Tag Archives: fracking

Rule of Capture is Back for Pennsylvania Oil and Gas Wells . . . Sort Of

On Wednesday, the Pennsylvania Supreme Court overturned a lower court decision that appeared to make the “rule of capture” inapplicable to oil and gas wells subjected to hydraulic fracturing, or “fracking.” Briggs v. Sw. Energy Production Co., No. 63 MAP 2018 (Pa. Jan. 22, 2020) (see majority opinion; see concurring and dissenting opinion). However, the … Continue Reading

UK Government Ends Its Support for Fracking in England (At Least for Now)

On 2 November 2019, the UK government announced that it is ending its support for fracking in England. This follows a report from the UK’s Oil and Gas Authority (OGA), an independent subsidiary of the UK’s Department for Business, Energy and Industrial Strategy (BEIS), which found that it is not currently possible to accurately predict the likelihood or … Continue Reading

New York Landowners Circulate Draft Complaint Challenging New York Fracking Moratorium and Solicit Funds for the Effort

A coalition of landowners upset with New York’s continuing moratorium on fracking after a five plus year review have circulated a draft complaint suing the state.  The complaint alleges that the moratorium is arbitrary and capricious and a regulatory taking, among other claims.  With the circulated complaint comes a request for donations to fund the … Continue Reading

Pennsylvania Supreme Court Maintains Presumption that Oil and Gas are Not “Minerals”

On Wednesday, the Pennsylvania Supreme Court decided Butler v. Charles Powers Estate, No. 27-MAP-2012 (Pa. Apr. 24, 2013), re-affirming the general presumption in Pennsylvania law that a deed that conveys or reserves “minerals” does not convey or reserve rights in shale gas.  This presumption dates at least from Dunham v. Shortt & Kirkpatrick, 101 Pa. … Continue Reading