Tuesday, February 28, 2012

Regarding the Corn Valley Drilling Site

Force Majeure (developing story...stay tuned)

Joe Pool Lake Dam and Spillway 

An oil and gas lease generally [but not always] includes a force majeure clause. Such agreement relieves the lessee from liability for breach, if the party's performance is impeded as the result of a natural cause that could not have been anticipated or prevented.
This Act of God must completely prevent performance and must be unanticipated. Courts often construe this clause very strictly and rarely enforce it. For example, a tornado preventing performance in Oklahoma would not trigger the force majeure clause, since tornadoes are a common occurrence in Oklahoma.[emphasis added]


  1. Rather than a "Force Majeure," Chesapeake should be writing Letters of Apology for endangering so many lives by drilling and fracking so near a USACE Dam. More on this very soon...promise.

  2. I'm still waiting for a letter of apology for that mishap on April 11, 2011 when our home filled with gas from the Fulson Pad Site at 2:00 in the morning. In lieu of an apology, I received an e-mail from Chesapeake blaming the strange odor from their gas release on wild fires in another county. Refusing to own up to your mistakes and placing blame on others must be in their employee training handbook. Rule # 1: NEVER APOLOGIZE AS THAT WOULD ADMIT WRONG DOING.


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