Analysis

Pa. Fracking Trespass Ruling No Clear Win For Drillers

Law360 (January 23, 2020, 7:31 PM EST) -- While the Pennsylvania Supreme Court handed fracking companies a win this week when it decided a 150-year-old rule shields them from trespassing liability when a well drilled on one property taps into oil and gas below a neighboring property, experts say the ruling leaves wiggle room for landowners to sue.

The highly anticipated ruling on Wednesday upended the Superior Court's finding that the so-called rule of capture, which bars trespassing claims when a well drilled on one property taps into oil and gas pockets that flow freely below multiple properties, was incompatible with hydraulic fracturing.

Even as they jettisoned the lower...

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