Abstract

AbstractA federal court sitting in New York's “natural gas patch” recently answered the question of whether the Empire State's pending moratorium against “fracking” constituted a force majeure event that would forestall the expiration of drillers' leasehold rights. While deciding that the current ban against fracking was not such an event and thus did not extend the drillers' rights, the decision provides a crucial lesson in the workings of this ancient legal doctrine, as it collides with a more modern controversy that we have recently dealt with in these pages.

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