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In a case of first impression that drew interest across Appalachia, the Pennsylvania Supreme Court determined on January 22, 2020, that the rule of capture applies when natural gas is extracted through hydraulic fracturing...more
The Rule of Capture has been a foundational concept of oil and gas prospecting for 150 years. The Rule of Capture exists to provide an affirmative defense to drillers when they tap into oil and gas pockets that cross property...more
Supreme Court Sides with Property Owners; Companies have No Right to Get Natural Gas Without Permission - "The Supreme Court said, 'A mineral owner or lessee has an implicit right to use the overlying surface to access...more
West Virginia Supreme Court Hears Oral Arguments in EQT Doddridge County Trespassing Case - "The state Supreme Court will decide if a lower court judge got it right when he ruled natural gas production company EQT trespassed...more
NY Natural Gas Moratorium Due to Lack of Pipelines, but Some in Denial - "The slowing of economic development resulting from New York's political actions is a testament to what happens when energy becomes politicized." ...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
Bobby D. Fentress, et al, vs. Exxon Mobil Corporation, et al - "This is an Employee Retirement Income Security Act case alleging a breach of fiduciary duties in the management of a defined contribution plan. Defendants'...more
Recent Texas opinions have clarified the rights and obligations of those constructing long lateral wells through horizontal drilling. BakerHostetler has updated its earlier survey of Texas law on horizontal drilling. ...more