HUGE NEWS: PA Supreme Court Keeps ‘Rule of Capture’ for Fracking
There is one court case in Pennsylvania that we’ve been concerned about since April 2018. The Briggs v Southwestern Energy case had the power to block most new Marcellus Shale drilling in the state. The case, revolving around the oil and gas “rule of capture” principle, was appealed by Southwestern all the way to the PA Supreme Court. We are elated to report that yesterday the Supremes ruled supreme and found in favor of Southwestern–retaining the rule of capture in the Keystone State. This is seriously good news for both drillers and leased landowners. Below we explain what the rule of capture is, the background of the case, and what the Supremes said in yesterday’s important ruling.
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Andrew Cuomo makes us puke. Literally. Cuomo, Governor of New York, became a dictator and stripped away the property rights of citizens living in NY in 2015 when he autocratically decided to prohibit shale fracking throughout the state (see
Electric fracking (or e-fracking) continues to displace traditional fracking in the Marcellus/Utica. What’s the difference between the two? Traditional fracking uses diesel-fueled engines to produce electricity to power pressure pumps for hydraulic fracturing operations. Electric fracking uses natural gas from the well pad to power turbines to create electricity. Electric fracking fleets are roughly half the size of traditional diesel fleets–and a whole lot quieter.
Pennsylvania Gov. Tom Wolf, a liberal Democrat who sometimes supports the shale gas industry (as long as he can tax it) has caved to demands from the Pittsburgh Post-Gazette to launch a “study” in a bid to “prove” cases of childhood cancer in southwestern PA can be tied to shale drilling in the region. A pair of studies, actually. The studies won’t be completed for three years, after Wolf is out of office, so he gets credit for caring, but he won’t be around for the fallout when it happens.
Washington (PA) Observer-Reporter reporter Rick Schrum recently went on a tour of fracking operations at a Range Resources site in Allegheny County, PA. Schrum interviewed Range’s water operations manager about how and where Range gets the water to drill and frack its wells.
Speaking of electric fracking, this past summer CNX Resources converted to using 100% electric frac fleets in its drilling operations (see
Is this time different? The oil and gas industry is known for its “boom and bust” cycle. The price of oil and gas goes high, drillers jump on the bandwagon and inevitably produce far more than the market demands resulting in a price bust and a slowdown in drilling as it becomes unprofitable. Until the next cycle.

Last week MDN told you that oral arguments would be heard on Thursday at the Pennsylvania Supreme Court in what we believe is one of (perhaps THE) most important shale cases ever in the Keystone State (see
This
Last week CNN inflicted a seven-hour “town hall” discussion with Democrat presidential candidates about so-called climate change (man-made global warming) on its handful of viewers. Fox News’ Tucker Carlson called it an
Researchers from Pennsylvania State University, using a new testing protocol that uses existing, affordable water chemistry tests, have tested 20,751 water well samples from wells located near high levels of both conventional and shale oil and gas drilling in PA. The tests show whether or not existing/naturally occurring methane is in the water well, or whether methane from nearby drilling is present in the water. Know what they found? Out of 20,751 samples, they found 17 wells (0.08%, less than one-tenth of a single percent) showed “possible signs of methane contamination.” Statistically speaking, it’s zero.
A paid political activist who is not a doctor but works for the so-called Physicians for Social Responsibility (left wing group), told a hearing in Murrysville (Westmoreland County), PA on Wednesday that she could not prove fracking leads to negative health affects on those living near the activity, but in the very next breath she essentially said it does, saying there’s a “strong correlation” between fracking an ill health. Her proof? A list of Big Green-paid for “health studies” (propaganda campaigns).
A small group of New York landowners in Tioga County, NY continue to pressure the New York Dept. of Environmental Conservation (DEC) to allow them to drill and frack a single Utica well using LPG, or liquefied petroleum gas (i.e. propane). The DEC under the direction of Andrew Cuomo continues to purposely drag its feet in approving the project. The landowners are not giving up and hope to prove that fracking in NY can happen. They’re keepin’ the dream alive.