The present March, 2012 guidelines for drilling in the Marcellus and Utica shale formations can be located at:  http://www.epa.ohio.gov/LinkClick.aspx?fileticket=jjLCRT-0flc%3d&tabid=5339

These guidelines contain relatively few specific regulations applicable to well construction.

The new regulations applicable to well construction and related issues may be viewed at:  http://www.registerofohio.state.oh.us/pdfs/1501/9/1/1501$9-1-08_PH_RV_N_RU_20120404_1004.pdf 

These new regulations may provide landowners and regulators with specific standards that can provide improved protection for the environment and surface use of leased lands.  These new regulations include the adoption of industry standards, which can be viewed at:  http://www.registerofohio.state.oh.us/pdfs/1501/9/12/1501$9-12-01_PH_RV_N_RU_20120404_1004.pdf   

This new rule making also includes amendment of the current regulations on definitions:  http://www.registerofohio.state.oh.us/pdfs/1501/9/1/1501$9-1-01_PH_RV_A_RU_20120405_1131.pdf, and permitting:   http://www.registerofohio.state.oh.us/pdfs/1501/9/1/1501$9-1-02_PH_RV_A_RU_20120404_1004.pdf

Our firm is currently involved in assisting landowners who are having problems arising from oil and gas exploration and well exploitation.

Stewart D. Roll is a firm principal and member of the Ohio State Bar Association Natural Resources Committee.

On March 20, 2012, oil and gas company Duck Creek Energy, Inc. filed a lawsuit against Ms. O’Dell and Ms. Aini alleging claims for defamation, tortious interference with business relations and tortious interference with prospective business relations.  The allegations of Duck Creek Energy, Inc.’s complaint all relate to Ms. O’Dell’s and Ms. Aini’s expression of concern regarding the environmental and health impact of their municipality’s use of a road deicing product manufactured by Duck Creek Energy, Inc.  According to the Ohio Department of Natural Resources, the deicing product called AquaSalina™ is a saline product derived from brine produced at oil and gas wells. 

On March 23, 2012, Ms. O’Dell and Ms. Aini filed a counterclaim against Duck Creek Energy, Inc. alleging that Duck Creek Energy, Inc.’s lawsuit is an abuse of process and was filed to accomplish an ulterior purpose for which it was not designed, to wit, to intimidate, harass and otherwise stop Ms. O’Dell and Ms. Aini from exercising their First Amendment Rights.  As fully set forth in the counterclaim, the most recent analysis of AquaSalina™ provided to the Ohio Department of Natural Resources confirms that AquaSalina™ contains benzene, a known human carcinogen, in an amount of 7.04 ppm and the maximum allowable level of benzene in drinking water pursuant to Environmental Protection Agency regulations is 5 ppm.

The counterclaim further attaches an email from the Mayor of Brecksville to another concerned citizen stating that “WE DO NOT USE DUCK CREEKS AQUA SALINE PRODUCT… we will not, not ever.” The counterclaim further attaches meeting minutes from the Service Committee meeting of the City of Broadview Heights in which the City determined that it “would no longer purchase AquaSalina for use on road salt” because “Benzene is a cancer causing chemical.”

Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA and Parker Waichman LLP intend to vigorously defend Ms. O’Dell and Ms. Aini against Duck Creek Energy, Inc.’s unabashed attempt to stifle their clients’ First Amendment Rights to petition their government regard the use and dispersal of AquaSalina™ on municipal roadways and other driving surfaces and the potential environmental and health effects such dispersal may have.

For more information regarding hydraulic fracturing lawsuits and the law firms of Parker Waichman LLP and Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA, please visit: www.yourlawyer.com and www.climacolaw.com.

Plaintiffs, on behalf of a class of AT&T and/or former SBC DSL customers, allege that AT&T and/or SBC breached its contracts with and defrauded some of its customers by capping the DSL speed that some of its customers could obtain below the maximum promised speed for the plan the customer purchased.  Plaintiffs also allege that AT&T and/or SBC breached its contract with and defrauded some of its customers by delivering speeds lower than the minimum promised speed under the customer’s plan.  AT&T strongly denies the allegations, asserting that where speed limitations were used they were proper and enable a more stable Internet service, and that other reductions in DSL speeds often resulted from factors (such as inside wiring or equipment issues) outside of AT&T’s control.  AT&T has agreed to settle to avoid the cost and burden of further litigation.

Recognizing the uncertainties and burdens of litigation, the parties agreed to compromise and reached a settlement of all claims.

The settlement provides claimants with cash benefits between $2 and $8 per month (with the number of months tied to individual situations) and further provides for “remediation” obligations and “non-capping” injunctive relief for a period of three years.  A copy of the settlement, which provides details regarding the terms, can be found at https://dslspeedsettlement.com/.

All documents filed in the litigation can be found in the courts’ files in Ohio and Missouri, and all such documents speak for themselves.

According to its website, Super Lawyers® selects attorneys using a rigorous, multiphase rating process.  Peer nominations and evaluations are combined with third party research.  Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.  Selections are made on an annual, state-by-state basis.  The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.

For more information, please visit www.superlawyers.com.

Most American homeowners hold a mortgage loan and ninety percent of all residential mortgage loans are sold into the secondary mortgage market.  Mortgage lending favors low-risk activity on its mortgaged properties.  Fannie Mae, Freddie Mac and the Federal Home Loan Banks establish lending guidelines for appraisers and underwriters that dictate whether a home is a worthy investment.  Because of this, many lenders including Bank of America, Wells Fargo, Provident Funding, GMAC, and others are imposing large buffer zones around the home as a condition to the loan or not granting a mortgage at all for those property owners who have entered into gas leases.  As more lenders continue to connect the “no hazardous activity” clause in the mortgage with the increase in uninsurable events from residential fracking, this trend will only continue to increase.  If homeowners with gas leases cannot mortgage their property, they likely cannot sell their property either as any potential purchaser will likely need mortgage financing to fund the purchase.  The inability to sell one’s home may represent the most pervasive adverse impact of residential fracking.

If you are a party to an existing gas lease or have been approached with a proposal to lease your property for hydraulic fracturing, and would like to discuss your contractual rights and/or the implication of execution of a proposed gas lease, please contact Scott D. Simpkins or David M. Cuppage at 216-621-8484.

The rule applies whether or not there is a union in place. In general, this rule will apply to any employer that would otherwise be subject to federal labor law when certain minimum jurisdictional monetary sales standards are met.

The posters will be similar to those required by other federal agencies, except that they must be 11” x 17”. They will be available for free from the NLRB or from their website. The text of the new posters will state the following:

EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board (NLRB), the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied below, if you have any questions about specific rights that may apply in your particular workplace.

Under the NLRA, you have the right to:

Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.

Form, join or assist a union.

Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.

Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.

Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.

Strike and picket, depending on the purpose or means of the strike or the picketing.

Choose not to do any of these activities, including joining or remaining a member of a union.

Under the NLRA, it is illegal for your employer to:

Prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in nonwork areas, such as parking lots or break rooms.

Question you about your union support or activities in a manner that discourages you from engaging in that activity.

Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity.

Threaten to close your workplace if workers choose a union to represent them.

Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support.

Prohibit you from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances.

Spy on or videotape peaceful union activities and gatherings or pretend to do so.

Under the NLRA, it is illegal for a union or for the union that represents you in bargaining with your employer to:

Threaten or coerce you in order to gain your support for the union.

Refuse to process a grievance because you have criticized union officials or because you are not a member of the union.

Use or maintain discriminatory standards or procedures in making job referrals from a hiring hall.

Cause or attempt to cause an employer to discriminate against you because of your union-related activity.

Take adverse action against you because you have not joined or do not support the union.

If you and your co-workers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement.

Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the NLRB promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by the employee directly affected by the violation. The NLRB may order an employer to rehire a worker fired in violation of the law and to pay lost wages and benefits, and may order an employer or union to cease violating the law. Employees should seek assistance from the nearest regional NLRB office, which can be found on the Agency’s Web site: http://www.nlrb.gov.

You can also contact the NLRB by calling toll-free: 1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (1-866-315-6572) for hearing impaired.

If you do not speak or understand English well, you may obtain a translation of this notice from the NLRB’s Web site or by calling the toll-free numbers listed above.

The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).

This is an official Government Notice and must not be defaced by anyone.

Should you have any questions concerning this or other labor/employment related matters, please contact David M. Cuppage, Esq., at 216-621-8484.