Last week MDN told you about possibility that a rock layer some 20,000 feet below the surface may one day be an important player in natural gas and oil for the northeast (see Trenton-Black River: New Natgas Rock Layer in Your Future?). As part of that story, we wrote the following: “Landowners listen up. When you lease, ALWAYS specify the layer(s) in the lease that you will allow an energy company to drill. That way, in future years when yet other layers are “discovered” to have natural gas or oil deposits, you can re-lease for the new layer. Energy companies will understandably want to negotiate a lease for all layers. Landowners (and their lawyers) need to watch for and construct leases that favor the landowner. A word to the wise…” An MDN subscriber wrote us to take issue with that statement, to point out potential weaknesses in our argument. We are happy (with permission) to bring you the following guest post from Paul David Burke, VP & General Counsel for Huntley & Huntley, Inc…
