Guest Viewpoint: Best to Lease ALL Rock Layers at One Time
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…
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We have some more details about that lease deal for $100 million by Tug Hill Operating to lease land in Marshall and Ohio counties in the northern panhandle of West Virginia that we wrote about yesterday (see 
We have some information, but not a lot, on a recent deal to lease land in Marshall and Ohio counties in West Virginia. Tug Hill Operating, a small, privately owned exploration & production company headquartered in Fort Worth, TX, has just brokered a deal with the Marshall and Ohio County Landgroup. We don’t know how many acres are involved in the lease, nor how many families. What we do know is that the money Tug Hill is paying the landowners, collectively, is an eye-popping $100 million. We don’t have a copy of the lease, but we have little doubt that both Marcellus and Utica layers are part of the deal. Here’s what we do know about Tug Hill and the deal:
Earth to Mars (PA): To the anti-drilling parents in the Mars School District in Butler County, cast your eyes to the south in neighboring Allegheny County. The school district in East Allegheny, PA has just signed a lease with EQT to drill shale wells on district-owned property–in one case 500 feet away from the middle school! Now what was that about a well pad 3/4 of a mile from a Mars school–on non-school property–that has you so enraged? (see 
The Chesapeake Energy fire sale continues–and this time it’s cut right into the bone and sinew of the company. The beneficiary of Chesapeake’s ongoing divestiture, this time, is Southwestern Energy. Southwestern has signed a deal to pick up 413,000 (!) Marcellus/Utica acres, most of it in West Virginia with some of it in Washington County, PA. Much of the land is in prime wet gas areas (see the map below). The deal includes 256 (!) operating and producing Marcellus and Utica Shale wells and another 179 (!) non-operated, non-producing wells–a total of 435 drilled wells. Southwestern is paying Chesapeake $5.375 BILLION for the deal–which will make Chesapeake’s real boss, corporate raider Carl Icahn, very happy…