Driller Wins Briggs v SWN Rule of Capture/Trespass Resurrected Case

In January 2020, the Pennsylvania Supreme Court ruled in THE most consequential lawsuit for Marcellus Shale drilling we’ve seen, a case called Briggs v Southwestern Energy (see HUGE NEWS: PA Supreme Court Keeps ‘Rule of Capture’ for Fracking). The PA Supreme Court ruled in favor of Southwestern, retaining the “rule of capture” in the Keystone State. In 2022, the Briggs family filed a new lawsuit, call it “Briggs 2,” along the same lines, alleging that Southwestern’s drilling and fracking on a neighboring property had intruded (“trespassed”) under the property line, draining gas from the Briggs property and injecting PFAS "forever chemicals" under their land (see Briggs v SWN Rule of Capture/Trespass Court Case Resurrected). The United States District Court for the Middle District of Pennsylvania recently ruled in favor of Southwestern (now Expand Energy) and against the landowner's claims.

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