A recent opinion issued by the Pennsylvania Superior Court may place a difficult burden on landowners confronted with a subsurface trespass and the unauthorized intermingling of gas.
In Kennedy v. Consol Energy, 2015 PA Super 93 (April 22, 2015), Earl Kennedy and several other oil and gas interest holders brought an action to quiet title to coalbed methane gas and for trespass, conversion, unjust enrichment and replevin against the owner and operator of the coal seam, Consol Energy Inc. and CNX Gas Co., respectively, referred to collectively as Consol.
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