Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

PA Supreme Court Holds the Rule of Capture Applies to Hydraulic Fracturing Operations

By Ilya Batikov on January 23, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

On January 22, 2020, the Supreme Court of Pennsylvania decided Briggs v. Southwestern Energy Prod. Co.  The issue before the Court was whether the rule of capture applies when a developer drains oil and gas from an adjacent property by drilling a well “using hydraulic fracturing solely within the developer’s property.” (emphasis in original).

The Court “reject[ed] as a matter of law the concept that the rule of capture is inapplicable to drilling and hydraulic fracturing that occurs entirely within the developer’s property solely because drainage of natural resources takes place as the direct or indirect result of hydraulic fracturing, or that such drainage stems from less ‘natural’ means than conventional drainage.”

Cabined by pleading deficiencies with the landowners’ complaint and a narrow issue on appeal, the Court declined to address whether the rule of capture immunizes a developer from liability when hydraulic fracturing operations physically intrude into the subsurface of an adjoining property.

Click here to read the decision.

 

  • Posted in:
    Energy and Utilities
  • Blog:
    Energy & Environmental Law Blog
  • Organization:
    Vorys, Sater, Seymour and Pease LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo