Gas Co. Pushes 2nd Circ. To Undo NY Fracking Loss

Law360, New York (August 22, 2013, 6:52 PM EDT) -- A natural gas company stymied by New York state’s moratorium on fracking asked the Second Circuit Thursday to undo a decision canceling its leases with landowners, arguing that the ban triggers a force majeure provision in the contracts.

A lawyer for Inflection Energy LLC argued before a three-judge panel that its leases with landowners, which were supposed to expire if the company did not start drilling and paying royalties, have effectively been kept open because of the ban.

The company wants the appeals court to reverse...
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