Fleased News Archive

Below are copies of the previous Fleased News emails that have been sent to our mailing list.

July 9, 2014

The Latest on Norse Energy and the Force Majeure Claim

Norse Energy went bankrupt and its assets (which are primarily its leases) were assigned to a trustee. Back in April, the trustee for Norse sold the majority of Norse’s NYS gas leases to the hedge fund Mason Capital Management, pursuant to bankruptcy court action. To offer some clarification on how this may impact those of you with formerly Norse leases: this sale does not affect the validity of the force majeure claim that Norse made to extend its NYS leases.

If you had a Norse lease that would otherwise have expired and received a letter from Norse claiming to extend the lease by force majeure, the status of that lease is currently unclear. A lawsuit is going forward that challenges the force majeure claim. Represented by attorney Robert Jones, a group of Southern Tier lessors are plaintiffs in the case (Beardslee vs. Inflection Energy). The first level of court ruled in favor of the plaintiffs, invalidating the force majeure claim. However, the gas company filed an appeal based on the specific language in the force majeure clause in the leases. The briefs have been filed in the Court of Appeals for the Second Circuit and we are awaiting the court’s decision (read more here).

We at Fleased recommend that you wait on the ruling to pursue termination of your otherwise expired lease. You can expect timely updates from us regarding the case. Mason Capital now holds the leases and will be bound by the court’s decision. If the court finds for the plaintiffs and affirms that the force majeure claim is invalid, then it would make sense to pursue termination of expired leases.

PA Gas Company Attempts to Prevent Legal Action with Cash Offers to Landowners

In an effort to avoid lawsuits like the one we saw in Texas, in which $2.95 million in damages were awarded to a family whose health was impacted by drilling, Pennsylvania’s EQT Corporation has offered 30 Washington County residents $50,000 each to release the company from all legal liability regarding its current and future operations. At present, the residents live in close proximity to an EQT well pad containing nearly a dozen new wells. Experts assert that the company’s offer is an unusual escalation from its previous attempts to mediate the residents’ noise and pollution complaints (including hotel vouchers and proposed noise studies).

 The liability document, typically called a nuisance easement, would preclude claims against the company for everything from air and noise pollution to potential property damage resulting not only from current gas well construction and operation, but also any future construction of buildings, pipelines, roads, ponds, and more.

While some residents accepted the offer, resident Gary Baumgardner was angered by the company’s tactic, saying, “We’re being pushed out of our home and they want to insult us with this offer.” To read what Baumgardner and others, including an EQT spokeswoman, have to say about the situation, please consult the ProPublica source article. And don’t hesitate to email Fleased with any questions you may have!

Be well,
Emily and Ellen

–

May 20, 2014

How to Determine if a Permit Application Involving Your Land is on File

Early this year, an Ohio court ruled that filing for a permit constituted “operations” sufficient enough to extend a Chesapeake Appalachia lease past its primary term. Since learning of this, we at Fleased did a bit of digging on the DEC’s Oil & Gas Searchable Database and discovered that NY has 67 outstanding permit applications for gas development in the Marcellus Shale and 14 for the Utica Shale. If a similar case were raised in NY and won by the gas company, these permit applications could be used as cause for lease extension.

In examining many NYS leases, Fleased learned that Norse Energy included a specific clause in some of their leases, listing the application for a permit as one reason for lease extension. In such a situation, the validity of an extension based on a permit application would not hinge on a court case. Examine your lease, if you have one, to see if it contains such a clause. A lease extension resulting from a permit application would continue as long as that permit application was pending and would provide no additional money for the property owner. In NY, a permit application does not expire until the company chooses to withdraw it or until a permit is granted.

According to the DEC ‘Wells Data,’ Norse currently has 27 outstanding gas development permit applications in NY. These permit applications are filed for land in Chenango, Broome and Madison counties. There are also permit applications filed by Chesapeake Appalachia L.L.C., XTO Energy and Vertical Resources, Inc. in Delaware, Chemung, Broome and Cattaraugus counties, but in our experience, these companies do not include a clause stating that application for a permit is grounds for lease extension. We encourage you to check out the DEC’s online database to see if there is an outstanding permit application for land near your property.

To do so, follow this link and in the drop-down list under ‘Build Search Here,’ select ‘Well Status.’ As you go across that line, choose ‘equals’ and then ‘App to Drill/Plug/Convert.’ When you click ‘Submit’ you will be taken to a data table whose columns include the county and town in which the application is located, as well as the company name. If you locate a permit application in your town, you can click ‘View Map’ under the ‘API Well Number’ column to verify the proposed well location.

Unfortunately, the database does not show a map of the entire spacing unit that the gas company has included in its application, so you will not be able to see if your property is included unless it is the actual land on which the company proposes to locate one or more wells. However, if you find a proposed well permit for property near your own, you can contact a DEC representative to see whether your property is in the spacing unit. They will require you to provide your Tax Parcel ID number, so have that handy.

To determine who your DEC representative will be, you must know which DEC Region your leased property is in. A list of these can be found at this web address. If you live in Region 4 and see a permit application on file for property near yours, you can contact Jack Dahl at 518.402.8072 or jkdahl@gw.dec.state.ny.us. If the leased property is in Regions 6, 7 or 8, you can contact Linda Collart. She can be reached at 585.226.5376 or lacollar@gw.dec.state.ny.us. And if your property is in Region 9, you can contact Brian Jandrew in the Allegheny office at 716.372.0645, or via email at bejandre@gw.dec.state.ny.us.

As always, if you have any trouble navigating the database, or have a question, feel free to contact Fleased at FleasedNY@gmail.com.

Texas Jury Holds Gas Company Accountable: $2.95 Million Awarded

On April 22nd, a Dallas jury deemed Aruba Petroleum culpable for the negative health impacts of its hydrofracking operations on nearby ranchers Robert and Lisa Parr, awarding the Parrs $2.95 million. Robert, Lisa and Lisa’s daughter Emma, who once lived in close proximity to the gas drilling of several companies, endured ailments including severe rashes, excessive nosebleeds, memory loss and open sores. When tested for chemical exposure, Lisa learned that her blood contained BTEX – benzene, toluene, ethylbenzene and xylene – toxic chemicals that frequently occur in petroleum products. The effects of this contamination were also seen in the Parrs’ livestock.

As the supposed ‘first jury verdict of its kind in the nation,’ this ruling may serve as a catalyst for similar cases across the country. It is being appealed by Aruba Petroleum and we are eager to see whether the appeals court judges uphold or overrule the jury decision. For more information on the case and its potential impact, please consult our source article in the LA Times.

Thanks,
Emily and Ellen

–

April 14, 2014

Released from Chesapeake?

In a recent conversation with Tom West, attorney for Chesapeake Energy, Fleased was told that the company is still tackling the “monumental task” of releasing thousands of leases. West said that he expects all of the expired leases, that Chesapeake claimed to extend by Force Majeure, to be released in the coming 5-8 weeks.

Though Chesapeake is only legally required to provide a document suitable for filing to each landowner, the company is taking an additional step and filing all documents itself. Each release will be filed in the relevant county clerk’s office. Chesapeake may also notify each landowner once their release has been filed.

If you have an expired lease and are waiting on a release, you might wait 5-8 weeks and then, if you have not heard from Chesapeake, we encourage you to stop by your local county clerk’s office to see if a release has been filed. If you are in need of a termination sooner (in order to sell your property, for example), feel free to contact Fleased for assistance at FleasedNY@gmail.com.

A Homeowner’s Overview

Another of Fleased’s recent finds is this article by journalist Ed Leefeldt, which might be useful to NYS homeowners, particularly those who have not yet signed a gas lease. Brief and to the point, it touches on the basics of hydraulic fracturing and its environmental impacts in addition to providing a summary of potential impacts on property owners (e.g. property insurance and mortgage regulations).

If you have any questions or concerns after reading, Fleased will be glad to assist you.

Be well,
Emily and Ellen
–
March 25, 2014

New Database Houses Over 270 Peer-Reviewed Studies on Shale Gas Development

Fleased NY would like to share a fantastic new resource: an ever-evolving searchable citation database of peer-reviewed studies on the subject of shale gas and tight oil development that has been created and is maintained by Physicians Scientists & Engineers for Healthy Energy (PSE). PSE’s database is a valuable resource for the media, lessors, legislators, government officials, farmers, academics and activists alike.

The science on the environmental public health aspects of shale gas development is still in its infancy. Over half of the peer-reviewed studies on this topic have been published in the past year. We at Fleased feel that the cautious approach to deciding whether or not to allow “fracking,” being taken by New York State and Governor Cuomo, makes sense given this rapidly evolving science.

PSE’s database aims to include all relevant articles, and is not edited to support any one point of view. Moreover, despite crucial gaps in data, the developing science strongly suggests the potential for harm, both to the environment and to public health.

Regularly updated as new studies are published, the database covers topics ranging from air quality to economics. However, as PSE’s article standards are high, it contains only texts that are peer-reviewed. Other publications, such as reports and conference proceedings that may still be useful to examine, can be found in Bucknell University’s Marcellus Shale Initiative Publications Database.

Both databases are open to the public and each covers topics that the other does not. If you have any questions or trouble navigating them, please feel free to contact Fleased at FleasedNY@gmail.com.

Whether you want to help fill the gaps or are just curious about how researchers are putting the pieces together, we encourage you to take a look!

Warm Regards,
Emily and Ellen

–

March 13, 2014

Leases held forever?

On January 14, 2014, a U.S. district court in Ohio ruled that filing for a permit constituted “operations” sufficient enough to extend a Chesapeake Appalachia lease past its primary term. Then in February alone, the Ohio Department of Natural Resources issued 34 new permits to drill the Utica shale.

What are the possible implications for New York? 

We at Fleased see this as a frightening example of what could happen in New York. While the January decision was specific to Ohio, if similar arguments were found to apply in NY, permit applications that have been made despite the NY moratorium could potentially extend hundreds of leases.

Most leases in NY have a clause extending the lease as long as “operations” take place on the spacing unit in which the property is situated. The Ohio decision interpreted application for a permit as constituting “operations,” thus extending the lease with no additional money going to the property owner. In Chenango County, some leases have specifically included the application for a permit as a reason to extend the lease.

The permit application process in NY is easy and is not likely to be a significant impediment to gas companies. Once an application is made, it will stay active indefinitely until a permit is granted or until the gas company chooses to withdraw the application. Since there are no additional fees or paperwork required to keep an application on file, there is no reason for the company to withdraw an application.

It is not clear whether a court in NY would come to the same conclusion as the Ohio case since the law and precedents in NY would be relevant, however the potential is alarming.

Watch out, drilling in the Utica shale is next!

While the extent of the Marcellus shale that can be tapped in NY is relatively limited, the underlying Utica shale covers a far larger drillable area.

In addition to issuing a significant number of new permits for the Utica, Ohio is also seeing an increased use of multi-well pads by companies such as Magnum Hunter Resources Corp., which plans to drill both the Utica and the Marcellus on the same well pad.

If this practice has any bearing on shale development in New York as industry supporters and shale geography suggest, the boost in recoverable resources (both dry gas in the Utica and natural gas liquids in the Marcellus) may further encourage NYS gas development.

Collusion: Chesapeake and Encana Probe

Encana and Chesapeake have been the subjects of state and U.S. Department of Justice antitrust probes since 2012, when Reuters published an investigation showing that the companies’ executives exchanged emails to discuss how they could cooperate to suppress lease prices in the state.

According to a recent article in the NY Times, “executives from the two firms discussed proposals to divide bidding responsibilities in the state for nine private landowners and counties in Michigan…after a land lease frenzy pushed Michigan prices on private lands as high as $3,000 per acre in mid-2010.” That way, they could succeed in keeping lease prices from rising by avoiding “bidding each other up.” Michigan lease prices dropped severely following the email exchanges, Reuters found.

Last Wednesday, charges were finally brought against Encana and Chesapeake for this conspiracy. Information on the pending case was carried in the above NY Times article.

Feel free to contact us with questions or concerns.

Thanks,
Emily and Ellen
–
February 18, 2014

Greetings everyone,

We hope you are well and warm this February!

Please join us in welcoming Emily Wilson as the new Project Assistant with Fleased. Look for her name and email in future correspondence.

Ren Ostry, who has tirelessly supported Fleased for many months, is relocating to the west coast. If you know Ren, you know that she is a passionate organizer who brings a critical eye and good humor to all circumstances. She will be greatly missed.

Finding Unclaimed Funds

Some landowners in NYS have been unsure about how to handle checks from gas companies. We at Fleased would like to offer some assistance regarding this issue.

Under the language in most leases, to exercise their option spelled out in an extension clause, the gas company is simply required to “tender” a check before the first (“primary”) lease term expires. In such situations, writing and sending a check is enough for the extension to be valid. This means that the lease will be extended regardless of whether or not the landowner accepts the payment.

If you have refused a gas company check in the hopes that it would prevent the extension of your lease, you may still be able to claim those funds. Standard procedure is for the funds to be turned over to the NYS Office of the Comptroller. This office keeps unclaimed funds until the person to whom they belong (in this case, the landowner) claims them. To get the money you have refused, please follow the instructions at: http://www.osc.state.ny.us/ouf/index.htm?utm_source=www.domtail.com. Many landowners have considered donating this money to fossil fuel resistance groups.

Chesapeake Update

Last week we heard from Assistant Attorney General Michael Danaher that Chesapeake is in the process of filing releases for the thousands of expired leases it had claimed to extend by Force Majeure. Chesapeake had agreed to release such expired leases on December 31, 2013. They plan to file the releases at the office of the County Clerk where the leased property is located. At this time, they are not planning to directly notify landowners, so each landowner will need to check with their local clerk.

It will take some time for Chesapeake to accomplish this, as they are only handling batches of 25 at a time, so please contact Fleased for assistance if you are under pressure to expedite the lease termination process (for example if you are trying to sell your property or take out a loan).

Take care,
Ellen and Emily

–

February 13, 2014
FYI there is an opportunity to talk with a representative of the NYS Attorney General tomorrow in Ithaca.
best,

Ellen and Ren

Landowners’ Rights Regarding Oil & Gas Leases To Be Addressed By NYS Assistant Attorney General

NYS Assistant Attorney General Mike Danaher will speak on Landowners’ Rights Regarding Oil & Gas Leases at Cornell Cooperative Extension of Tompkins County’s monthly Consumer Issues Program on Thursday, February 13th at 11 AM. He will cover what various terms mean, how to evaluate offers and what negotiating rights the consumer has. The program, which is free and open to the public, will be held at the Cooperative Extension Office at 615 Willow Avenue, Ithaca, NY.

Following the presentation consumers will have the opportunity to consult individually with Attorney Danaher regarding consumer issues (of any kind) that they have been unsuccessful resolving locally.  For more information about the program, call the Consumer HelpLine at 272-2292 weekdays.  Free and open to the public; no advance registration is required.

Carole Fisher
Community Educator
Cornell Cooperative Extension of Tompkins County
615 Willow Ave.
Ithaca, NY 14850
(607) 272-2292

–

January 23, 2014

Chesapeake to Release Gas Leases

Good news for land holders that have signed leases with Chesapeake Energy!

Fleased has received word that Chesapeake will be releasing expired leases. Pursuant to the agreement between Chesapeake and the Attorney General, Chesapeake abandoned it’s claim of force majeure as of December 31, 2013. We will continue to keep Fleased members up to date regarding the release of Chesapeake leases.

If you signed a lease with Chesapeake and you crossed out the automatic extension, be on the look out for a letter of release from Chesapeake. Once you receive the letter, you can follow the steps on our website to file the termination with the County Clerk in order to remove the lease from your deed. Please visit www.fleased.org/resources and review the lease termination section.
It is possible that instead of sending the letter of release straight to you, Chesapeake will just file it with the County Clerk. (Instructions on how to navigate the clerk’s office can be found at http://fleased.org/2013/02/02/has-your-lease-been-released/) If you have received a letter, or find one filed at the clerk’s office, please let us know so that we can share the good news. If you need assistance, please contact us at FleasedNY@gmail.com or by calling 607-539-7133.

Remember, when a lease expires it is still the responsibility of the landholder to terminate it and clear the land records.

Looking for Past Fleased Mailings?

Our Fleased mailings archive is a great place to look for answers for some of your gas lease questions. There are two ways to refer to our Fleased News archive: Visithttp://fleased.org/fleased-news-archive-2/ or open this email with the “display in browser” option, click on past issues.

 

Thanks,
Ren and Ellen

–
December 13, 2013

Mechanics’ lien updateFleased has recently learned that it is not legal for a gas company to file a mechanics’ lien claim against your property, but they might do it anyway and the County Clerk may not know that there is a special exception for gas and oil that makes it illegal. Below we have outlined the issue of mechanics’ liens as they pertain to gas leases.What is a mechanics’ lien?A lien is a legally enforceable claim to unpaid funds. A mechanics’ lien is a claim placed on a property by a contractor who has not been paid for services.  For example, if you have your house painted and don’t pay, the painter can place a lien against your property.  Before the property could be sold, the lien would need to be cleared by paying the painter.Under New York Mechanics’ Lien Law, a contractor may place a lien on a real property owner’s land even if the owner does not owe the contractor any money. If the real property owner gave consent to a lessee to make improvements on the land, and the lessee failed to fully compensate the contractor, the contractor has the right to place the lien on the property itself, affecting the real property owner’s interest therein.This scheme becomes problematic for the real property owner because a lien on a property record prevents the sale of land and takes priority over a mortgage. Liens can also make it more difficult for a landowner to obtain loans or other financing in connection with the property. An owner against whose land a lien has been filed, therefore, is limited in what he or she can do with the property until the lien is discharged.

What is the relevance to having a gas lease?

The name of the company on your lease is not the only company that will be on your property if drilling takes place.  Gas companies contract out a lot of the labor involved in the gas development process, from building roads to drilling and hauling wastes.

A mechanic’s lien provides protection to contracted companies that supply labor or materials to the gas company that leased your land or mineral rights. If the gas company is unable to, or refuses to pay one or more of the contracted companies, those companies could file a mechanics’ lien.  

Through research at the County Clerk’s office, we found that in Bradford County, PA, where fracking is taking place, there were many mechanics’ liens placed against Chesapeake in the past couple of years.

What are we worried about?

We at Fleased worry that a gas company may not pay its contractors who would then file a mechanics’ lien. Even though it is not legal for a gas company to file a lien against your property, county clerks may not yet know about this special exception.

In New York State in 1985, the New York legislature enacted a statute to combat the inherent unfairness of holding an innocent landowner liable for a lease-holding gas company’s debts to contractors. This legislation removes gas company leases from the normal lien scheme.  In this context, if a gas company leases property from a consenting lessor, and the gas company fails to fully compensate a contractor, the contractor can place a lien on the gas company’s lease, but not on the property. This means the lien extends solely to the lease and the gas company’s working interest in the lease. The real property is unencumbered by any valid lien, and is still eligible for sale, mortgage, or financing.

So what’s the worry? The concern is that contractors and county clerks may not be aware of this exception and that an erroneous lien could be placed on the property.  That would then require the landowner to take legal action to remove the lien.

How do you know if a lien has been placed on your property?

The land records office at the county level in New York State records mechanics’ liens.  You may need to search both the records for the property and also for the gas company holding the lease.

Call out for Mechanics’ Liens:

Fleased is still looking for cases where a mechanics lien placed on a gas company has affected a property owner. If you have a conventional vertical gas well on your property and a mechanic’s lien has been filed, please let us know. If you are a county clerk and have seen or filed such a lien, please get in touch with us. We want to ensure that the gas company’s bad behavior does not negatively affect the name or property of landholders.

Thanks,
Ren and Ellen

–

November 22, 2013

We at Fleased are following up on inquiries regarding the effects of a gas lease on property. We are increasingly aware of mortgage and insurance issues and it is important that the extent of problems become known to policy-makers and the public.How has your lease affected you?We often receive inquiries from the media looking for examples and we would like to be able to respond. We will not share your name or contact information without your permission, and will continue to work to find solutions. Please let us know if any of the following have affected you, or if you have any questions or concerns.Has a gas lease caused any real estate or insurance problems for you?
For example, have you had difficulty purchasing or selling property? Have you or a potential purchaser of your property been denied a mortgage or loan? Have you or a potential buyer walked away from a land purchase due to the existence of a lease? Have you had any problems obtaining or renewing homeowners insurance?

Pipelines: It’s more than just your mineral rights

Land men have been knocking on doors for more than just the right to drill. While fracking is being held off in New York State, the gas industry is expanding infrastructure in a number of other ways. A network of large pipelines, often interstate, is proposed throughout much of New York. Some of these pipelines will connect gas fields in Pennsylvania to export facilities. Companies are seeking easements to allow the construction of these pipelines.

Below we’ve addressed a few of the largest pipelines that are either in the process of being built or expanded, or have been recently proposed. If you live in the vicinity of one of these pipelines, we invite you to explore the resources of the groups listed below.

-Constitution Pipeline http://www.stopthepipeline.org/
-Millennium Pipeline (aka I-81 Pipeline) http://stop81pipeline.wordpress.com/
-NYMarc Pipeline http://frackfreecatskills.org/article/new-gas-pipeline-works-orange-ulster-and-dutchess-counties-0
-Rockaway Pipeline http://carpny.org/
-Spectra Pipeline http://occupythepipeline.blogspot.com/
-Tennessee Gas Pipeline http://www.notennesseepipeline.org/

To see if a pipeline has been proposed near you, a series of helpful maps can be found at http://williamahuston.blogspot.com/p/various-pipeline-maps.html 

Thanks,

Ren and Ellen

–

October 17, 2013

Call out for mechanic’s liens

Fleased is looking for cases where a mechanics lien placed on a gas company has affected a property owner. If you have a conventional vertical gas well on your property and a mechanic’s lien has been filed, please let us know. We want to ensure that the gas company’s bad behavior does not negatively affect your name or property.

Oil and gas leases and pipeline rights-of-ways deter access to FEMA aid

When a landowner signs a gas lease, whether they give up surface rights or not, part of the rights are transferred from the landowner to the oil company. Therefore, according to FEMA attorney Michael C Hill, “the landowner alone cannot transfer all of the surface rights nor the oil and gas rights,” which prevents landowners from meeting FEMA standards.

At least 18 landowners were denied assistance from FEMA according to agency Emails uncovered by Desmogblog, and with super storms like Sandy hitting or region, landowners must be prepared. After Hurricane Sandy, Governor Andrew Cuomo admitted, ‘We have a 100-year flood every two years now.’

Read more about FEMA here: http://www.desmogblog.com/2012/09/21/oil-and-gas-leases-create-conflicts-fema

Developers hold on to mineral rights, unbeknownst to buyers

Reuters recently investigated homeowners and developers that have been increasingly holding on to mineral rights underneath their projects. Reuters investigated this issue in 25 states, and found that in most states, seller aren’t legally required to disclose to home buyers whether they are severing the mineral rights to the property.

In one case, Denver community members whose mineral rights are leased to Anadarko Energy are so concerned about their children and families that they have begun to exhibit health issues like panic attacks. On the other hand, some homeowners are angry that they cannot financially benefit from something they thought they owned.

“As drilling has moved into more densely populated areas, energy companies have typically sent teams of so-called land men to knock on homeowners’ doors and try to persuade them to lease their mineral rights. Each lease can have different terms, depending on negotiating skill of the homeowner. Now, by dealing with builders and developers, energy companies can lock up entire neighborhoods via a single lease. “

Some communities are beginning to mobilize around this issue; in Colorado, a bill is expected in 2014 that would require sellers to disclose mineral rights ownership to buyers before sale.

Read the Reuters article here:

http://graphics.thomsonreuters.com/13/10/USA-FRACKING:RIGHTS.pdf

Thanks,

Ren and Ellen

September 21, 2013

Hi everyone,

We’d like to share with you some updates about how a gas lease may be affecting your homeowners insurance or loan and mortgage requests. Banks and federal agencies are writing new provisions, adding drilling related questions to loan interviews, and some insurance policies have already got fine print concerning gas leases. Please be sure to look into your own liability, and as always, we’re here to help.

Updates About Insurance

Fleased has recently learned that individuals in Pennsylvania could not get liability or homeowners insurance due to the presence of a traditional conventional gas well on their property. Multiple underwriters are also not covering homes or properties with gas leases – not just wells – as banks learn more about the effects of unconventional gas drilling. Marshall and Mang Insurance, which covers an area from the Southern Tier north to Watertown, said they have NO insurance underwriter who will write a homeowner’s policy for any place that has an existing well or a lease. Be sure to check the fine print on your homeowners insurance if you’ve got a gas lease.

Read more at: http://www.scribd.com/doc/166771976/Insurers-Fracking-related-damages-not-covered-by-standard-policies

Landowner Denied Loan in Pennsylvania

Insurance is not the only issue lessors are noticing. Banks are beginning to question landowners about fracked wells and impoundment lakes on (and even near) properties when owners seek to underwrite their mortgages.

Learn more at: http://grist.org/climate-energy/fracking-boom-could-lead-to-housing-bust/

SovereignBank’s new Mortgage Provision

As more is learned a bout fracking, Banks and federal agencies are revisiting their lending policies to protect themselves and account for potential impacts of property values. Sovereign Bank’s new provision states that “the mortgage will be automatically recalled if the property owner transfers any oil or gas rights or allows any surface drilling activity.” It also says owners must “take affirmative steps to prevent the renewal or expansion” of any current lease.

Thanks,

Ren and Ellen

August 13, 2013

Chesapeake Force Majeure News

Good news for some people who have leased with Chesapeake. On August 7, Reuters published an article (see below) that indicates Chesapeake will not contest the November 15 court decision that rejected Chesapeake’s claim of force majeure. If you or someone you know has an expired Chesapeake lease but is not one of the 200 people in this lawsuit,Fleased is available to provide free assistance.

http://www.reuters.com/article/2013/08/06/us-chesapeake-newyork-idUSBRE97517V20130806 

NY Landowners Denied Homeowners Insurance Because of Gas Well

A landowner in Madison County NY was denied the renewal on his homeowner’s insurance policy because there is a gas well on their property. For more information, see the article here: http://marcelluseffect.blogspot.com/2013/08/ny-landowners-denied-homeowners.html

Upcoming Fleased Forum

On Monday August 26 at 7pm, there will be a Fleased forum in Bath at the Bath Fire Hall (50 E Morris St). This forum will address expiring gas leases, force majeure, land rights, mortgages and homeowners’ insurance, and more. Attorney Joe Heath and Fleased founder Ellen Harrison will be presenting, with a Q & A to follow.

Revised Website

We’re happy to share that the Fleased website has had a makeover and is now easier to use than ever before. We hope you’ll explore it and share it with your friends and neighbors. At the bottom of the home page you’ll see a link to follow to register your information. People that fill out their information will be added to the listserv, just like you. This is a great way to invite your friends and neighbors to share their information with us: especially those trying to get out of a lease. Explore the website at www.fleased.org.

Thanks,

Ren and Ellen

July 24, 2013

Hi everyone, please see below for an upcoming Fleased Forum:

 Gas companies pull out of NE Pennsylvania

Two gas companies, Hess and Newfield, have notified landowners in Northeastern Pennsylvania that they have released their leases. (http://www.ithacajournal.com/viewart/20130715/NEWS11/307150054/Gas-drillers-cancel-lease-NE-Pa-landowners) We do not yet know how this might affect leaseholders in New York, but if you know of anybody with leases with Hess or Newfield, please get in touch.

7/22 Forum in Triangle

Thank you to everyone who helped organize and attended the gas lease forum in Triangle. Much of what was discussed at the forum can be found on our website atwww.fleased.org/resources. Now is a crucial time to organize a forum in your community. Many leases are expiring, and it is important people learn about legal implications before potentially releasing. If you are interested in organizing a forum in your town, please emailrenostry1@gmail.com.

Thanks,

Ren and Ellen

–

July 12, 2013

Upcoming Gas Lease Forum in Triangle/Whitney Point

On July 22, The Concerned Citizens of Triangle will be hosting a Fleased Forum. The forum will take place at 6:30 PM at the Mary Wilcox Library

(2630 Main St, Whitney Point) and will cover lease termination, force majeure, real estate implications, and town bans. Please see attached flyer,

and share with your networks and neighbors.

We hope to see you there,

Ren and Ellen

–

May 31, 2013

Greetings Everyone,

As you may know, some people with Chesapeake and Norse leases have received a letter that claims their lease has been extended by Force Majeure. The November 15, 2012 court decision threw out such force majeure claims. The claim of extension is erroneous  and we would like to support all who received such a letter in getting out of their leases.

We would like to invite anyone who has received a letter claiming force majeure by either Chesapeake, Norse or any other gas company to get in touch with us.  If your lease has expired, we can help you get your lease cancelled.  

If you have received a letter claiming force majeure extension, please send an email to Renostry1@gmail.com and cc Fleasedny@gmail.com. We will need:

1. A copy of your lease

2. Any correspondence between yourself and the gas company

3. A brief note giving the attorney who works with us at no charge permission to act on your behalf (“I would like attorney Joe Heath and Fleased NY to act on my behalf regarding the force majeure claim.”)

Thank you, we look forward to hearing from you!

Ren

–

May 21, 2013

Hi everyone,

On Thursday, May 30, at 7pm, Fleased will be co-sponsoring a forum called Landowners and Gas Leases: What are your rights? Ellen Harrison of Fleased and attorney Joe Heath will be speaking. The event is taking place at St. Matthews Episcopal Church (408 South Main St, Horseheads, NY).

The event is being organized by People for a Healthy Environment, and co-sponsored by Citizens Campaign for the Environment and Citizens for a Healthy Community. We hope to see you there!

For more information, see the attached PDF or our post at http://fleased.org/2013/05/17/upcoming-fleased-forum-may-30-in-elmira/

Thanks,

Ren

–

May 7, 2013

Hi everyone,
Please see below for an upcoming Fleased forum in Chenango County. Please pass the word to others who might be interested.

Informational Forum on Gas Lease Issues to Take Place on March 14th in Norwich

Concerned Residents of Oxford is holding FLEASED FORUM/Chenango County, an informational forum for Chenango County landowners regarding gas lease issues. Landowners in neighboring counties are also invited to attend. The forum will take place on Thursday, March 14th, 6:30 pm, at United Church of Christ, 11 West Main Street, in Norwich. The event is free and open to the public. Note on parking: Please park on street, in public parking lots, or in County Office Building lots, not in Church parking lot.

Geologist and Fleased founder Ellen Harrison and Attorney Joseph Heath, of Fleased.org, will present information on landowner’s rights concerning a range of topics including: the implications of gas leases on insurance coverage, property uses, and mortgages; whether it is possible to sign a “good lease”; how Norse’s Chapter 11 bankruptcy filing affects the leases that they currently hold; lease assignments such as overriding royalty interests and reciprocal capacity agreements and how they impact current leases; and what the recent force majeure decision in Binghamton means for expired or soon-to-expire leases in Chenango County.

Landowners wishing to terminate their gas leases will hear what they need to do to officially cancel a lease at the end of the primary term. Clearing the land records usually falls to the landowner. Landowners who are not in active gas leases are cautioned to check their deed papers to verify if there was ever a gas lease on their property. Even a decades-old lease remains a liability for the current landowner if not properly released by the gas company and filed as such with the County Clerk’s office. Forum attendees will hear what steps can be taken by a landowner in this situation.

Following their presentations, Harrison and Heath will take questions from the audience.

FLEASED FORUM/Chenango County is organized by Concerned Residents of Oxford, and co-sponsored with CDOG and C-CARE.
*    *    *    *    *    *    *    *    *    *    *    *    *

Fleased is also still collecting letters from Chesapeake dated after November 15, 2012 that claim the lease is extended until December 31, 2013 by force majeure. The claim is based on erroneous interpretation and we need your help to persue appropriate action. Please send an email to fleasedny@gmail.com, and cc Renostry1@gmail.com if you have received a letter from Chesapeake.
Thanks,
Ren

–

May 2, 2013

Gas Lease Legal Workshop 

Planned for Deposit Area:

“Did you sign a gas lease before you knew the risks? So did some of your fellow community members.”

Hi everyone,

The Sanford-Oquaga Area Concerned Citizens (S-OACC) is sponsoring an educational workshop to inform you of your legal rights concerning lease termination, force majeure, insurance, and real estate implications should you chose to sell your property. Please join us if you’re interested, and help to spread the work by sharing the attached flyer.

When: Monday May 6, 2013
Time: 6:30-8:30 PM
Where: Deposit Central School auditorium
Who: Presenters Attorney Joe Heath and Founder Ellen Harrison ofFLEASED.org

Thanks, Ren

–

March 20, 2013

Hello everyone,

Thank you to those of you who helped organize or were able to make it to the very well-attended Chenango Fleased Forum on Lease Termination.

If you were unable to make the event, or would like to recap what was discussed, a video is provided online at

http://othervoicesotherchoices.blogspot.com/2013/03/fleased-forum-on-gas-lease-termination.html

At the forum, Fleased founder Ellen Harrison and Attorney Joseph Heath shared information on landowner’s rights and lease termination. Topics included: the implications of gas leases on insurance coverage, property uses, and mortgages; whether it is possible to sign a “good lease”; how Norse’s Chapter 11 bankruptcy filing affects the leases that they currently hold; lease assignments; and what the recent force majeure decision in Binghamton means for expired or soon-to-expire leases.

If you have any questions or comments regarding the forum, please do not hesitate to contact us at FleaesdNY@gmail.com, or 607-539-7133.
Thanks,
Ren

–

March 10, 2013

Greetings everyone,

Please see for a reminder about the upcoming forum, and instructions for landowners who received a Chesapeake letter.

  • INFORMATIONAL FORUM ON GAS LEASE ISSUES:

March 14th in Norwich, 6:30 pm, at United Church of Christ, 11 West Main Street, in Norwich. Please pass the word to others who might be interested. For more information, see:

http://fleased.org/2013/02/25/informational-forum-on-gas-lease-issues-to-take-place-on-march-14th-in-norwich/

  • · INSTRUCTIONS FOR LANDOWNERS WHO RECEIVED A LETTER FROM CHESAPEAKE AFTER NOVEMBER 15, 2012 CLAIMING LEASE EXTENSIONS DUE TO JUNE 2012 AGREEMENT WITH NYS ATTORNEY GENERAL:

Many landowners have received certified letters from Chesapeake after November of last year. These letters make invalid claims that Chesapeake’s “interest in your Lease shall not terminate until December 31, 2013, . . . in accordance with the AOD.”  This Agreement, also known as an Assurance of Discontinuance or AOD, does NOT give the company any right to extend your lease’s primary term, if it has already expired.

Fleased, working with an experienced gas lease attorney, has developed a method for challenging the invalid lease extension claims in these letters: We are prepared to assist landowners in filing consumer fraud complaints with the AG’s office.  Chesapeake’s response to such a complaint recently filed has been to agree to termination of the lease.

Please visit our website for more information: http://fleased.org/2013/03/02/instructions-for-landowners-who-received-a-letter-from-chesapeake-after-november-15-2012-claiming-lease-extensions-due-to-june-2012-agreement-with-nys-attorney-general/

To summarize, we would like to assist you in this process, and need the following from you:

1. A copy of your lease

2. A copy of all correspondence with Chesapeake (Here is a sample)

3. A copy of the consumer fraud complaint form for the AG  filled in to extent

possible and signed. (A template to assist you is provided.)

Send these items to Fleased as soon as possible. You can send them to fleasedNY@gmail.com, but if you cannot get them online then sending a hard copy is acceptable. Please mail to:

Ellen Harrison, Fleased

2050 Ellis Hollow Rd

Ithaca, NY 14850
Thanks,
Ren

–

Jan 13, 2013

 Hi everyone,

Please see below for news regarding

Chesapeake Force Majeure Claim

Some people with Chesapeake leases have received a letter from Chesapeake dated after November 15, 2012 that claims the lease is extended until December 31, 2013 by force majeure based on the NYS DEC on-going environmental review.  The November 15, 2012 court decision threw out such force majeure claims. The claim of extension until December 31, 2013 is based on an erroneous interpretation of the agreement between the NYS Attorney General and Chesapeake.  According to the AG’s office, the agreement “only addresses the fact that they [Chesapeake] will not use the environmental review as a basis to extend any leases past the end of” 2013.  It does not extend leases until that date.

We need to know if you got such a letter from Chesapeake so we can pursue appropriate action.  Please send an email to fleasedny@gmail.com, and ccRenostry1@gmail.com if you have received a force majeure letter after November 15, 2012.

Thanks,

Ren

PS – Fleased is now on Facebook!

–

Jan 4, 2013

Dear Fleased supporter,

Happy New Year in a frack-free New York!

I’m excited to introduce Ren Ostry as a new Project Assistant with Fleased. Look for her name and email in future correspondence.

Sarah Wraight, who provided wonderful support to Fleased, had to move on to another job.  Those of you who had the pleasure of interacting with her know the commitment, intelligence and kindness she brings to all she does. We will miss her.

URGENT: We have one week left to submit comments to the DEC on revised regulations for fracking. The DEC needs to hear a ROAR of comments before the deadline on January 11. Luckily, experts are making detailed comments, and so our job is quantity. Will you commit to sending all seven letters to the DEC? There is no limit per day, or per person!

We have made it really simple to submit comments. Click here to find letters to send to the DEC, each of which focuses on a different section of the regulations as well as an explanation of why the whole process is unacceptable. You simply need to print them out, add your name and address, and mail them in (DEC address is on the letter).

Do you have family and friends who are well-intentioned but unlikely to take action?  Get their permission and send in letters with their names and addresses.  Having comments come from different areas of the state is a great way to show our people-power to the DEC and Governor Cuomo.

Background: For years now, New Yorkers have been taking action to tell Governor Cuomo and the Department of Environmental Conservation that fracking is bad for our health, our land, and our communities. But the DEC has recently published proposed revised fracking regulations illegally, prior to the completion of the dSGEIS and the health impact review.

Not only is the DEC’s process backwards, but the proposed revised regulations are far from acceptable. The DEC has failed to take seriously most of the thousands of comments received on the initial proposed regulations put forward in the fall of 2011.

The number of comments rather than the details of what the comments say is critical.  Experts are making the necessary detailed comments, and our job is to wow the DEC, the Governor and the media with a huge number of comments.  The comment period ends January 11, so we need to act fast.  The clock is ticking.

Thank you for joining us in protecting New York State. When you finish sending in your comment, be sure to sign up for a bus to Albany on January 9! Governor Cuomo will be delivering his State of the State address, and hundreds of New Yorkers will present the DEC with the thousands of comments we’ve collected! Learn more and sign up here.

Ellen and Ren

–

Dec 10, 2012

Hi everyone,

We would like to forward the following important announcement. Please spread the word!

A Public Information Session on

“Responding to New Fracking Regulations”

Monday, December 17 at 7:00 – 8:30 pm

Unitarian Church of Ithaca

306 North Aurora Street, Ithaca

Are you confused about what the NY State DEC is doing about fracking?  Do you wonder what changes have been made in the recently released New Proposed Regulations on shale gas drilling?  Would you like to send your comments to the DEC but aren’t sure about the technical issues and don’t have time to do the research?  Then this is the event to attend.

A panel of speakers will describe

* why the new proposed regulations are important

* the issues they cover and the issues they ignore

* how to frame your concerns most effectively in comments to the DEC

Two of the speakers on the panel will be Dr. Tony Ingraffea and Helen Slottje.

The time period for public comments (at this point) is only 30 days, starting on Tuesday, Dec. 12 and ending on Friday, Jan. 11, 2013.   The new regulations themselves can be found at the DEC website at

http://www.dec.ny.gov/regulations/77353.html

Your voice matters.  We are fortunate in NY that the public has a right to speak up about shale gas regulations, and that laws require the DEC to read your written comments.  Please use your voice.

–

12/8/12

Hi everyone,

In the past few weeks, we have been trying to learn more about the the ramifications of the November 15th US District Court ruling that force majeure does not extend leases. We are very grateful to attorney Joe Heath for providing the following interpretation and guidance.  If you undertake the lease termination procedures described here, please let us know whether or not you are successful by contacting Ellen at fleasedny@gmail.com or 607-539-7133. Learning about the outcome of your efforts will help us to better serve other fleased landholders.

Thanks and happy holidays,
Ellen and Sarah
Forms and instructions for these notice letters are found on the Fleased web site, as well as forms for the Affidavit of Service, which must also be filled out and signed before a Notary Public.

–

11/20/12

Hi everyone,

We’ve received some 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

Happy Thanksgiving,

Ellen and Sarah

–

11/17/12

Hi everyone,

Some important good news came this week:

November 15, 2012 Ruling Throws out Force Majeure Claims

The US District Court, Northern District, found that force majeure does not extend leases.  The claim by gas companies that leases were extended due to the on-going NYS drafting of a Supplemental Generic Environmental Impact Statement (SGEIS) regarding High volume horizontal hydraulic fracturing was challenged in a case filed in April 2011 by more than 50 Southern Tier landowers. Those landowners had leases with Chesapeake that would have expired, but which Chesapeake claimed were extended due to force majeure.

This ruling is a major victory for land owners and against Chesapeake and the other gas drilling companies, because it now lifts the cloud off thousands of leases in NY, whose primary terms have expired, but which the companies had claimed to extend.   These extension claims were clearly and unequivocally denied.

The court ruling clearly rejected Chesapeake’s claim and declared those leases expired.  The full ruling can be found at: http://www.scribd.com/doc/113409103/Aukema-Decision-101512

Northern District of NY (Case 3:11-cv-00489-DNH-ATB Document 78)

Quoting from the decision:

CONCLUSION

“The leases terminated at the conclusion of their primary terms, and defendants cannot invoke force majeure, the doctrine of frustration of purpose, nor the prescribed payments clause to extend the leases. …” ( p. 22.)

Therefore, it is ORDERED that:  “All of the leases are declared expired by their terms; and defendants [Chesapeake and other gas drilling companies] cannot invoke force majeure, the doctrine of frustration of purpose not the prescribed payments clause to extend the leases.”  and:  “Pursuant to New York General Obligations Law section 15–304, the judgment in this case shall be considered ‘a document in recordable form cancelling the leases as of record in the county where the leased land[s are] situated’ and may be filed in the appropriate court and/or county clerk’s office.”  (p. 23.)

Thanks and have a great weekend,

Ellen and Sarah

–

Oct 26, 2012

Hi everyone,

We have some important good news:

  • We recently received word that some gas companies are relinquishing expired leases. To determine whether a gas company has filed a release notice for your lease, visit your county clerk’s office and ask for assistance in navigating their records.  Record systems often vary between counties. For example:

If you live in Tompkins County, you must search for your name and property in the electronic database at the County Clerk’s Office. Then select your Oil and Gas Lease record. When that comes up, you will see a button titled “View Notifications” on the lower right.  Click on that and it will list notifications that have been filed such as whether your lease has been assigned, released, etc. Click on the notification you are interested in and the information will come up.

If you live in Cortland County, you can access all of your records online by visiting http://www.searchiqs.com/ and clicking on “Cortland County.”  The most efficient way to find all documents pertaining to your lease is to search by your name (Last First). If you click on your lease record, you will find links to related documents (including releases) at the bottom of the right sidebar (under the subtitle, “Related”).

  • We would like your help.  Fleased has received requests for referrals to attorneys who have experience with oil and gas leases.  If you have worked with a lawyer who you thought provided good service, please let us know. Contact Ellen at 607-539-7133 or fleasedny@gmail.com

Thanks and have a great weekend,

Ellen and Sarah

–

Sept 8 2012

Hi everyone,

We hope you’re all doing well and enjoying the last weeks of summer!

Responsible Associated Landowners of New York State (REAL NYS) has created a website and a database of New York State landholders who are opposed to hydrofracking.  It is a response to the landowner coalitions that claim to represent New Yorkers.

We urge you to visit their site (http://realnys.com) and join the database (it’s easy!) to show our representatives that although we signed leases, the gas companies and landowner coalitions do NOT speak for us.

We have a handful of reminders and resources for you:

>  Have you purchased a property with a gas lease on it? Make sure that you send a copy of your deed to the gas company. Otherwise, the company may continue sending checks and lease-related communications to the former owner.

>  It can be helpful to talk with friends and neighbors who have also been fleased. You might be able to learn from each other’s experiences navigating the complexities of leases. It’s also good to know that you’re not alone!  If you’re part of a local organization or congregation, reaching out to your fellow members could be a good way to connect with others who are unhappy with their gas leases.
>  Please remember to write your Town Board members and tell them about your predicament as a fleased landholder. They need to know about the challenges you face. You can download a template letter and educational materials from Fleased’s website: http://fleased.files.wordpress.com/2012/08/town-board-packet-august-20121.pdf

Resources

  • If you would like some Fleased brochures, please send us an email (fleasedny@gmail.com) or give us a call (607-539-7133). We’d be happy to mail you some at no cost.

Thanks and have a great weekend,

Ellen and Sarah

–

Aug 9, 2012
Greetings everyone,

We are writing to ask for your help contacting elected representatives to let them know about the challenges that leased landowners face.

It is critical to let your local officials know of your plight as a landowner with a gas lease. Short of a state ban, a local moratorium or ban will be our only protection from the impacts gas exploitation will have on those of us with gas leases.  Pro-drilling forces are pushing towns to enact resolutions favoring drilling.  It is imperative that towns hear from citizens like you.

We have prepared some materials to make it easier for you to reach out and educate your local officials.  A Town Board Packet is provided that includes a template letter, educational resources, and contact information. Click here to download this resource:

http://fleased.files.wordpress.com/2012/08/town-board-packet-august-20121.pdf

Additional information is available on our Resources page. Please share this information with others who have been fleased.

Jenny Canfield, a fleased landowner from the town of Otisco, will be supporting us as we reach out to our town boards. If you have questions or concerns about contacting your representatives, you may reach her at Jencanfarm@gmail.com or 315-569-4888.

Thanks and best wishes,

Ellen and Sarah

–

June 29, 2012

We hope you can join us next Monday in Windsor for:

“Second Thoughts About Your Gas Lease? What You Can Do”

Monday, July 2nd

Doors open at 6:30, program starts at 7:00 PM

Windsor Community House, 107 Main Street, Windsor, NY 13865

Join Joseph Heath, General Counsel for the Onondaga Nation, and Ellen Harrison, founder and director of Fleased,

for an educational presentation on the pitfalls of gas leases and the process of lease termination. 

Suggested $2 donation to go towards the cost of the venue and travel expenses.

 Please share this information with your friends and neighbors!

Thank you,

Ellen and Sarah

–

June 29, 2012

Greetings everyone,

We hope you all are enjoying the official start of summer!  Please note that we have a new mailing address: P.O. Box 27, Slaterville Springs, NY 14881.

We’ve also updated our brochure – take a look:

Color version: http://fleased.files.wordpress.com/2012/06/fleased-brochure-6-6-12.pdf

Black and white version: http://fleased.files.wordpress.com/2012/06/fleased-brochure-6-6-12-final-bw-version.pdf

If you would like hardcopies of Fleased’s brochure to distribute in your area, please send us an email at fleasedny@gmail.com.

Upcoming Events

“Second Thoughts About Your Gas Lease? What You Can Do”

Monday, July 2nd

Doors open at 6:30, program starts at 7:00 PM

Windsor Community House, 107 Main Street, Windsor, NY 13865

Join Joseph Heath, General Counsel for the Onondaga Nation, and Ellen Harrison, founder and director of Fleased, for an educational presentation on the pitfalls of gas leases and the process of lease termination.

Suggested $2 donation to go towards the cost of the venue and travel expenses.

Resources

Recently, it was brought to our attention that Arnold & Porter LLP, a nation-wide law firm that works on behalf of energy companies, has posted links on their website to legal, legislative, and regulatory decisions that relate to the hydrofracking industry. We have not reviewed this material for accuracy, but we wanted to pass it along to you as a possible resource. Please contact us if you have concerns about this document, or if you know of better resources. You can find the Arnold & Porter list at the following website: http://www.arnoldporter.com/practices.cfm?u=HydraulicFracturing&action=view_sub&id=939&parent_id=295

Thanks,

Ellen and Sarah

–

June 21, 2012

Greetings everyone,

Last week, the NY State Office of the Attorney General signed an agreement with Chesapeake Appalachia, L.L.C. A press release about this agreement can be found here: http://www.ag.ny.gov/press-release/ag-schneiderman-announces-landmark-agreement-chesapeake-appalachia-allow-landowners

Fleased has consulted with the NY State Office of the Attorney General and with Joseph Heath, General Council for the Onondaga Nation, to learn more about this agreement and its implications for leased landholders.  We’ve attached to this email the full text of the agreement (“Assurance of Discontinuance”) and an explanatory summary. You can also access these documents on our website at: http://fleased.org/resources/

You should consult an experienced gas lease attorney to determine whether this agreement affects your lease, and if so, how.

Thanks and best wishes,

Ellen and Sarah

–

June 15, 2012

Greetings everyone,

Yesterday, the NYS Attorney General’s Office issued a press release announcing an agreement with Chesapeake Appalachia, L.L.C.

Careful reading of this agreement is needed to understand to whom it applies and what remedies are available.  Fleased is hoping to get a copy of the full agreement and will seek legal interpretation of its application to lessors.  Meanwhile, here is a link to the press release that was issued by the Office of the Attorney General:

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-landmark-agreement-chesapeake-appalachia-allow-landowners

Thanks,

Ellen and Sarah

–

June 2, 2012

Greetings, everyone!

Fleased has been gathering information about the impact of leases on various kinds of insurance. We are working with Senator Seward’s office to organize an information session about how insurance companies are reacting to leases.  The info session will be held in Albany sometime in the next couple weeks. Would you be interested in joining us?  Please respond to this message by the end of the day Monday, June 4th, to let us know if you would like to attend.

Thanks and have a great weekend,

Ellen and Sarah

–

March 17, 2012

Greetings everyone,

We hope this letter finds you well!

Fleased recently developed a new brochure; check it out at:

http://fleased.files.wordpress.com/2012/03/fleased-brochure-3-2-12.pdf

We are pleased to forward the following meeting announcements:

A Gas Lease Workshop for Current, Potential, and Expiring Leases

Sunday, March 18

2pm – 4pm

Sidney Fire Department

74 River Street Sidney, NY

The meeting is free and open to the public, and will feature the following speakers:

Joseph Heath, General Counsel for the Onondaga Nation and environmental attorney

Ellen Harrison, Director of Fleased

Ron Guichard, Realtor

Bring a copy of your lease to learn about its status and terms.

************

When a Home Becomes a Gasfield

Monday, March 19, 2012

7:00–9:00 pm

Newfield Fire Hall

77 Main St, Newfield, NY

Free and open to the public

How does gas drilling change daily life and the land?

Current and former Bradford County, PA residents share their experience.

Thanks and best wishes,

Ellen and Sarah

–

Feb 28,2012

Greetings everyone,

We hope this letter finds you well!  Here are some announcements and updates.

Meetings:

Gas Lease Public Information Forum

Assemblywoman Barbara Lifton will be hosting a public forum to answer landholders’ questions about their gas leases. Speakers will include Attorneys Joseph Heath and Guy Krogh. We hope to see you there!

Thursday, March 8th

7:00 – 9:00 PM

Borg Warner Meeting Room

Tompkins County Public Library

101 East Green Street, Ithaca, NY 14850

Benefit Concert

Natalie Merchant will give a benefit concert at the Forum Theatre in Binghamton on Saturday, March 10th at 7:00 PM. More details are available on the website of the Finger Lakes Clean Waters Initiative: http://goog_2055634062http://fingerlakescleanwaters.org

Additional Resources:

Landholders in Tioga County have filed a lawsuit challenging gas companies’ practice of extending leases through “force majeure” claims. For a news story about the suit against Inflection Energy, click here: http://www.pressconnects.com/article/20120217/NEWS01/202170394/Tioga-gas-drilling-lawsuit-could-set-precedent?odyssey=tab|topnews|text|FRONTPAGE

If you don’t have a copy of your lease and have tried unsuccessfully to get a copy from the gas company, you may file a complaint with the New York State Attorney General’s Office. The form is available online at this address: http://www.ag.ny.gov/bureaus/consumer_frauds/filing_a_consumer_complaint.html

You do not need to fill out all the blanks on the form.

Thanks,

Ellen and Sarah

–

February 2, 2012

Greetings, everyone!

Below is an event announcement for an appearance by NYS Assistant Attorney General Mike Danaher. We encourage you to attend and bring your questions and concerns.

Thanks,
Ellen and Sarah

Landowners’ Rights Regarding Oil & Gas Leases To Be Addressed By NYS Assistant Attorney General

         NYS Assistant Attorney General Mike Danaher will speak on Landowners’ Rights Regarding Oil & Gas Leases at Cornell Cooperative Extension of Tompkins County’s monthly Consumer Issues Program this month.  He will help consumers understand what the terms mean, how to evaluate offers and what negotiating rights the consumer has.  The program will be held on Thursday, February 9th at 11 AM.

Following the presentation consumers will have the opportunity to consult individually with Attorney Danaher regarding consumer issues they have been unsuccessful resolving locally.  This program, which is free and open to the public, will be held at the Cooperative Extension Office at 615 Willow Avenue, Ithaca, NY.

For more information about the program and what information a consumer needs to bring to a consultation call the Consumer HelpLine at 272-2292 weekdays.  No advance registration is required.

–

Jan 8, 2012

Happy New Year!

Here’s to a frack-free 2012! It’s already shaping up to be a busy year in the fight to protect New York from the dangers of hydrofracking.

Take Action

This coming Wednesday, January 11th, is the deadline to submit your comments on the draft Supplemental Generic Environmental Impact Statement (SGEIS). The SGEIS lays out the regulations that the state will follow when issuing drilling permits. We encourage everyone to send a message to the New York State Department of Environmental Conservation. You don’t need to send in a detailed comment; simply registering your concern and having your voice heard is important.

Here are some resources that can help you write comments:

Draft SGEIS: http://www.dec.ny.gov/energy/75370.html

Link to the Draft Supplemental Generic Environmental Impact Statement on the website of the New York State Department of Environmental Conservation

SGEIS Comment Form: http://fleased.files.wordpress.com/2011/12/comment-form2.doc

You’re welcome to use this form to submit your comments.

Fleased’s SGEIS Comments: http://fleased.files.wordpress.com/2011/12/fleased-sgeis-comments-posted.pdf

Click here to read the comments submitted by Fleased.

Meetings

On Tuesday, January 17th, there will be a Natural Gas Informational Meeting

from 7:00 – 9:00 p.m. at Addison High School (1 Colwell St, Addison, NY 14801). Cornell Cooperative Extension of Steuben County will hold an informational meeting on the subject of leasing your property to a natural gas company. In addition to leasing information, a part of the presentation will be on how best to manage any money received from leasing or royalties. For more information, visit:

http://www.putknowledgetowork.com/AgricultureNatural%20Resources/agnewsevent3.htm

If anyone is interested in carpooling, please call Ellen at 607 539-7133 or email fleasedny@gmail.com.

On Monday, January 23rd, people from around NY state will converge on Albany to express their concerns about hydrofracking. At 11:00 AM there will be a rally/press conference in the Well at the Legislative Office Building, and interested individuals will be able to speak with legislators from 1-4 PM. If you are planning to attend, please visit the website of Citizens Campaign for the Environment for more information about the event: http://www.citizenscampaign.org/special_features/fracking/fracking-day-of-action.asp

Additional Resources

We’d like to pass on a news article sent to us by CitizenShale, a citizens’ group from Maryland. Many of us who were “fleased” can empathize with the experiences of our southern neighbors. The article may be found here: http://www.baltimoresun.com/features/green/bs-gr-gas-leasing-20111231,0,1260181.story

Thank you for helping us to make our voices heard!

Best wishes,

Ellen and Sarah

—

12/20/11
Season’s Greetings!
Our website has been updated – please take a look!  We’ve posted some great resources (http://fleased.org/resources), including the following:

  • For those of you who weren’t able to join us for our meeting on December 4th, we’ve posted a link to video of a similar gas lease workshop held in Auburn in May of this year.
  • Homeowners and Leases: Boon or Bust?  – Article by Elisabeth Radow, published in the New York State Bar Association Journal (Nov/Dec 2011 issue)
  • Drilling Doublespeak: Gas Drillers Disclose Risks to Shareholders – But Not to Landowners  – Report published by the Environmental Working Group in December 2011

We encourage everyone to write to the New York State Department of Environmental Conservation with your comments on the draft Supplemental Generic Environmental Impact Statement (SGEIS). The SGEIS lays out the guidelines that the state will follow if/when it issues shale gas drilling permits. The public is invited to comment on the draft through January 11th. You don’t need to send in a detailed comment; simply registering your concern and having your voice heard is important. Here are some resources that can help you write comments:

  • Draft SGEIS: http://www.dec.ny.gov/energy/75370.html   –  Link to the Draft Supplemental Generic Environmental Impact Statement on the website of the New York State Department of Environmental Conservation

Thanks for helping our voice be heard!

Best wishes,

Ellen and Sarah

7 thoughts on “Fleased News Archive”

  1. Pingback: Fleased | Released From Chesapeake?

  2. Pingback: Fleased | How to Determine if a Permit Application Involving Your Land is on File

  3. I think the admin of this site is in fact
    working hard for his website, as here every data is quality based stuff.

    Reply

  4. Pingback: Fleased | The Latest on Norse Energy and the Force Majeure Claim

  5. Hi there! Do you use Twitter? I’d like to follow you if that
    would be ok. I’m definitely enjoying your blog and look
    forward to new posts.

    Reply

Leave a Reply

Fill in your details below or click an icon to log in:

Gravatar
WordPress.com Logo

You are commenting using your WordPress.com account. ( Log Out / Change )

Twitter picture

You are commenting using your Twitter account. ( Log Out / Change )

Facebook photo

You are commenting using your Facebook account. ( Log Out / Change )

Google+ photo

You are commenting using your Google+ account. ( Log Out / Change )

Cancel

Connecting to %s