Humberston v. Chevron U.S.A., Inc.
Superior Court of Pennsylvania
75 A.3d 504 (Pa. Super. Ct. 2013)
The Humberstons (plaintiffs) leased mineral rights to Chevron's (defendant) predecessor in 2006, granting rights necessary to explore, develop, and produce minerals using methods "not restricted to current technology." Chevron later constructed a freshwater-storage impoundment on the Humberstons' land, necessary for hydraulic fracturing (hydrofracking) to extract minerals from the leasehold and adjoining pooled lands. The Humberstons sued to quiet title and for trespass, arguing Chevron lacked the right to build the impoundment; the trial court dismissed the complaint, and the Humberstons appealed.
Whether an oil and gas lessee who has the right to remove subsurface minerals also has the right to enter onto the surface and to make reasonable use of a portion of the surface to retrieve the minerals.