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Environmental Blog

Briggs Remains the Law in Pennsylvania, as a State Appellate Court Refuses to Reconsider Case Allowing a Claim of Trespass for Drainage Arising from Hydraulic Fracturing

On June 12, 2018, a Pennsylvania appeals court refused a petitioner’s request for an en banc rehearing on a case decided by a three-judge panel in April 2018, holding that the rule of capture did not bar a claim for trespass under circumstances where an operator’s hydraulic fracturing activity resulted in the drainage of gas from an adjoining tract that was not a part of the operator’s lease.

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Will Trespass Claims for Hydraulic Fracturing Remain Triumphant Over the Rule of Capture in Pennsylvania? An Oil and Gas Operator Seeks Reconsideration in Briggs

In oil and gas law, it is well-settled that the “rule of capture” holds that there is no liability for a mineral rights owner’s drainage of oil and gas from another person’s land so long as the oil and gas is produced from a well bottomed on the mineral owner’s property and all relevant statutes and regulations have been observed. The rule shields exploration and production operators from liability for a trespass when they extract oil and gas below ground from another person’s land, unlike the case where a prospector extracts hard minerals such as coal or precious metals such as gold or silver. The application of the rule of capture to extraction of oil and gas and not to hard or precious minerals is due in large measure to the “fugitive and wandering” nature of oil and gas.

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  • 03
  • August
  • 2017

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TCEQ Developing New Temperature Screening Procedures for Wastewater Discharge Permitting

Last Thursday, the Texas Commission on Environmental Quality (TCEQ) convened a stakeholder meeting to discuss how it plans to ensure compliance with the temperature criteria in the Texas Surface Water Quality Standards through the wastewater discharge permitting process. The updated “implementation procedures” shared by TCEQ at the meeting, when finalized, could result in TCEQ adding permit conditions to existing wastewater discharge permits.

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  • 03
  • May
  • 2017

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Oklahoma Report Offers Key Insights on Recycling and Re-Use of Produced Water

The cheapest and most common method for disposal of produced water – the salty water that is co-produced with oil and natural gas – is typically by using disposal wells to inject the water into deep non-potable formations. But that may be changing in Oklahoma, where produced water volumes are rising with the development of the South Central Oklahoma Oil Province (SCOOP), and Sooner Trend Anadarko Basin Canadian and Kingfisher Counties (STACK) plays and where seismicity thought to be induced by deep injection well disposal of produced water has caused public officials to search for disposal alternatives. In December 2015, Governor Mary Fallin tasked a working group called the “Water for 2060 Produced Water Working Group” with assessing produced water recycling or re-use as disposal alternatives. The working group’s April 2017 report includes important insights into the future of water recycling and re-use in Oklahoma and perhaps beyond.

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Federal Court Dismisses RCRA Suit Seeking Limitations on Oklahoma Wastewater Injection Wells

On April 4, 2017, Western District of Oklahoma Judge Stephen Friot dismissed an action brought under the Resource Conservation and Recovery Act (“RCRA”) by the Sierra Club against four deep fluid injection well operators. The plaintiff alleged that the defendants’ use of wastewater injection wells presented an “imminent and substantial endangerment to health or the environment” in violation of RCRA because it supposedly causes “waste-induced earthquakes.” The Sierra Club sought a wide range of injunctive relief, asking the court to order defendants to substantially reduce the volume of wastewater they inject into disposal wells, reinforce vulnerable structures, and establish a seismic activity monitoring center to further analyze (and predict) the potential for seismic effects of underground injection of oilfield wastes. 

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  • 26
  • October
  • 2016

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Water Data, Water Data Everywhere

Several years ago, analytics guru Gary Cokins popularized the notion that organizations are drowning in data but starving for information. The waterbody metaphor is apt, particularly for water management agencies that would like to swim—but not drown—in the data they and others collect that can help them better manage scarce water resources. Propelled by lingering pains of California’s recent drought, the California legislature took a step in this direction last month when it passed, and the governor signed, the Open and Transparent Water Data Act.

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Margaret E. Peloso

Margaret E. Peloso Partner

Carrick Brooke-Davidson

Carrick Brooke-Davidson Counsel

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Brandon M. Tuck

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Jay Rothrock

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