Pennsylvania Supreme Court to decide future of “Tres-Frac” (Trespass-Hydraulic Fracturing)

Kyle Wittenbraker Energy

In a decision which could unleash a “flood of litigation” the Pennsylvania Supreme Court will determine whether the “Tres-Frac” cause of action is viable in that state. At the end of January, Southwestern Energy Corporation filed its brief with the Pennsylvania Supreme Court, appealing a Superior Court order in Briggs v. Southwestern Energy Co. that was discussed in an earlier …

Pennsylvania Court Dismantles Rule of Capture for Hydraulic Fracturing

Ted Tredennick Energy

By: Sabrina Tour Earlier this month, a Pennsylvania Superior Court held that the rule of capture is inapplicable to hydraulic fracturing, commonly known as fracking. The longstanding rule of capture means that oil and gas resources belong to the person able to capture them through drilling wells. The rule of capture protects drillers from liability for draining of free-flowing oil …