The Shale Play Today - Second Quarter 2016

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In This Issue:

A National Energy Plan: Should We Have One? Do We Have One? If So, Is It Working?

Before ultimately answering the questions posed in the title above on a National Energy Plan, in full disclosure it should be noted that I have been employed by and/or have been an investor in oil, natural gas, coal and solar. The same applies for two railroads, CSX and NS, which hauled a lot of the aforementioned products or their supply chain components to market. Therefore, with this background significantly informing my decisions on energy matters, I fully believe in and have worked and invested in an "All of the Above Energy Strategy."

The Shale Bankruptcy Boom Moves Midstream:

The shale boom has given rise to another, less welcome boom: the bankruptcy boom. Thirty-five exploration and production ("E&P") companies sought bankruptcy protection between July 1, 2014, and December 31, 2015, and this appears to be only the tip of the iceberg. According to Deloitte, 35 percent of the approximately 175 publicly traded E&P companies, with a total debt of $150+ billion, are at risk of requiring bankruptcy protection within the next year...

What's Mine, Is Yours: Adverse Possession Against the Co-Owner in West Virginia:

The question of whose land is whose in West Virginia is as old as the Appalachian Mountains. When it comes to natural gas titles and possession, one must take heed. Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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