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Briggs v. Southwestern Energy Production Company
Pennsylvania Superior Court decision in 2018 that allows a family to proceed with their lawsuit against an energy company extracting natural gas on an adjacent property for removing gas beneath the owner's property without compensation. Goes against the rule of capture on the idea that the gas in the Marcellus Shale does not migrate freely like other gas does.
Ely v. Cabot Oil
Magistrate Judge threw out the verdict against Cabot and ordered the parties to come to a settlement.
Robinson v. Commonwealth of Pennsylvania
Supreme Court of Pennsylvania case in which municipalities and individuals challenged the constitutionality of the act that established the framework for fracking in Pennsylvania, which preempted local regulation and gave power of eminent domain to natural gas companies. The Commonwealth Court had found the Act unconstitutional in part and enjoined certain provisions. The Supreme Court held that sections of the Act that allowed the Public Utility Commission to determine if a local ordinance violated the Municipalities Planning Code could not be severed from the unconstitutional provisions of the Act ; special provisions that prohibited health care professionals from accessing information on chemicals used in the fracking process was unconstitutional; the provision that the DEP could notify only public not private drinking water facilities in the event of a spill caused by fracking was unconstitutional; and the provision that authorized taking of real property for storage of gas violated the public use requirement and was an unconstitutional taking.