In an apparent case of first impression that drew heavy amicus interest from natural gas industry organizations, the Pennsylvania Supreme Court has determined that the rule of capture, which precludes trespass liability for drillers where oil and gas drains from surrounding lands in the course of conventional extraction from an underground pool, applies where shale gas is extracted through hydraulic fracturing.

The high court’s Jan. 22 decision in Briggs v. Southwestern Energy Production unanimously vacated an April 2018 ruling by a two-judge panel of the state Superior Court, which had itself reversed a Susquehanna County trial judge’s decision granting summary judgment to defendant Southwestern Energy Production Co. on claims of trespass and conversion by a group of property owners.