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A Big Fracking Deal: Pennsylvania's Departure From Traditional Rule Of Capture Interpretation Paves Way For Fracking Trespass Claims, Andrew Belack
A Big Fracking Deal: Pennsylvania's Departure From Traditional Rule Of Capture Interpretation Paves Way For Fracking Trespass Claims, Andrew Belack
Washington Journal of Environmental Law & Policy
This Comment explores the Pennsylvania Superior Court's rejection of the traditional rule of capture as it applies to oil extraction from adjacent land parcels using the hydraulic-fracturing method. At the time of writing, the Pennsylvania Superior Court's departure from the rule of capture has opened the door for trespass claims filed by an adjacent land owner, when oil under her property is extracted by a neighboring frack well. This Comment also examines the various health and environmental concerns that are consequent of the hydraulic-fracturing method of oil extraction.