Victory for NY Landowners in Chesapeake Force Majeure Case
In a major victory for New York landowners, Attorney General Eric Schniederman’s office reached a settlement with Chesapeake Energy to allow 4,400+ landowners with a collective 264,000 acres to renegotiate old gas drilling leases that Chesapeake was attempting to extend using the “force majeure” clause. MDN has followed this story for more than a year (see this MDN story from May 2011 for history and background).
As a brief background, a number of New York landowners—many of them in the Southern Tier area of New York—signed gas drilling leases in 2000 with small drilling companies. The leases had a 10-year term. Most of the landowners got $3 per acre as a signing bonus. Those leases, along with leases signed prior to 2000, were bought by Chesapeake in the mid-2000s. In 2009, Chesapeake sent letters to New York landowners invoking the force majeure clause, which is legalese for “we’re extending the contract term due to extenuating circumstances, which we believe is our right to do.” The extenuating circumstance? The moratorium on high volume hydraulic fracturing that was implemented by then-Gov. David Paterson in 2008.
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Breaking News: The fight over fracking in New York is about to go very local—down to the township level. The New York Times is reporting that Gov. Andrew Cuomo will soon announce a plan that will allow hydraulic fracturing in a few select counties in New York, most of them along or near the border with Pennsylvania. His plan will limit hydraulic fracturing to only those counties AND townships within those counties that actually want drilling—at least for “the next several years.”
The anti-drillers are hot and bothered. A fringe anti-drilling group called Toxics Targeting (from where else, Ithaca, NY) held a small rally in Binghamton yesterday. They enlisted the support of the Binghamton Mayor Matt Ryan to their cause. And this week’s cause? Send a letter to Gov. Andrew Cuomo asking him to ban fracking, but especially to drop any plans to allow the drilling of “demonstration wells” in Broome, Tioga and Chemung counties.
On Saturday night, a B-list actor with anger management issues (who used to be A-list), Alec Baldwin, was joined by one-trick pony Josh Fox to show Josh’s masterful propaganda film, Gasland, to a small gathering at the Landmark Theatre in Syracuse, NY.