If you thought the earth beneath your feet was solid; think again.  Land owners and energy industry prospectors are busy in Eastern Ohio, West Virginia, New York and Pennsylvania looking for pockets of natural gas embedded in the Marcellus Shale buried deep beneath the surface.  Named for the town where it all started, Marcellus, New York, a once difficult shale to drill has been transformed by advances in drilling technologies making it possible to drill and capture the natural gas deposits hidden within.  A virtual natural gas rush has ensued and energy companies are leasing mineral and subsurface rights from land owners throughout the Marcellus Shale region.  

As we all know "there is no free lunch."  The technique used to force the natural gas out of the shale and up to the surface is called "fracking."  It is a process by which water, chemicals and sand are pumped into the earth.  In the process, claims of contamination of the underground water resources are being raised.  Be vigilant and do not just sign the form lease the energy company presents to you.  Make sure you give attention to the potential damage and future costs the drilling can cause.  Everyone is entitled to benefit, including the environment !

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Brad Kaplan

Brad assists Owners, Operators and Receivers of Hotel, Office and Industrial properties with their Real Estate, Finance, Leasing, Construction and Organizational challenges; specifically, negotiating and drafting hospitality, purchase, sale, financing, leasing, construction, franchise and management agreements. He has in the past and presently…

Brad assists Owners, Operators and Receivers of Hotel, Office and Industrial properties with their Real Estate, Finance, Leasing, Construction and Organizational challenges; specifically, negotiating and drafting hospitality, purchase, sale, financing, leasing, construction, franchise and management agreements. He has in the past and presently serves as general counsel and national real estate counsel to several domestic and internationally based public and privately held companies. Brad represents foreign businesses doing business in the United States and U.S. businesses doing business abroad; and is a former Chairman of World Services Group (www.worldservicesgroup.com) an international consortium of legal and other professionals. Brad has achieved the highest rating, AV Preeminent®, from Martindale-Hubbell®. He is an active member of the Illinois Bar and maintains an office in both the firm’s Cincinnati and Chicago offices. Brad is the editor of the Real Estate Advisor Law blog, a tool that highlights articles and observations of Ulmer & Berne attorneys on various trends and opportunities affecting the commercial real estate and construction industry, and is a frequent speaker on internet and social media issues.