In Briggs v. Southwestern Energy Production Co. (Briggs II), the Middle District of Pennsylvania directed summary judgment to Southwestern Energy (SWN) and dismissed the plaintiffs' claims of trespass and conversion. The plaintiffs contended that SWN's hydraulic fracturing operations on an adjacent property in 2013 unlawfully caused proppants to invade the subsurface of their property and allowed gas from their property to flow unimpeded for capture. In an earlier case involving the same parties (Briggs I), the Pennsylvania Supreme Court applied the rule of capture and dismissed the initial claims because the plaintiffs failed to allege a specific physical invasion.
The plaintiffs then filed the Briggs II complaint, this time specifically alleging a physical invasion. The court dismissed claims arising up to December 8, 2020—the day of the final judgment in Briggs I— based on claim preclusion from Briggs I. For claims arising after that date, the court found insufficient evidence of a physical invasion or continuing trespass. Furthermore, the court determined that SWN's actions in 2013 were authorized under the existing lease for the property, which was still in effect at the time. Any potential permanent trespass claim was barred by the statute of limitations. In addition, because the plaintiffs could not establish a continuing trespass after December 8, 2020, their claims were barred by claim preclusion/res judicata based on the District Court’s previous order finding claim preclusion applied to all events covered by Briggs I.