Lawyer to PA Drillers: No Royalties? Time to Terminate the Lease
For the past couple of years MDN has covered the issue of low and no royalties for landowners in Pennsylvania and other states because of the low commodity price for natural gas–and because drillers are deducting post-production expenses. The problem, from the landowner’s perspective, is that gas is still getting pumped–and they aren’t getting anything in royalties. Who would sign up for that?! The problem, from the driller’s perspective, is that they’ve spent big bucks to drill the well and even if they have to sell the gas at a loss, at least they’re getting some revenue through the door–hoping to hang on until prices go higher again. It is a conundrum. Last month the Pennsylvania Chapter of the National Association of Royalty Owners (NARO) held their annual meeting and convention in State College, PA. A number of interesting bits of information came out of that meeting. One interesting tidbit: A Houston lawyer told attendees that he is now using the strategy of telling drillers if they keep sending royalty statements with no checks (i.e. statements showing the driller is not making a profit)–they have 30 days to terminate their lease with those landowners. Some leases (not all) state that if a well quits producing profitable quantities of gas, the lease is officially ended. While in some respects the lawyer’s innovative interpretation of o&g contracts may be an empty threat, the strategy does appear to be getting results. Another tidbit: There is a concern that drillers may try to deduct losses today from profits in the future–from a landowner’s royalty check. What can landowners do to guard against it?…
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Earlier this month MDN brought you the sad (and angering) news that once again Gov. Andrew Cuomo has caved to political pressure from environmental Nazis and instructed the now-corrupted Dept. of Environmental Conservation (DEC) to deny stream crossing permits for National Fuel Gas Company’s (NFG) Northern Access Pipeline project (see
In April of 2016, Mountaineer NGL Storage announced an open season for a new underground NGL storage facility in Monroe County, Ohio, near Clarington, along the Ohio River (see
We should have known. Last week MDN brought you the news that former MarkWest chief John Mollenkopf has just joined the board at Antero Midstream (see
In March 2016–more than a year ago–the Federal Energy Regulatory Commission (FERC) approved Tennessee Gas Pipeline’s (TGP) $86 million Connecticut Expansion project (see
MDN has previously chronicled bought-and-paid-for research done by Duke University’s Avner Vengosh, professor of geochemistry and water quality at Duke University’s Nicholas School of the Environment (see
Last year the U.S. Chamber of Commerce, via their Institute for 21st Century Energy intiative, launched a “What If…?” series to counter the radical “keep it in the ground” movement–a movement that irrationally hates the use of fossil fuels. In August 2016, the Chamber released their first such report, titled “What If…Energy Production was Banned on Federal Lands and Waters?” (see
Last December the Pennsylvania Dept. of Environmental Protection (DEP) said it would go on a “listening tour” in early 2017, to focus on so-called environmental justice (see
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: March construction starts up 5% thanks to Marcellus/Utica pipelines; NY hurts energy development over dubious concerns; Rover Pipeline’s early messes don’t inspire confidence; officials speak out re Rover’s spills; PA wants more oversight of gas industry hiring practices; oil investors who bet on higher prices, lost; Trump signing more exec orders this week on energy, environment; oil majors lead the pack in a mad dash for gas; nuclear power subsidies robbing wind and solar; and more!