This is likely to be settled in favor of the gas co only because they are drilling for a formation below the Onandaga. Unfortunately, it will open the door and likely cause law suits by co's drilling the Marcellus who will argue it gives those drilling the Utica an unfair advantage.
I personally think it is time for the PA legislature to step up and deal with this issue, though I don't expect to see that happen. Good old Yaw and Everett without a doubt will agree to just extending forced pooling to the Marcellus.
Very sad and very scary.