Although hydraulic fracturing has been around for decades, the law related to this revolutionary technology is in its infancy and varies from state-to-state. In particular, there are open questions about whether subsurface hydraulic fracturing of a natural gas well that extends into another's property constitutes a trespass for which the value of gas drained as a result of the fracturing may be recovered as damages and/or injunctive relief. To date, courts and regulators alike have yet to provide direct answers to these questions. In an effort to assess how the law regarding subsurface trespass might develop, this article will address some case law in the four states in which the Barnett, Eagle Ford, Haynesville, Fayetteville, and Woodford shale plays are located: Texas, Louisiana, Arkansas, and Oklahoma.
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