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
If you dispose of produced water you are no-doubt aware of the intensive earthquakes being observed across the Midland and Delaware Basins. In West Texas Earthquake Observations, Implications for the Oil and Gas Industry,...more
Of course it is. (Apologies for the clickbait.) If further reading would damage you, I recommend a subscription to the Guardian. Otherwise, consider these points of view when conversing with those in need of enlightenment....more
Let’s begin with a question: Master service agreements (“MSA’s” in the trade), once agreed upon, often remain in force for years. As time passes and circumstances change, the parties amend, sometimes losing sight of the...more
Most bills filed in each legislative session fail. For the most part we are thankful for that. But today we summarize a few that survived while you weren’t paying attention. ...more
9/9/2021
/ Breach of Contract ,
Cause of Action Accrual ,
Emergency Management Plans ,
Eminent Domain ,
Energy Policy ,
Energy Reform ,
Fracking ,
Horizontal Wells ,
Land Owners ,
Legislative Agendas ,
Natural Gas ,
Natural Resources ,
Oil & Gas ,
Public Utilities Commission ,
Quitclaim Deeds ,
Regulatory Agenda ,
Regulatory Standards ,
Royalties ,
Solar Energy
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
Now that our new president has been elected (Proud Boys, its over!), let’s take a look at what people smarter than I are predicting it will mean for the domestic oil and gas industry and the climate. In summary: bad for one,...more
12/15/2020
/ Biden Administration ,
Carbon Emissions ,
Climate Change ,
Energy Policy ,
Energy Reform ,
Fracking ,
Net Zero ,
Oil & Gas ,
Paris Agreement ,
Renewable Energy ,
Solar Energy ,
Wind Power
Last week’s discussion of the Pennsylvania Grand Jury’s report on alleged failures in enforcement of hydraulic fracturing is worthy of a follow-up. Here, combined into one document, is the Grand Jury’s report, the Department...more
There is “new news” and there is the same-old-same-old. Today is mostly the latter but it seems more “out there” than in it used to be....more
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
1/30/2020
/ Adjacent Property Owners ,
Discovery ,
Fracking ,
Natural Resources ,
Oil & Gas ,
Pleading Standards ,
Property Owners ,
Real Estate Market ,
Rule of Capture ,
Summary Judgment ,
Trespass ,
Well Drilling
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
1/28/2020
/ Adjacent Property Owners ,
Fracking ,
Natural Resources ,
Oil & Gas ,
PA Supreme Court ,
Popular ,
Property Owners ,
Real Estate Market ,
Rule of Capture ,
Summary Judgment ,
Trespass ,
Well Drilling
Reports on the inevitable death of the fossil fuel industry are overdone (assuming it isn’t kidnapped in the middle of the night by the next administration and murdered by litigation, regulation and executive fiat). ...more
Recall a recent post about the bidding war among presidential aspirants as they battle to see whose climate agenda will appease the left wing of the left wing of the Democratic Party. If that weren’t enough, Comrade Bernie...more
Any semblance of objectivity on the subject of the day is expressly disclaimed. This post contains distressing words, such as “oil and gas”, “fracking” and “jobs” that could cause severe emotional reactions in sensitive...more
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
Occasionally we visit issues larger than one-off courthouse decisions. Here are a few selected stories on the extent to which fracking contributes to rising levels of methane and, maybe, to climate change. There are...more
You are a service company and you’ve been sued for a defective frac job. It looks scary but there’s no detail in the petition and no certificate of merit is attached. ...more
Sierra Club v. Chesapeake Operating LLC et al is news more shocking than “Man Bites Dog”! A federal court has acknowledged that others are better equipped to address certain issues than the judiciary!...more
4/27/2017
/ Abstention ,
Earthquakes ,
Energy Sector ,
Environmental Claims ,
Environmental Protection Agency (EPA) ,
Fracking ,
Oil & Gas ,
Public Health ,
RCRA ,
Seismic Data ,
Underground Injection Wells ,
Wastewater
If you were able to keep your frac trailers from the clutches of your avaricious creditors during the past several unpleasant years, you could be in luck. Owners and lessors of frac trailers may be entitled to a refund for...more
Which of these statements makes sense to you:
A. “Never before have the rulers of a society intentionally driven it backwards to scarcer, more expensive, and less efficient energy.”
B. “Communism is the optimal...more
U.S. District Court Judge Scott Skavdahl in State of Wyoming et al v. U.S. Department if Interior et al. struck down Bureau of Land Management regulations applying to hydraulic fracking on federal and Indian lands. He...more
7/6/2016
/ Bureau of Land Management ,
Contamination ,
Energy Exploration ,
Energy Policy Act ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fracking ,
Fracking Bans ,
Native American Issues ,
Oil & Gas ,
Safe Drinking Water Act ,
Tribal Lands
Truthiness: A quality characterizing a “truth” that a person making an argument or assertion claims to know intuitively, “from the gut” or because it “feels right” without regard to evidence, logic, intellectual examination...more
What should we make of the Oklahoma Supreme Court’s order sending a suit alleging injuries from an earthquake back to the trial court for further action? Did the court unleash the lions, tigers and bears of the litigation...more
Political actions have consequences. A force majeure clause in New York oil and gas leases does not modify the primary term of the habendum clause and the leases are not extended because of the state ban “moratorium” on...more
You do, whether you are a vendor or an operator. Matador Production Company vs. Weatherford Artificial Lift Systems, Inc. is a treatise on what can go wrong with a frac job: Failure of pumps, worker inexperience, failure of...more