Over the past few months, new developments have taken place in the historic Pennsylvania Supreme Court case involving landowners’ trespass and conversion claims against an energy company based on hydraulic fracking activities. Back in November 2018, the Supreme Court of Pennsylvania agreed to hear the case to consider whether the rule of capture applies to hydraulic fracking. Since November, both parties, as well as numerous amici curiae, have filed briefs.… Continue Reading
On November 20, 2018, the Supreme Court of Pennsylvania issued a one-page order agreeing to consider whether the rule of capture applies to hydraulic fracturing. The Supreme Court of Pennsylvania’s review comes after the Pennsylvania Superior Court overturned decades of precedent and decided the rule of capture did not apply to fracking wells.
The Pennsylvania Supreme Court will consider a single question on appeal: “[d]oes the rule of capture apply to oil and gas produced from wells that were completed using hydraulic fracturing and preclude trespass liability for allegedly draining oil or gas from under nearby property, where the well … Continue Reading
Last Monday, a three-judge panel of the Pennsylvania Superior Court revived a trespass claim against a fracking company. The claim, which was previously defeated by summary judgment, could return to the trial court for determination of its merits.
In 2015, plaintiffs filed suit against the fracking company alleging trespass and conversion. Plaintiffs claim the company used hydraulic fracturing to extract natural gas beneath the plaintiffs’ property, where the company did not have a lease, from an adjacent tract on which it had a lease.… Continue Reading
Late last month, a federal magistrate judge in Pennsylvania struck down a township’s ban on fracking activities. The ban, which prevented the injection of fracking waste into a well underlying the town, was preempted by state and federal law, said the judge.
The judge ruled that the ban was preempted by the federal Safe Drinking Water Act and Pennsylvania’s Act 13, which prevents municipalities from passing ordinances that regulate oil and gas activity except through limited channels, namely the state’s Municipalities Planning Code and Flood Plain Management Act.… Continue Reading
On Wednesday, the Delaware River Basin Commission voted to begin the rule making process that could lead to a fracking ban in parts of New York, New Jersey, Pennsylvania, and Delaware. The Commission, which regulates the Delaware River watershed and is comprised of members from each of the above states and a representative from the U.S. Army Corps of Engineers, now has until November 30 to draft its proposal.
The Delaware River watershed encompasses parts of New York, New Jersey, Pennsylvania, and Delaware and provides drinking water to millions of people in the four states. It also encompasses territory rich … Continue Reading
Maryland’s governor, Larry Hogan, on Tuesday signed into law a bill that bans hydraulic fracturing in the state. The move comes a week after the state’s legislature passed the bill.
Maryland currently has no fracking activity inside its borders, leading many to label the move political—that is, a play to constituents without much consequence. But the western part of the state sits atop a portion of the Marcellus Shale, and industry for a while now has considered the prospect of drilling in the state.
Environmentalists praise the governor’s actions, but opponents of the law defend fracking and its safety. They … Continue Reading