The Briggs’ lawsuit against Southwestern Energy Production for subsurface trespass and conversion by hydraulic fracturing is now before the Pennsylvania Supreme Court. For background on the case, you can read Fair Shake’s post on the Superior Court’s April 2018 decision, here.

On March 22, 2019, Protect PT, with support from Fair Shake and Woods Law Offices, submitted an Amicus Brief to the PA Supreme Court in support of the Briggs’ family. Protect PT is a nonprofit citizens’ organization in Westmoreland County that engages in education and advocacy to protect the economic, environmental, and legal rights of citizens of Penn Township, Trafford and surrounding communities, particularly as they relate to fracking.

On the left side of the property line lies the land owner with the oil and gas lease. On the right side is the land owner who has refused an oil and gas lease.

In their Amicus Brief, Protect PT takes a stand against Southwestern’s attempt to create a novel and unprecedented right to frack not only beneath its own leased property, but beneath its neighbor’s property as well, exposing them to significant environmental risks, and taking their valuable natural resources without consent or payment. Protect PT’s Amicus Brief supports the Superior Court’s decision finding that a fracking company is liable for trespass if it enters another’s land, including by propelling frack fluid and proppant to create and prop open fractures throughout the shale rock beneath another’s land.

Fair Shake will be following this case closely over the coming months to learn if the PA Supreme Court agrees. Click here to view the full brief.