Posts Tagged ‘Attorney’

A lawyer offers sample laws to Back Mountain towns concerned about drilling.

By Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – The Back Mountain Community Partnership was advised Thursday afternoon to separately pass ordinances that may help protect against gas drilling issues.

The partnership is an intermunicipal group composed of Dallas, Franklin, Jackson, Kingston and Lehman townships and Dallas borough.

Attorney Jeffrey Malak, who is solicitor of the group, explained it would be better for each municipality to enact its own ordinances rather than to pass joint partnership ordinances because each municipality has its own unique needs.

Malak provided an example of an ordinance, created by the Pennsylvania State Association of Township Supervisors and the Pennsylvania State Association of Township Solicitors, which addresses height regulations of equipment, setbacks, access roads, wells, tanks and storage.

He also furnished sample dust, noise and light pollution ordinances and a sample road bond agreement. In addition, he provided a copy of Dallas’ zoning ordinance, which restricts drilling to certain areas of the borough and deals with screening and buffering and outdoor lighting issues.

Malak said such ordinances would take in all types of businesses but cannot be specific to natural gas drilling because the Oil and Gas Act of 1984 specifies the state oversees drilling. He stressed a lot of ordinances can be incorporated to help and that the municipalities are not limited to revising their zoning laws.

“We don’t know what’s allowed, what’s not, until we try some different things&hellip.” Malak said. “It’s a very, very complicated issue and like I said, it’s not a one size fits all.”

In other news, Tom Yoniski, a representative for state Sen. Lisa Baker, announced the senator’s office has arranged a meeting regarding gas drilling to be held from 6 to 8:30 p.m. on May 13 at Lake-Lehman Junior/Senior High School.

Yoniski said Penn State University officials will give a presentation on gas drilling. He said that officials from the state Department of Environmental Protection and the Susquehanna River Basin Commission will also attend.

Also, Gas Drilling Awareness Coalition members Karen Belli and Leeanne Mazurick, both of Dallas Township, gave a brief presentation on gas drilling and its impacts on the environment and the community.

Coalition member Audrey Simpson, of Kingston Township, showed a video she created of Dimock Township residents who were negatively affected by gas drilling.

Copyright: Times Leader

A recent study out of Pennsylvania State University has been quoted by the gas industry as predicting that as many as 98000 new jobs may be created in Pennsylvania as a result of increased drilling for natural gas.

The Pennsylvania personal injury Attorneys at Dougherty Leventhal and Price LLP are committed to protecting the rights of workers and their families for injuries or death suffered while working at drill sites. Attorney Thomas Cummings and Attorney Joseph Price will be attending a seminar at the University of Texas which will discuss issues involving gas drilling. Attorney Cummings handles workers compensation claims for injured workers. Attorney Price handles serious/complex personal injury claims involving injury or death. Both Attorney Cummings and Attorney Price have been named Super Lawyers by Philadelphia Magazine.

Any person or family suffering death or injury as a result of gas drilling in Pennsylvania should contact Dougherty Leventhal and Price LLP immediately for a free consultation.

A recent study out of Pennsylvania State University has been quoted by the gas industry as predicting that as many as 98000 new jobs may be created in Pennsylvania as a result of increased drilling for natural gas.

The Pennsylvania personal injury Attorneys at Dougherty Leventhal and Price LLP are committed to protecting the rights of workers and their families for injuries or death suffered while working at drill sites. Attorney Thomas Cummings and Attorney Joseph Price will be attending a seminar at the University of Texas which will discuss issues involving gas drilling. Attorney Cummings handles workers compensation claims for injured workers. Attorney Price handles serious/complex personal injury claims involving injury or death. Both Attorney Cummings and Attorney Price have been named Super Lawyers by Philadelphia Magazine.

Any person or family suffering death or injury as a result of gas drilling in Pennsylvania should contact Dougherty Leventhal and Price LLP immediately for a free consultation.

In an effort to better serve workers and individuals injured as a result of gas drilling and related activities, DLP is pleased to announce that personal injury Attorneys Tom Cummings and Joseph Price will attend a seminar on gas drilling litigation and related issues to be conducted at the University of Texas. Attorney Cummings handles major workers compensation cases throughout Northeastern Pennsylvania and is skilled at advising out of state residents on their rights if injured while working in Pennsylvania. Attorney Price handles major personal injury litigation and has tried cases against large corporate defendants.
It is believed that Attorney Cummings and Attorney Price are the first lawyers form Northeastern Pennsylvania to receive specialized traning in the handling of drilling accidents. Both Attorney Cummings and Attorney Price have been named Pennsylvania Super Lawyers by Philadelphia Magazine.

Paul had worked for a Texas-based natural gas drilling company out of Texas for a number of years. The company started to develop drilling sites in Northeastern Pennsylvania, and Paul was put up at a hotel close to the drilling site. Paul had never had an accident in the ten previous years he had worked, despite doing very physical types of activities while working with the various drills on the sites.

Paul’s good fortune ran out though, and he jammed his hand on one of the drill bits, seriously injuring the hand. Paul’s employer was insistent that since Paul was employed out of Texas and the employer was based out of Texas, that he would have to file his comp claim under Texas law.

Issue: Is Paul’s employer correct?

Answer: No. In Pennsylvania, regardless of where an employer is principally located and/or where a contract for hire was entered into, if an injury occurs in Pennsylvania, then Pennsylvania has jurisdiction and Paul will be entitled to benefits under Pennsylvania law. Pennsylvania’s workers’ compensation benefits are, for the most part, far more generous, and the injured worker is provided far more protection than in other states, especially states in the South and Midwest.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Landowners in Wyoming County get some good protections, attorney says.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

The lease that Chesapeake Energy is offering to Wyoming County Landowners group members is clearly a compromise between landowners and the company, according to an experienced gas-law attorney, but includes “many of the protections that we like to see for landowners are built into this lease.”

Dale Tice, an attorney with Williamsport-based Greevy and Associates who has clients in the Wyoming group, characterized the wording in the lease offer as “very competitive with the leases we’ve seen.”

Tice, whose office has gained somewhat of an expertise in gas law since companies began descending on Lycoming County a few years ago, said he usually disapproves of a five-year re-leasing option being available to companies, but noted that it’s “understandable” why Chesapeake would want that because it’s leasing so much land that it will take years to explore the whole area.

He also said that the $20-per-year fee paid if a well is shut off to eliminate production during a bad market “is as good as they’re going to do.”

While Tice declined to identify negatives in the lease and cautioned that his comments shouldn’t be construed as legal advice, he noted several positives: including in-depth wording to limit production-unit sizes, termination of the lease on land that isn’t part of a production unit, the company’s responsibility to pay property-tax rollbacks on Clean and Green properties and mutual written agreement on placement for wells, pipelines and other infrastructure. Additionally, he said, the lease requires that all infrastructure sited on a property must be tied into gas production at the property.

“There’s always somewhat of a question there because, although the gas company and the landowner must mutually agree in writing as to the location, the gas companies always add some language that says lessors can’t be unreasonable” about siting infrastructure, he said.

Though there is no specific reference to siting waste-deposit wells on the properties, “sometimes,” he said, “if they (landowners) don’t give them (drilling companies) the right, they don’t need to take it out, so to speak.”

The lease is “clearly the product of extensive dialogue between the parties,” Tice said. “I think this does a good job of striking a compromise where the landowner has a lot of good protections worked into it.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Court will hear landowners’ claims that gas companies took advantage of them.

MARC LEVY Associated Press Writer

HARRISBURG — Pennsylvania landowners who want to snatch a better deal from natural gas companies hoping to drill into their ground and the potentially lucrative Marcellus Shale formation beneath it will get the ear of the state’s highest court.

Wednesday’s oral arguments in front of the state Supreme Court are certain to be watched closely for its impact on one of Pennsylvania’s biggest economic opportunities and environmental challenges in decades.

For exploration companies with offices from Calgary to Canonsburg, the decision could either bring a huge sigh of relief or the havoc of renegotiating land leases across the state, possibly throwing the entire gas industry into chaos.

The fact that the court moved quickly to hear the case — and resolve a burgeoning number of complaints in state and federal courts — demonstrates the seriousness of the matter.

“By its actions, I think the court recognizes that this really is an extraordinary issue for Pennsylvania and it’s critically important that it is resolved,” said David Fine, a Harrisburg-based lawyer representing ElexCo Land Services Inc. and Southwestern Energy Production Co.

To some extent, justices will hear plaintiffs’ attorneys tell a story of big corporations taking advantage of unsuspecting landowners, paying them a fraction of the upfront per-acre leasing fee that they later paid to other landowners as competition in the land rush intensified.

“They didn’t know Marcellus Shale from a hole in the wall and they feel the gas companies came in and got them to sell away the rights to their property,” said attorney Laurence M. Kelly, who is representing Susquehanna County landowner Herbert Kilmer and his family.

The real legal question will be whether some tens of thousands of leases were never valid because they violate a state law that guarantees landowners a minimum one-eighth royalty from the production of oil and gas on their land.

The lawsuits are just the latest sign that Pennsylvania’s laws governing mineral rights and environmental protection are lagging behind the large, modern-day industry presence that has descended here.

Dozens of exploration companies and contractors have flocked here since early 2008 from as far away as Houston, Denver, and Calgary, Alberta, in a rush to lock up land rights over the thickest portions of the shale. That rush has eased somewhat since the recession drove down natural gas prices — but the legal disputes have not.

By Fine’s estimate, more than 70 lawsuits have been filed in federal and state courts by plaintiffs seeking a judgment that the leases they signed were never valid.

In general, the leases in question give the exploration company the right to subtract certain costs — such as taxes, assessments or transportation — before paying the 12.5 percent royalty. That violates the law, plaintiffs say.

The law, however, is silent on the meaning of “royalty” and whether it is determined before or after those expenses.

Fine and industry officials say it is standard language in leases to deduct those costs — a contention disputed by landowner advocates in Pennsylvania and elsewhere.

But judicial decisions in two of the cases raised the prospect of a myriad of different legal opinions.

In Susquehanna County, the judge in the Kilmer vs. ElexCo case handed the companies an initial victory, saying the law does not specifically prohibit the subtraction of costs. Kilmer has appealed to state Superior Court.

Separately, a federal judge in Scranton hearing a case against Cabot Oil & Gas Corp. denied a motion to dismiss the case, saying the law’s silence does not necessarily mean the costs can be legally deducted.

Fine decided to ask the state Supreme Court to take up Kilmer vs. Elexco immediately, and effectively settle the matter for everyone.

Still, the high court’s decision could create a new kind of chaos. Records of oil and gas leases dating back to the royalty law of 1979 are kept in county courthouses, often in arcane filing systems, making it nearly impossible to know how many landowners and leases are potentially affected.

“I’m sure that no one person knows,” Kelly said.

Copyright: Times Leader

Tuesday’s program will include presentation on Marcellus Shale and questions from audience.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

The Pennsylvania Council of Professional Geologists will hold a seminar Tuesday on gas drilling in the Marcellus Shale, and it’s prepared to take on even the most technical of questions, from the science of the drilling itself to the legal issues surrounding it.

“We’re going to try to answer those questions,” said Rhonda Hakundy-Jones, the council’s executive director. “We’ve certainly heard those questions before. Some of them don’t have definitive answers; they have, shall we say, a range of answers.”

The deadline to register for the Tuesday event, set at the Quality Inn on Kidder Street across from the Wyoming Valley Mall, has been extended to today and applicants can contact the council to make arrangements if they won’t be able to get the entry fee in on time, Hakundy-Jones said.

The council has a subcommittee that’s been tracking shale-gas issues, she said, and “this was just the next logical step … to provide some of that educational material that we have collected, and our geologic knowledge, and present it to the public. … We are trying to make it a rather broad overview, and it’s geared more to professionals … people with some understanding of regulations in general and science in general.”

The panelists, who include two geologists, an attorney, a laboratory technician and representative of an environmental management company, plan to tackle the issues from an in-depth, technical perspective, Hakundy-Jones said, to explain “what those things are, how they work,” particularly hydraulic fracturing.

Additionally, after a 45-minute presentation and more than an hour for questioning, the event will host an hour-long session for informal discussion during which food will be available.

Hakundy-Jones expects, however, there will be interaction with the audience during the formal sessions as well. “We find that’s a great way to get additional information,” she said.

So far, about 20 people have registered, and she expects that may double.

“There should be plenty of opportunity for people to ask their questions,” she said. “Of course, how often, for example, can you get an attorney’s advice for $50?”

If you go

What: “A Rock ’n Rules Review” of issues concerning gas-drilling in the Marcellus Shale

When: 2:30 to 6 p.m. Tuesday

Where: The Quality Inn on Kidder Street, Wilkes-Barre

Cost: $50

Who: Experts in the various fields involved in drilling will speak on technical topics, then take questions.

For information: Go to: www.pcpg.org/Marcellus_intro.asp for a registration form or call 717-730-9745.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Area group advises residents to be patient, don’t agree to low rates offered by drillers.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

ROSS TWP. – Gas-lease offers might be low, thanks to a lagging economy, but that’s not stopping drillers from proposing them.

Three gas companies are speaking with landowners in Luzerne County, and a fourth – Denver-based Whitmar Exploration Company – is covering leases, according to members of the South West Ross Township Property Group.

“Right now, they’re picking all this low-hanging fruit,” said Ken Long, a member of the group’s executive committee. “People are panicking to sign leases … because they want to get this monkey off their back.”

The in-depth, confusing and potentially disastrous decisions involved with signing a lease weigh on people, he said, and with offers crashing from one-time highs in the thousands of dollars per acre to Whitmar’s current $12.50 per acre, some landowners are eager to get whatever benefit they can and move on.

That, the committee warns, would be a mistake. “It’s not just going to be for today,” said Marge Bogdon, a member of the committee. “If you’re going to hurt your children or your grandchildren by signing a lease today, that’s bad.”

That’s why the committee has decided not to recommend Whitmar’s offer to their members and crafted 10 questions it says will combat “gas-rush fever.”

A large part of the rush is created, they say, by owners afraid they’ll miss out on everything if they don’t sign for peanuts now. Add to that pressure sales tactics levied by the companies, and the committee members foresee an ominous formula for rash, uninformed decision-making. They cite as example a recent missive from Conservation Services, the land-acquisition company employed by Whitmar. Announcing two meetings during which leases could be signed, the letter gave landowners six days to join before the offer was closed. Committee members said they received the notices with only about four days to decide. “If you only have two days to sign a lease, you can’t get a lawyer to look it over,” Bogdon warned.

Mark Stransky, another member of the committee, said he stopped by one of the signing meetings and found it “lightly but steadily attended.” Whitmar’s offer, as presented to the committee, was $12.50 per acre for the first two years, and the company would have the option to drop the lease after each year. In the third year, the company would pay a one-time bonus of $2,500 per acre to lease the land for the next four years.

“People are wondering if this is the only game in town,” Stransky said.

But the truth, the committee contends, is that lease offers will increase, not dry up, as the economy re-emerges, and that companies are likely cashing in on economic fears to score discounted leases. “You can lease with just about anybody,” Long said. “They’re taking everything they can at a really cheap price.”

“They’re coming out of the woodwork now with the Marcellus gas being proven,” Stransky said.

Near the beginning of the year, the group represented roughly 10,000 acres around Ross Township, but the committee members figured they’ve added on several thousand since then. They stress membership is nonbinding, and that landowners can opt out by writing a letter and waiting 10 days.

Though they receive no compensation for their efforts, they’re rewarded, the committee members say, by preventing their community from being spoiled. “If we weren’t part of this community, we wouldn’t be so concerned,” Bogdon said. “This is our home.”

And while they bear no animosity toward the drillers and landmen for their pushiness – “They’re salesmen; that’s their job,” Bogdon acknowledged – the committee members’ local ties, they say, are the best arguments for why their fellow landowners should hear them out. “Who’s going to tell you the truth, the people who are trying to help out the community, or the ones who are trying to make money off you?” Long asked.

10 Questions

If you go

The South West Ross Township Property Group’s executive committee has crafted these questions to help landowners scrutinize lease offers:

Has an attorney versed in oil and gas leases reviewed the lease?

Do I understand in detail exactly what I’m signing?

Are the terms and financial aspects of the lease acceptable, or will I regret signing it later?

Am I signing this lease just because a neighbor did or a landman claims a neighbor did?

Would waiting be more beneficial?

Can I afford to wait?

Does the lease protect everything I want protected?

What does my property owner group think about this lease?

What would my dad say?

Am I being pressured to sign this lease, forcing me to skip over things on this list?

What: South West Ross Township Property Group’s next meeting

When: 7 p.m., Tuesday

Where: Sweet Valley Church of Christ

Why: Dale Tice, an attorney with gas-lease experts Greevy & Associates, will speak.

More info: Call 570-256-4488 for an informative phone message or go to: www.rosstwpgas.com

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Property owners hear about some of the financial complications involved with gas drilling agreements.

Although planning for what to do with gas-lease profits is a problem most people wouldn’t mind having, landowners likely aren’t eager to add paperwork to the already document-laden gas-leasing process.

Experts, however, say protecting the wealth is the same as accumulating it in the first place.

“I’ve seen some horror stories, and if it means going to an attorney and paying a few dollars, it’s worth it,” said Ronald Honeywell, a trust officer with Luzerne Bank who spoke at a seminar on the financial implications of gas leases on Monday evening at Lake-Lehman Junior-Senior High School.

Past seminars on leasing have packed the school’s auditorium, but Monday’s seminar on taxes and investing attracted perhaps 50 people. Presenters admitted that financial topics aren’t often looked forward to but are important nonetheless.

Of particular interest were leasing’s tax implications, such as drilling’s effect on county Clean and Green tax abatement programs. Michelle O’Brien, an attorney with Rosenn, Jenkins & Greenwald in Wilkes-Barre, said drilling would roll back seven years of abatements.

“It’s only fair that the oil company pays that price because they’re the ones kicking you out of Clean and Green,” she said.

However, she pointed out that the company’s payment would likely be a reimbursement, meaning the landowner should be prepared to pay the penalty.

“It sounds like a simple concept, but the money could be a lot of money,” she said, perhaps up to $100,000.

O’Brien also pointed out leases allow landowners to retain control over the location of pipelines and other infrastructure because the property’s marketability could drop depending on where such things are placed.

Even with legal exemption clauses, landowners should retain liability insurance, she said, to cover situations not directly caused by the drilling processes, such as all-terrain vehicles crashes or youths getting hurt on the equipment.

Robert Lawrence, a certified public accountant, explained that the royalties and sign-on bonuses are passive income, similar to rental income, which means they can push landowners into higher tax brackets and impact Social Security or Medicare payments. He suggested that people receiving royalties discuss paying installments on the estimated taxes.

Passing the wealth along creates its own pitfalls, noted Lee Piatt, also with Rosenn, Jenkins & Greenwald. Financial planning and distribution of the proceeds through family corporations or other outlets can avoid some of that, he said.

While it can cause headaches, the increased tax burden can also make some investments more enticing, said Arthur Daube, an investment adviser with Park Avenue Securities. Though their return is low, municipal bonds are tax-free by law, he said, so they can act as havens for profits.

O’Brien also pointed out leases allow landowners to retain control over the location of pipelines and other infrastructure.

Copyright: Times Leader