News & Analysis as of

Subsurface Conditions

Porter Hedges LLP

Wellbore Transactions Update - Conveyances, Reservations And Related Lease Severance Issues

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This article focuses on the state of Texas law regarding wellbore rights and various related issues raised by transactions involving such rights (and other similar lease severance issues) and provides some practical tips to...more

Gray Reed

Update on Pennsylvania Subsurface Trespass

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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

Husch Blackwell LLP

Subsurface Risk in EPC Contracts – Addressing Issues Before They Surface

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Allocating subsurface risk is always a key point of negotiation between owners and contractors in engineering, procurement, and construction (“EPC”) contracts, given its potential price and schedule impacts. Parties can...more

J.S. Held

Benefits of Passive Soil Gas Sampling: An Efficient and Cost-Effective Subsurface Investigation Tool

J.S. Held on

There are numerous approaches that can be used during an environmental investigation to evaluate subsurface conditions. These can vary based on the media requiring investigation and the ultimate project goals. Information...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Superfund/Cost-Recovery Action: Federal Appellate Court Addresses Challenge to Allocation Methodology

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 3rd Opinion an issue arising under a Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “Superfund”) cost...more

Jones Day

Pennsylvania Supreme Court Endorses Rule of Capture for Hydraulic Fracturing - Opinion in Briggs v. Southwestern Energy Co. left...

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The oil and gas industry in Pennsylvania attained a narrow victory after the Supreme Court of Pennsylvania endorsed the application of the rule of capture, the century-old legal principle shielding drillers from trespassing...more

Bricker Graydon LLP

Hydraulic fracturing and subsurface trespass in Pennsylvania: Briggs v. Southwestern Energy Production Co.

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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

Bricker Graydon LLP

Court rules in favor of Eclipse in oil and gas lease case

Bricker Graydon LLP on

On November 30, 2017, the U.S. Court of Appeals, Sixth Circuit issued an opinion in Eclipse Resources - Ohio, LLC v. Madzia, affirming the lower court’s grant of summary judgment to Eclipse Resources in all respects. ...more

Blank Rome LLP

Drill on Through to the Other Side: No Trespass When Drilling Through Mineral Estate with Surface Use Agreement

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Action Item: The Texas Supreme Court annunciated two critical points in Lightning Oil Co. v. Anadarko E&P Onshore: (1) unauthorized interference may be a trespass only when it impacts the mineral lessee’s ability to exercise...more

Gray Reed

Texas Subsurface Trespass Law Clarified

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We know that in Texas the mineral owner has the right to explore for and produce the minerals. What does that leave for the surface owner? In Lightning Oil Company v. Anadarko E&P Onshore, LLC the Texas Supreme Court tells us...more

Seyfarth Shaw LLP

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

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Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Gray Reed

Assigning By “Stratigraphic Equivalent”? Be Careful

Gray Reed on

How many of your mineral conveyances are described like this: … all of Sellers’ right, title and interest in and to (a) the oil, gas and other minerals in, to and under the lands … ONLY INSOFAR as such oil, gas and other...more

Butler Weihmuller Katz Craig LLP

Second DCA Reaffirms Sinkhole Insurers' Contractual Right to Withhold Payment for Subsurface Repairs Until the Policyholder...

Two new opinions show the Second DCA continues to hold that if an insurance policy providing sinkhole coverage authorizes the insurer to withhold payment for subsurface repairs until the policyholder presents a signed...more

Troutman Pepper

Do Owners Have a Legal Obligation to Disclose All They Know About Their Project Sites?

Troutman Pepper on

Unanticipated subsurface conditions can greatly increase the time and cost of construction. When faced with such conditions, contractors understandably look to place responsibility for the additional costs on the owner....more

Stoel Rives LLP

Oil & Gas Wastewater Injection Wells Closed Down as a Precautionary Measure to Ensure Drinking Water Protection

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On Tuesday, March 3, twelve underground injection control (“UIC”) wells in California’s Central Valley, specifically in Kern County, were shut down in order to protect subsurface drinking water from potential contamination. ...more

Baker Donelson

Finally - A Different Result for a Government Contractor's Differing Site Condition Claim

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For any government contractor that has had a differing site condition claim denied despite relying on a government geotechnical report about the subsurface conditions of the project site, the U.S. Court of Appeals for the...more

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