Recent Legal Development Regarding the Rule of Capture

Ross Pifer, with Penn State Law, will discuss background of rule of capture and recent court decisions in PA, and what these legal proceedings could mean for the future of oil and gas development.

Skill Level: Beginner Intermediate Advanced

Language: English

C. McKibben

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The rule of capture is a common law doctrine that establishes a rule of non-liability and ownership for captured natural resources, including oil, gas, and groundwater. In recent months, the rule has been under scrutiny by Pennsylvania appellate courts to clarify the extent of its application to hydraulic fracturing and unconventional gas development. Revisiting how the rule of capture is applied to hydraulic fracturing in Pennsylvania could have a monumental impact in Pennsylvania as well as in shale oil and gas development throughout the nation.

Ross Pifer, Clinical Professor of Law and Director of the Center for Agricultural and Shale Law at Penn State Law, will discuss the background of rule of capture, the recent Pennsylvania Superior Court decision in Briggs v. Southwestern Energy Production Co., the status of the Briggs appeal before the Pennsylvania Supreme Court, and what these legal proceedings could mean for the future of unconventional oil and gas development on this month's webinar. Ross states there are a number of questions that have been raised by the Superior Court's decision. One such question relates to the court opinion's distinction between hydraulic fracturing and conventional gas drilling when basically all wells in the commonwealth, both conventional and unconventional, are hydraulically fractured. Another question relates to the court's imposition of differing standards based upon the permeability of the geologic formation in which oil and gas is extracted. "I think this case could have a significant impact on shale development because it's opening the door for trespass liability. Challengers still would have to prove that a trespass occurred, but the Superior Court has said that it is possible for a company to be held liable for trespass."

Join Pifer as he discusses in detail the law, rule of capture, and what changes may mean for landowners and industry.

Who is this for?

All who are interested in the Rule of Capture and possible changes to the law in Pennsylvania

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