News & Analysis as of

Rule of Capture Oil & Gas

Steptoe & Johnson PLLC

New Mexico Enacts 98 Percent Gas Capture Rule

After two years of rulemaking, and more than a year of public comments, on Thursday, March 25, 2021, New Mexico’s Oil Conservation Commission (OCC) unanimously approved new regulations on natural gas emissions that require...more

Gray Reed

Pennsylvania Rule of Capture Still Bars Subsurface Trespass Claim

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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

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

Gray Reed

Pennsylvania Says No Trespass by Fracking – the Dissent

Gray Reed on

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

Gray Reed

Pennsylvania Supreme Court Says No Trespass by Fracking

Gray Reed on

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

Womble Bond Dickinson

Whose Milkshake is Whose?: Pennsylvania Supreme Court Considers Whether the Rule of Capture Applies to Hydraulic Fracturing

Womble Bond Dickinson on

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

Gray Reed

Water: The Hot Commodity in the Permian and Elsewhere

Gray Reed on

It’s still true, “Whiskey’s for drinkin’, water’s for fightin’.” Gray Reed lawyers Brock Neizgoda and Steven Cooney spoke to TIPRO’s summer conference on the use, control and ownership of water in oil and gas operations. ...more

Tucker Arensberg, P.C.

Can Natural Gas Drillers Drink Your Milkshake?

Tucker Arensberg, P.C. on

The fight over the historical concept of the “Rule of Capture” as applied to gas rights in Pennsylvania continued recently as the appellees in the matter of Briggs v Southwestern Energy Prod. Co. recently requested a...more

McGuireWoods LLP

Rule of Capture Does Not Apply to Hydraulic Fracturing

McGuireWoods LLP on

On April 2, the Pennsylvania Superior Court held that hydraulic fracturing that results in the extraction of natural gas from adjoining land may constitute a claim for trespass. In Briggs v. Southwestern Energy Production...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2018

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

Spilman Thomas & Battle, PLLC

Spilman Alert - Breaking Insights: Pennsylvania Superior Court Overturns Rule of Capture for Unconventional Gas Wells

On April 2, 2018, the Pennsylvania Superior Court issued a decision in Briggs v. Southwestern Energy Production Company, No. 1351 MDA 2017, reversing a lower court judgment entered in favor of the defendant producer....more

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