IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
ADAM BRIGGS, PAULA BRIGGS, HIS : No. 443 MAL 2018
WIFE, JOSHUA BRIGGS AND SARAH H. :
BRIGGS, :
: Petition for Allowance of Appeal from
Respondents : the Order of the Superior Court
:
:
v. :
:
:
SOUTHWESTERN ENERGY :
PRODUCTION COMPANY, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 20th day of November, 2018, the Petition for Allowance of Appeal
is GRANTED. The issue, as rephrased, is:
Does the rule of capture apply to oil and gas produced from wells that were
completed using hydraulic fracturing and preclude trespass liability for allegedly
draining oil or gas from under nearby property, where the well is drilled solely on
and beneath the driller’s own property and the hydraulic fracturing fluids are
injected solely on or beneath the driller’s own property?