September 10, 2018

Pennsylvania court opens door to claims of trespass by fracking

Steven B. Silverman

In the first decision of its kind, Pennsylvania’s intermediate appellate court has rejected the rule of capture in favor of recognizing trespass claims where hydraulic fracturing (fracking) extends to adjoining unleased lands. If the court’s decision stands, it could pave the way for a wave of trespass claims based on fracking, as well as changes to fracking operations themselves.

Premium Content For:
  • Environment, Energy, and Resources Section
Join - Now