News & Analysis as of

Mineral Extraction Fracking

Gray Reed

Update on Pennsylvania Subsurface Trespass

Gray Reed on

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

Gray Reed

Pennsylvania Rule of Capture Still Bars Subsurface Trespass Claim

Gray Reed on

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

Pullman & Comley, LLC

2019 Connecticut Environmental Legislative Update No. 2

Pullman & Comley, LLC on

Welcome to our Environmental Legislative Updates. Throughout Connecticut’s legislative session, these updates highlight developments concerning environmental law and policy. The author prepares updates as Legislative...more

Gray Reed

Trespass by Fracking Recognized in Pennsylvania

Gray Reed on

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

Troutman Pepper

Trespass by Fracturing? A Theory Alive in Pennsylvania

Troutman Pepper on

Trespass by hydraulic fracturing is alive in Pennsylvania. In a case of first impression in the state, on April 2, the Superior Court held that hydraulic fracturing under the land of an adjoining property may create an...more

Dickinson Wright

Municipal Legal News

Dickinson Wright on

On September 21, Governor Snyder signed a package of bills (2016 PA 281-283) that significantly expands the types of medical marijuana facilities permitted under state law, and establishes a licensing scheme similar to the...more

Saul Ewing Arnstein & Lehr LLP

Gas Company May Challenge Local Ordinance Prohibiting Deposit of Flowback Water into Underground Injection Wells

A Federal Magistrate Judge in Pennsylvania has ruled that an oil and gas exploration company may challenge a township ordinance that makes it unlawful to deposit flowback water into underground injection wells within the...more

K&L Gates LLP

The Eyes of Texas are upon a Subsurface Trespass Case

K&L Gates LLP on

The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in...more

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