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Hydraulic Fracturing Law  

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This basic-to-intermediate level seminar is designed for attorneys. It will also benefit real estate professionals, oil and gas industry professionals, developers, surveyors, mortgage lenders, and paralegals.


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Seminar Summary:

This unique course offers practical tips for helping landowners and oil companies take advantage of the industry. (see full course description)


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Training Course Syllabus:

Hydraulic Fracturing Law

Rights, Royalty Negotiations and Environmental Remedies in Shale Gas and Oil Extractions
Over the past few years, the U.S. shale gas and oil production has become a major growth industry. This unique course offers practical tips for helping landowners and oil companies take advantage of the industry. 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 who owns the mineral estate and practical tips regarding the oil and gas leasehold.  
  • Maintain your ethical reputation with a review of the rules and their real-life application in energy law.

  1. Hydraulic Fracturing Extraction Process
    9:00 - 9:45, Kevin D. Margolis
    1. Exploration/Testing
    2. Facilities Construction/Drilling
    3. Extraction
    4. Purification/Compression – Processing for Transport
    5. Removal
    6. Site Restoration
  2. Valuing the Potential of the Land
    9:45 - 10:30, Keith C. Ruffner II
    1. Traditional Valuation
    2. Valuation from Oil Company Perspective
    3. Valuation from a Land Owner Perspective
    4. Forced Pooling and Eminent Domain
    5. Checklists for Analyzing and Valuing the Potential of the Land
  3. Oil and Gas Leases 101
    10:45 - 11:30, Nils P. Johnson Jr.
    1. Structure of an Oil and Gas Lease
      1. Landowner Perspective
      2. Driller Perspective
    2. Issues and Litigation
      1. Current and Past
      2. Future
  4. Industry Trends and the Role of State and Local Government
    11:30 - 12:15, Jeffrey R. Huntsberger
    1. The Rate of State Drilling Permits Issuance
    2. Permits
    3. Local Government Issues (Taxes, Negotiations, Moratoria)
    4. Neighbors Pooling for Stronger Negotiating Position
    5. Alternative Methods of Extraction (Propane Fracking, etc.)
  5. Lease/Ownership Challenges and Disputes
    1:15 - 2:15, Michael E. Grove
    1. Who Owns the Mineral Estate?
      1. Mineral Severances and Separate Chains of Title
        1. Which Minerals
        2. Which Formations
        3. For a Stated Term
        4. For the Life of the Grantor
        5. Mineral Reservation/Royalty Reservation
      2. Ohio Dormant Mineral Act (ORC 5301.56)
    2. The Oil and Gas Leasehold: Are You Already Leased (HBP), or Are You Free to Execute a "Fresh Lease" for a Considerable Advanced Rental Payment?
      1. Existing Leases Held by Production
        1. Shallow/Deep Rights
        2. Unitized Acreage
        3. Sputtering Production (How Much is Enough)
        4. Pugh Clause
      2. Affidavits of Forfeiture (ORC 5301.332)
        1. When to Use
        2. When Not to Use
      3. Resolving Disputes
      4. Winning the Battle; Losing the War
  6. Environmental Concerns and Remedies
    2:30 - 3:30, Craig A. Kasper
    1. Statutory and Regulatory Authority of State and Federal Regulation
    2. Common Contamination Risks
      1. Well Casing Leaks and Other Impacts on Groundwater
      2. Water Supply
      3. Wastewater Management
      4. Heavy Traffic Damage
      5. Silica Dust and Silicosis
      6. Noise Pollution
      7. Spills
      8. Others
    3. Landowner Liability Concerns
    4. Corporate Liability – What Happens When the Energy Company Dissolves – Clean-up Cost Allocation
    5. Preventive Contract Clauses
    6. Post-Fact Remedies
  7. Legal Ethics
    3:30 - 4:30, Richard S. Koblentz
    1. Multiple Representation
    2. Conflicts of Interest
    3. Attorney Fees
    4. Protecting Confidentiality

Seminar Summary:

This unique course offers practical tips for helping landowners and oil companies take advantage of the industry. (see full course description)

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