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Coal Mine Owners Fail to Block Neighbor From Extracting Methane

Aug. 12, 2022, 3:23 PM

DTE Methane Resources LLC and Keyrock Energy LLC can use a vacuum pump to remove valuable methane gas from a coal mine on their Illinois property, the Seventh Circuit affirmed in a loss for their neighbors that own the majority of the mine.

The rule of capture controls here, and it essentially says the “first to capture the gas becomes the owner of the gas,” according to the US Court of Appeals for the Seventh Circuit. This applies even if extracting gas depletes a pool or gas reservoir underneath nearby land, the court said Thursday.

DTE Methane Resources and Keyrock ...