Potential Litigation Against Nornew, Inc./ Norse Energy Corp/ Hartz Energy Holdings, LLC and Empire State Development Partners, LLC.
D ear Landowner,
Do you have an expired oil & gas lease the above gas & oil companies are claiming has been “extended”? If so, we would like to help you.
Coughlin & Gerhart, LLP is representing landowners in connection with a contemplated lawsuit against the above identified companies. The goal of the lawsuit is to have a Court declare that these leases are expired and no longer valid, so you are free to do with your property as you wish.
Coughlin & Gerhart has successfully represented landowners against oil & gas companies making similar claims. While prior results do not guarantee a similar outcome, we believe we can help you.
We understand from many of our current clients that these companies are sending out letters to landowners, claiming that the expired leases are extended due to “force majeure”. Their claim is based upon Governor Paterson’s July 23, 2008 directive for the update of the state’s Supplemental Generic Environmental Impact Statement (SGEIS), and the subsequent halt of permitting for high volume hydrofracking in the Marcellus shale by the Department of Environmental Conservation. Because of these actions, the companies claim that the leases are extended. We believe they are wrong and your land should be free from the leases.
Coughlin & Gerhart is also aware that you recently received Court papers from lawyers representing Norse Energy called “Notice of Motion (1) To Assume All of Debtor’s Oil & Gas Leases and Right of Way Agreements or (2) For an Extension of Time to Determine Assumption or Rejection”, which were filed in the Western District of the US Bankruptcy Court. It was from this document, in Exhibit A, that we obtained your name and address.
Coughlin & Gerhart is representing some landowners before that Bankruptcy Court to fight the “assumption” of the leases, so as not to jeopardize our client’s rights to contest the leases. If you wish to contest the lease extensions, you should file formal objections with the Bankruptcy Court immediately. Our firm obtained an extension of the deadline to file such Objections. If you do not object, the Bankruptcy proceedings could jeopardize your rights to contest the validity of claimed lease extensions at a later time.
The most cost-effective way to fight the lease extensions made by these companies is to assemble a group of landowners, all with the same issue (ie: those with expired leases, wrongly being extended). The more people who join, the lower the individual legal costs.
To discuss moving forward in a group lawsuit, including the process for filing an Objection in Bankruptcy Court, you are invited to a meeting at our Kirkwood Office, located at 99 Corporate Drive, Binghamton, New York 13904 on April 17, 2013 at 6 pm.
We ask that you bring: (1) The enclosed questionnaire (filled out), (2) a copy of your fully executed lease, and (3) any other letters or papers you received from the oil and gas companies .
We are working under deadlines, so it is important that you attend this meeting if you are interested in learning more about how you can contest these lease extensions.
If you are interested and cannot attend, mail your questionnaire, lease and other papers before April 17, 2013 to: “Coughlin & Gerhart, LLP, P.O. Box 2039, Binghamton, New York 13902-2039.”, or by email to: mpritchard@cglawoffices.com. We will contact you with further information. Again, there is no obligation by simply mailing us your questionnaire.
Thank you for your consideration.
Sincerely,
COUGHLIN & GERHART,LLP
By Robert R. Jones Partner
