On February 13, 2013, The West Firm took an important step in righting a wrong in New York State concerning the authority of lessees to declare force majeure and extend the term of their leases based upon the highly extraordinary circumstances associated with the 4 1/2 year ban on high-volume hydraulic fracturing in New York State. In a case entitled Beardslee v. Inflection Energy, et al., The West Firm filed a brief before the United States Court of Appeals for the Second Circuit explaining the reasons why the lower court decision and judgment should be reversed. Tom West, leading the team at The West Firm concerning this appeal, said: “When operators are prevented from developing oil and gas resources because of extraordinary regulatory developments, like those in New York State, they should have the right to have their leases extended. We are optimistic that the judges in the Second Circuit Court of Appeals will give this issue a fresh look and are hopeful that they will recognize the merits of this appeal.”
Click here to read the Brief.