Panel: Rule Of Capture Does Not Preclude Fracking Company’s Trespass Liability

(April 9, 2018, 9:21 AM EDT) -- HARRISBURG, Pa. — A panel of the Pennsylvania Superior Court on April 2 reversed a trial court and ruled that the rule of capture concerning hydraulic fracturing operations does not preclude a fracking company from liability for trespass where subsurface fractures, fracturing fluid and proppant cross boundary lines and extend into the subsurface estate of an adjoining property for which the operator does not have a mineral lease (Adam Briggs, et al. v. Southwestern Energy Production Company, No. 1351MDA2017, Pa. Super.; 2018 Pa. Super. LEXIS 79)....

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