Pennsylvania Court Denies Rehearing En Banc In Rule- Of-Capture Fracking Case

(June 14, 2018, 2:56 PM EDT) -- HARRISBURG, Pa. — The Pennsylvania Superior Court on June 8 denied a motion for rehearing en banc sought by a hydraulic fracturing company that argued that a Superior Court panel “misapprehended material facts” when it determined that the rule of capture 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 632)....

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