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St. Mary's University

Faculty CLE

St. Mary's University School of Law

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Full-Text Articles in Law

Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney Jan 1998

Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney

Faculty CLE

Many courts may determine hydraulic fracturing to be an impermissible trespass. Hydraulic fracturing is a common method used to increase production from oil and gas wells. However, the extent of wellbore fractures can only be determined by theoretical calculations. This reality affects the application of the legal doctrines of the rule of capture, common law trespass, and implied covenants in the oil and gas lease. When these controversies reach the court, a traditional policy conflict is also at play: whether to protect property rights or to encourage oil and gas production.

Without express legislative endorsement of fracturing as promoting valuable …


Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey Jan 1984

Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey

Faculty CLE

No abstract provided.