Utah Oil and Gas Lease Dismissal Causes Fallout in Senate

Senate Republicans blocked President Obama’s nominee for deputy Interior Secretary in a statement of opposition to interior secretary Ken Salazar's cancellation of oil and gas leases in Utah. 

David J. Hayes received 57 votes in all, less than the 60 votes needed to move to a final vote. Republicans confirmed they would vote against him to make a statement showing they were opposed to the cancellation of the Utah oil and gas leases. They explained the rejection had nothing to do with Hayes himself. Republicans, including Senator Robert F. Bennett of Utah, are united in their opposition to Hayes' nomination. They insist that the lease options for the oil and gas drilling in Utah should have gone ahead as planned. Last year, the Bush administration auctioned off leases when it was just six weeks away from vacating the White house. 

Oil and Gas Lease DisputeDemocrats promised to bring the nomination to the floor again next week when they are confident it will go through. 

Senator Bennett has been the rallying force behind the opposition to Hayes. According to the Senator, although he believes Hayes is qualified for the job, he wants the Interior Department to review its decision to cancel the oil and gas leases before he drops his objection to the nomination. 

Meanwhile, there is more trouble for Secretary Salazar over his decision to revoke the oil and gas leases. Carbon, Duchesne, and Uintah Counties filed suit against Salazar in Salt Lake City, claiming that they stand to lose millions of dollars in oil and gas royalties from his decision to revoke the lease.

In addition to the three counties, three drilling companies - Impact Energy Resources LLC, Questar Exploration & Production Company, and Peak Royalty Holdings LLC filed a separate lawsuit against Salazar. Lawyers for the drilling companies claim the secretary was misinformed, and none of the pieces of land are closer than 15.5 miles to a national park. Also, Questar is disputing claims made by environmentalists that the drilling would encroach on wild areas.

With Salazar’s office insisting he will review his decision only when his deputy is confirmed, and Republicans insisting Salazar must review the decision before Hayes is confirmed, they are stuck at a stalemate. Oil and gas attorneys have been following the confirmation proceedings with interest, and will wait to see who blinks first.

 

 

 

Utah Oil and Gas Lease Holders Appeal Interior Secretary's Reversal Decision

Bidders who were upset when Interior Secretary Ken Salazar reversed the decision to grant oil and gas leases near Utah's Arches and Canyonlands National Parks, are joining forces to appeal the decision.

After the Bush administration sold the leases in December, Salazar claimed the sells were rushed through. The leases are on properties near Utah's Nine Mile Canyon and two of its popular national parks; Salazar insisted that the Bureau of Land Management should not have sold the leases. Oil and Gas AttorneyThe bidders, some of whom paid high prices for the valuable leases, were, predictably, not pleased when the 77 leases were revoked back in December. Now, they are taking concrete steps to get back their lease. At least a dozen of the bidders have filed appeals with the Interior Board of Land Appeals. The Interior Secretary's office is not making the process easy for the bidders, however. Salazar's decision cannot be appealed to the board, it appears, and the Interior Secretary's office has asked the bidders to take their cases to a federal court.

The Southern Utah Wilderness Alliance, which opposed the grant of the lease and welcomed Salazar's decision, insists that the Bush administration rushed through to grant the leases before their time in office was up. Environmentalists hailed the decision to reverse the leases, which they claim have the potential to destroy pristine land, but the bidders are not willing to part with their leases without a fight.

Oil and Gas Royalties Disputes

Oil and gas leases are not ordinary business contracts. They differ greatly from regular business documentation and are drafted by special lawyers called oil and gas lease attorneys. These contracts include inclusion of specifics like royalty rates and water rights. Also, these contracts cover environmental issues including clean up responsibilities and removal of drilling equipment after production.

If you are involved in a dispute over oil and gas royalties and have questions about your rights, an oil and gas lease attorney can help answer your questions. Contact an oil and gas lease attorney at Arnold & Itkin LLP for a free evaluation of your dispute.