Lease Termination

 LEASE TERMINATION– LEASE INFORMATION FOR LANDOWNERS

Joe Heath, Esq., Ellen Harrison, Fleased

Video of Leasing Workshop Mar. 19, 2013 in Norwich

 

DOCUMENTS PREPARED BY AN EXPERIENCED ENVIRONMENTAL ATTORNEY WORKING WITH GDACC  

  • Letter to gas companies claiming Force Majeure as a reason to arbitrarily extend gas leases.  Word doc.

  • Why Force Majeure claims are invalid  Word doc

  • We’ve received requests for more information about the ramifications of the November 15th US District Court ruling that force majeure does not extend leases. We encourage you to work with experienced oil and gas lease attorneys to interpret your specific lease terms and determine whether this ruling affects you.  This is what we’ve learned so far from the experts:

  • Many leases have a 5-year primary term with a clause allowing the gas company to extend the lease for another 5 years by simply tendering (writing) a check before the first term expires.  The renewal language is usually quite limited and the gas company must “tender payment before the primary terms ends.” Some companies sent landholders (lessors) force majeure letters claiming that the lease was extended but did not send checks to extend the lease.  Even with an auto extension clause, if the company has not mailed the extension check within the primary term, that lease has now expired.  The companies might claim otherwise, but they would be wrong.  They can’t make up an invalid legal theory, like force majeure, and rely on that to extend their leases.   Such a claim will not hold up in court.

  • A land owner whose lease has expired should thus proceed to follow General Obligations law 15-304 to clear their title for their expired lease.  Information on how to make such a filing can be found at: http://fleased.files.wordpress.com/2012/11/lease-termination-packet-11-20-12.pdf

More Information:

Injection Wells: The Poison Beneath Us – ProPublica

Injection Wells: The Poison Beneath Us – ProPublica.

Poisoning the Well: How the Feds Let Industry Pollute the Nation’s Underground Water Supply – ProPublica

Poisoning the Well: How the Feds Let Industry Pollute the Nation’s Underground Water Supply – ProPublica.

Assemblywoman asks: What ever happened to NY’s hydrofracking panel? | Politics on the Hudson

Assemblywoman asks: What ever happened to NY’s hydrofracking panel? | Politics on the Hudson.

“Cuomo Puts the Cart Before the Horse on Fracking—Elected Officials, Leading Environmental and Health Experts Call on Cuomo to Open Health Review to the Public,” Dec. 3, 2012

With thanks to Richard Averett for posting info about Concerned Health Professionals of New York, here is my entire statement from the press conference today in Albany with Barbara LIfton, Matt Ryan, Walter Hang, and Roger Downs of the Sierra Club.  I haven’t seen any media coverage yet.  Sandra



Prepared Remarks, Albany Press Conference, “Cuomo Puts the Cart Before the Horse on Fracking—Elected Officials, Leading Environmental and Health Experts Call on Cuomo to Open Health Review to the Public,” Dec. 3, 2012

 

I am Sandra Steingraber, biologist at Ithaca College

 

I saw some of you last Thursday when I was here to announce the launch of Concerned Health Professionals of New York—an initiative of doctors, nurses, and environmental health researchers.

 

Concerned Health Professionals was launched in response to the secrecy of the ongoing health review, the exclusion of New York State’s own public health experts in the process, and Governor Cuomo’s rejection of our unified demand for a transparent, comprehensive Health Impact Assessment.

 

Not knowing what documents the three outside health reviewers have been asked by DOH to review, we’ve created a website:  www.concernedhealthny.org where we’ve uploaded peer-reviewed studies, reports, and our testimonies and letters to serve as a repository of our many concerns about the consequences of fracking for public health.

 

Since then, we’ve also uploaded an  eight-minute video appeal to the three panelists from three of New York’s leading public health physicians, two nurses, the founder of New York Breast Cancer Network, and myself—an environmental researcher.  In this video, we speak directly to the three panelists about our most urgent concerns.  These include—

 

  • Radium in flowback fluid

 

  • Diesel exhaust and its link to breast cancer risk

 

  • Impaired birth outcomes of newborns born to women living near drilling and fracking operations

 

None of these concerns appear in the last iteration of the sGEIS. We have no idea if they are in the current one or are part of documents pieced together in secrecy by the DOH.

 

Okay.  Can I just say that this is crazy?  Scientists and doctors creating videos and websites funded out of their own pockets to get information and data to our out-of-state colleagues because our collective knowledge has been entirely ignored by our own government?

 

But it gets even crazier.  On Thursday, we learned that draft regulations were being released.  On Friday, we learned that two of the three outside reviews—in whose hands the fate of millions of New Yorkers now lie—are being paid for 25 hours of work.  Twenty-five hours is three working days.  You cannot even READ all the literature on fracking’s health effects in three days.

 

So what should be a linear, deliberative process of decision-making—

 

first, we investigate cumulative health impacts (how many New Yorkers will get sick and die if fracking comes to our state?), then we fold those answers into a larger EIS that examines if said impacts are acceptably mitigatable, and only then, if they are, do those results become the foundation for regulations—

 

what should be a linear process of decision-making is twisted into a pretzel:

 

The regs are out and we can comment on them.

 

But the EIS is not out.

 

And the health study, which should be its basis, isn’t even done, and it’s being carried out in total secrecy, and, oh, yeah, today’s the reported deadline for the receipt of the outside reviewers review based on unknown scoping and three days’ work.

 

That’s not just irrational.  That’s surreal

 

In twenty years of serving on state and federal advisory panels and watching science get turned into policy, I have never seen a more shameful process.  The scientific process behind the decision to frack or not to frack New York is befitting a Third World dictatorship, not a progressive democracy.

 

Here’s what needs to happen:  The process by which the state of New York is evaluating health effects must be opened up to public scrutiny and input.  We must have public hearings.  We must define the broad spectrum of pollutants associated with fracking, document their fate in the environment, identify pathways of human exposure, and investigate long-term health consequences.

 

Until then, the public health community of New York will raise our voices in objection.  Because science is supposed to be transparent, and the Governor’s process has been anything but transparent.  Because this process feels like a series of reactions to attacks from the fracking industry, rather than a deliberative process for implementing sound public policy.

 

It is alarming for the administration to attempt to rush the enormous amount of work that must be done into the next 85 days.  We hope—and demand—that they will step back, see the dangerous path they are on, step out of the backrooms to engage the public, and keep their promise to follow the science.

US oil and gas pipeline safety and risk assessment developments

US oil and gas pipeline safety and risk assessment developments.

Pipeline and Hazardous Materials Safety Administration (PHMSA

This is a good synoptic statement about Federal pipelines; there are also many that are within state and they are built and operated under state authority.

LOOK-BEFORE-YOU-LEAP: LPG Exports

LOOK-BEFORE-YOU-LEAP.pdf (application/pdf Object).

LOOK BEFORE THE LNG LEAP:
Why Policymakers and the Public Need Fair Disclosure Before Exports of Fracked Gas Start

Sierra Club

Statement re: DOH Refusal to Share Details on Fracking Health Study

Statement re: DOH Refusal to Share Details on Fracking Health Study.

FOIA Request

DOH Reply

Aukema decision force majeure

1234's avatarGDACC

Danger If Ohio Watershed Conservancy District Leases Reservoirs for Fracking – damascus citizens for sustainability.

The Rubin report, “Hydrogeologic Concerns Regarding Hydraulic Fracturing within the Muskingum River Watershed in Eastern Ohio with Justification & Recommendations in Support of a Drilling Moratorium within Reservoir Watersheds and Statewide Legislation Banning Hydraulic Fracturing,” is available at http://hydroquest.com/Hydrofracking/.

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http://www.pahouse.com/PR/046110112.asp

White calls on state, federal authorities for investigation of DEP over deceptive Marcellus Shale water-quality testing practices

Testimony by DEP lab chief reveals possibility of intentionally undisclosed public health risks from Marcellus Shale gas drilling

 

HARRISBURG, Nov. 1 – State Rep. Jesse White, D-Allegheny/Beaver/Washington, today called for state and federal law enforcement agencies to investigate the Pennsylvania Department of Environmental Protection for alleged misconduct and fraud revealed by sworn testimony given by a high-ranking DEP official.