Fracking Law: From Land Contract Negotiations to Environmental Disputes
Landowners' Rights, Royalty Negotiations and Environmental Remedies in Shale Gas Extractions
Over the past few years the U.S. gas production has shot up, driving down gas prices and facilitating the country's recovery. Shale gas extraction has been the key to this dramatic growth. This unique course offers practical tips for helping landowners take advantage of the industry boom in negotiating with energy companies. Get an overview of the extraction process and a detailed analysis of the key provisions of land leases and royalty agreements. Explore environmental law compliance issues and common legal disputes. Learn what you need to know now – register today!
- Walk through the extraction process and spot red flags along the way.
- Find out what goes into a balanced valuation of the land's yield potential.
- Review samples of key land lease contracts and get practical negotiating tips.
- Explore common extraction site contamination issues, their consequences, and pre- and post-fact legal remedies.
- Hear about the latest case law and industry trends to find out what's next for the U.S. natural resources legal practice.
- Learn how to prevent and handle lease disputes.
- Maintain your ethical reputation with a review of the rules and their real-life application in energy law.
- Resolve dormancy, lease term and clean-up liability issues to make certain your clients get the best representation.
- Hydraulic Fracturing Extraction Process
9:00 - 9:30, Jeanne W. Sopher
- Facilities Construction/Drilling
- Purification/Compression – Processing for Transport
- Site Restoration
- Valuing the Potential of the Land
9:30 - 10:15, Brandon Otis
- Seismic Testing
- Historic Yield of the Area and its Trending: What Documents to Review and Where to Get them
- Gas Prices: Past, Current and Projected
- Potential Difficulties in Extraction: What a Geologist/Engineer/Surveyor Can Tell You
- Other Factors Comprising a Thorough Valuation
- Negotiating Key Contract Provisions
10:30 - 11:15, James A. Pellow III and Jessica L. Sharrow
- Transfer of Ownership: Land Lease vs. Outright Land Sale vs. Mineral Rights Sale
- Term of the Lease
- Rights Granted to Energy Company – Be VERY Specific!
- Rights Reserved for Landowner
- Right to Transfer Ownership
- Access to Water
- Specific Uses of Surface Area
- Easements for Pipelines and Other Distribution Concerns
- Payout Provisions
- Types of Royalties
- Valuation of Royalties: Standard Methods and Considerations
- Payment Schedule and Conditions
- Income Other than Royalties
- Surface and Sub-Surface Damages
- Income Tax Considerations for Landowners
- Red Flags for Landowners and Attorneys
- Review and Analysis of a Standard Form Contract
- Landowner Liability
- Insurance Coverage Issues
11:15 - 12:00, Michael D. Heintzman
- Industry Trends and the Role of State and Local Government
1:00 - 1:45, Jeffrey J. Norton
- The Rate of State Drilling Permits Issuance
- Local Government Issues (Taxes, Negotiations, Moratoria)
- Neighbors Pooling for Stronger Negotiating Position
- Alternative Methods of Extraction (Propane Fracking, etc.)
- Lease/Ownership Challenges and Disputes
1:45 - 2:30, Nicolle R. Snyder Bagnell
- Rights of the Surface Owner vs. Mineral Owner – Accommodation Doctrine
- Mandatory Pooling
- Title Issues and Ownership Disputes
- Property Possession vs. Ownership
- The Effect of Any Financing by the Leasehold Mineral Rights Holder
- Lease Disputes
- Common Issues
- Disputes over Term of Lease
- Habendum Clauses
- Recent Court Rulings on Lease Extension
- Mineral Rights Bequests
- Environmental Concerns and Remedies
2:45 - 3:30, Robert L. Burns Jr.
- Statutory and Regulatory Authority of State and Federal Regulation
- Common Contamination Risks
- Well Casing Leaks and Other Impacts on Groundwater
- Water Supply
- Wastewater Management
- Heavy Traffic Damage
- Silica Dust and Silicosis
- Noise Pollution
- Landowner Liability Concerns
- Corporate Liability – What Happens When the Energy Company Dissolves – Clean-up Cost Allocation
- Preventive Contract Clauses
- Post-Fact Remedies
- Legal Ethics in Energy Law
3:30 - 4:30, David A. Rockman
- Multiple Representation
- Conflicts of Interest
- Attorney Fees
- Protecting Confidentiality