The Unusual Consequences of a Fracking Ban

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normanalderman Sep 1, 2011 4:23 pm	The Unusual Consequences of a Fracking Ban The Unusual Consequences of a Fracking Ban: Talked to a knowledgeable realtor today about fracking and discovered that we have a classic "Brer Rabbit and the Brian Patch" syndrome going on. Once the gas companies have their lease they are locked into a certain time period but if a ban is placed on fracking the leases are merely extended until the government removes the ban. The good point for the gas company is that the time period for the extension costs them nothing. The landowner who leased the property doesn't get one penny for. Its like a "Get Out of Jail Free card" for them. They get free time for the extension. Now here's the catch: Pocahontas County doesn't have the infrastructure ready for gas production and probably won't for some time. There are many areas close to the county which are far richer. So the gas companies probably would love to have a ban so that they wouldn't have to pay for any drilling costs until they have exploited all the "cheaper" areas. Like Brer Rabbit who said about the briar patch they he professed to detest so much: "Born in a briar patch." All is not easy as it may seem. Beware a ban! That's what the gas companies want!
normanalderman Sep 1, 2011 4:24 pm	Re: The Unusual Consequences of a Fracking Ban Force majeure (French) or vis major (Latin) "superior force", also known as cas fortuit (French) or casus fortuitus (Latin) "chance occurrence, unavoidable accident",[1] is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (such as hurricane, flooding, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract.[2] However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces (for example, predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.
Martin Saffer Sep 1, 2011 7:33 pm	Re: The Unusual Consequences of a Fracking Ban I will look at this point with interest but at the outset I wonder if a ban is "an act of God" as implied by the notion "force majeure" and as importantly what is the context consequence of this term within the leases which has been agreed upon as between the parties.
Martin Saffer Sep 2, 2011 9:04 am	Re: The Unusual Consequences of a Fracking Ban Also to consider is the question does banning hydro-fraction mean a ban on gas drilling per se and what was contemplated or stated in the contracts as to the methods of extraction.

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