REASONS THE COMPANIES’ FORCE MAJEURE CLAIMS
ARE NOT VALID:
1. THEY ARE NOT PREVENTED FROM DRILLING OR GETTING
PERMITS;
a. ONLY FROM HIGH VOLUME, HORIZONTAL FRACKING
IN THE MARCELLUS;
b. USING THE SHORT CUT–SGEIS
2. THEY CAN STILL:
a. DRILL VERTICAL WELLS;
b. FRACKING INTO ANY OTHER ROCK FORMATION;
c. USE A LONG FORM ENVIRONMENTAL STATEMENT &
FULL SEQRA REVIEW FOR MARCELLUS
3. WHY HAVE THEY WAITED ALMOST 3 YEARS TO NOTIFY:
a. PATERSON–June 2008
4. THEIR LETTERS DO NOT SPECIFY WHAT THEY ARE
PREVENTED FROM DOING TO FULFILL CONTRACT
5. THEIR “SHOTGUN” APPROACH–
a. SENDING TO EVERYONE
b. EXACT SAME LETTER,
c. EVEN TO THOSE WITH NO FORCE MAJEURE CLAUSE
IN LEASES