Don't Bet On Force Majeure In NY Oil And Gas Leases

Law360, New York (November 28, 2012, 10:57 AM EST) -- In two precedent-setting cases argued and decided the same day, the Honorable David N. Hurd, a federal district court judge sitting in the Northern District of New York, held that oil and gas leases terminated at the expiration of their primary term and had not been extended upon grounds of force majeure in the face of New York’s more than four-year moratorium on high-volume hydraulic fracturing.

In Aukema v. Chesapeake Appalachia LLC (NDNY, No. 11-cv-489), a number of landowners residing in Broome and Tioga counties alleged...
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