Oil and Gas Update

Utica

Pennsylvania Appellate Court Decides "Rule of Capture" Does Not Preclude Liability From Trespass Due To Hydraulic Fracturing

June 12, 2018

In a decision which may have severe consequences on oil and gas operations not only in Pennsylvania, but nationwide, the Superior Court of Pennsylvania held on April 2, 2018, in Briggs. v. Southwestern Energy Production Company, 2018 PA Super 79 (Apr. 2, 2018) that the “rule of capture” would not preclude liability for trespass of oil and gas operations due to hydraulic fracturing.

 

The rule of…

Ohio Supreme Court to Hear Appeal on Expansion of Implied Covenants

April 24, 2017

Ohio Supreme Court to hear case seeking to expand the implied covenant to reasonably develop to include the obligation to explore deeper formations in Alford v. Collins-McGregor Operating Company, Washington App. No. 16CA9, 2016-Ohio-5082.

In this case, the plaintiff landowners sought a declaration of partial forfeiture of their leases, as to all depths below the Gordon Sand Formation, on the…