Briggs: Game-changer for Subsurface Trespass Claims and Unconventional Drilling?
Thursday, May 3, 2018 – 3 p.m. (Eastern)
Registration and More Information: http://www.pbi.org/Meetings/Meeting.aspx?ID=28013
For over 100 years, the operation of shallow vertical wells in Pennsylvania has been governed by a peculiar doctrine known as the “rule of capture.” This rule essentially allows a driller to extract oil and gas from a common pool without incurring liability for trespass. In other words, the vertical well may lawfully extract oil and gas from the entire pool, even if portions of that pool sit below unleased parcels. In a landmark decision on April 2, 2018, the Pennsylvania Superior Court in Briggs v. Southwestern Energy Production, Co. announced that the “rule of capture” does not apply to the hydraulic fracturing of horizontal shale wells.
While Houston Harbaugh was not involved in the Briggs case, oil and gas attorney Robert Burnett has long argued that the rule of capture should not apply to subsurface trespass claims based on hydraulic fracturing.
As a recognized authority on Pennsylvania Oil and Gas law and specifically the subject of subsurface trespass, the Pennsylvania Bar Institute invited Robert Burnett to host a webinar, “Briggs: Game-Changer for Subsurface Trespass Claims and Unconventional Drilling?” which will discuss and explore the implications of the Briggs decision.
The webinar will count toward one hour of substantive continuing legal education.