Presenters: Leslie Boyle, Holland & Hart; Michael Brewster, Frost Brown Todd; Bruce Kramer, McGinnis Lochridge; and Matt Ochs, Holland & Hart

The Sabine decision changed the way parties to oil and gas midstream contracts view dedication provisions, which have historically served as midstream providers’ mechanism to ensure recovery of significant capital expenditures in infrastructure development. This panel will discuss the findings of the Sabine decision, how dedication provisions have evolved, and recent court rulings governing the relationships between producers and their midstream providers.

Presenters: Katherine Gafner, Anthony Holtzman, K&L Gates

Briggs v. Southwestern Energy, which involved a claim of a sub-surface trespass by hydraulic fracturing, was one of the most watched oil and gas cases in Pennsylvania. The Pennsylvania Supreme Court sided with the industry, but what does the decision really mean? This presentation will include an overview of how courts have applied longstanding trespass principles in modern-day oil and gas development scenarios. The presenters will focus on the possible practical implications of Briggs and similar cases on future trespass claims. In doing so, they will consider questions like (i) whether, in every instance, the plaintiff will be able to make out a prima facie trespass claim and conduct discovery, (ii) whether the burden of showing the absence of a trespass has shifted to the producer, and (iii) whether compliance with spacing regulations provides the producer with protection if the plaintiff has not come up with affirmative proof of a physical trespass.