in a brief that key differences between conventional drilling and fracking, which involves the injection of pressurized fluids to crack rock formations and free oil and gas deposits trapped inside, meant they should be able to pursue trespassing claims against a Southwestern Energy Corp. unit over a well drilled and fracked on...

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