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 â€“ 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.
- Hydraulic Fracturing Extraction Process
9:00 - 9:45, Kevin D. Margolis
- Facilities Construction/Drilling
- Purification/Compression – Processing for Transport
- Site Restoration
- Valuing the Potential of the Land
9:45 - 10:30, Keith C. Ruffner II
- Traditional Valuation
- Valuation from Oil Company Perspective
- Valuation from a Land Owner Perspective
- Forced Pooling and Eminent Domain
- Checklists for Analyzing and Valuing the Potential of the Land
- Oil and Gas Leases 101
10:45 - 11:30, Nils P. Johnson Jr.
- Structure of an Oil and Gas Lease
- Landowner Perspective
- Driller Perspective
- Issues and Litigation
- Current and Past
- Industry Trends and the Role of State and Local Government
11:30 - 12:15, Jeffrey R. Huntsberger
- 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
1:15 - 2:15, Michael E. Grove
- Who Owns the Mineral Estate?
- Mineral Severances and Separate Chains of Title
- Which Minerals
- Which Formations
- For a Stated Term
- For the Life of the Grantor
- Mineral Reservation/Royalty Reservation
- Ohio Dormant Mineral Act (ORC 5301.56)
- 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?
- Existing Leases Held by Production
- Shallow/Deep Rights
- Unitized Acreage
- Sputtering Production (How Much is Enough)
- Pugh Clause
- Affidavits of Forfeiture (ORC 5301.332)
- When to Use
- When Not to Use
- Resolving Disputes
- Winning the Battle; Losing the War
- Environmental Concerns and Remedies
2:30 - 3:30, Craig A. Kasper
- 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
3:30 - 4:30, Richard S. Koblentz
- Multiple Representation
- Conflicts of Interest
- Attorney Fees
- Protecting Confidentiality