On Monday the Pennsylvania Superior Court released ), the Pennsylvania Superior Court noted in Monday’s ruling, “we are not persuaded by the Coastal Oil Court’s rationale that a landowner can effectively secure his interests by drilling his own well to prevent drain to an adjoining home. Hydraulic fracturing is an expensive and extremely specialized undertaking, and the conventional recourse to ‘go and do also’ is not always readily available for a typical landowner.”
The Court also noted that applying the guideline of capture to hydraulic fracturing is problematic, given that it would enable companies to extract gas from anywhere without the need for a lease as long as they could set up a fracking well on a nearby home.
Hess noted that Pennsylvania’s laws are distinct, so what’s occurred with regard to the guideline of capture and hydraulic fracturing in other states is not likely to impact how things play out here.
“I believe this is going to be an important decision,” he said, “however I think individuals will be chewing on this viewpoint for a very long time to totally comprehend what it means.”