Tuesday, December 19, 2006 3:32:00 PM
Clarification:
RE: "Also, if you go to the EPA page you will get the basics on environmental liability. The entire point of this liability lesson is that contrary to localoil’s statement, no landholder nor lessee will be released from liability by leasing, subleasing, assigning or any other transfer to BDGR. Thus, localoil's conclusion that the transfer of ownership or rights in property to BDGR to avoid liability is wrong."
I did not address the landowner's liability. My point was that the liability for spills originating from a lease is the responsibility of the OPERATOR, and not the responsibility of the mineral owner, the royalty owner or the landowner, all of which can be different, except for a case such as an operator producing lands they own in fee (ie, own the surface and minerals), but still, they have the operator's liability.
RE: "Also, if you go to the EPA page you will get the basics on environmental liability. The entire point of this liability lesson is that contrary to localoil’s statement, no landholder nor lessee will be released from liability by leasing, subleasing, assigning or any other transfer to BDGR. Thus, localoil's conclusion that the transfer of ownership or rights in property to BDGR to avoid liability is wrong."
I did not address the landowner's liability. My point was that the liability for spills originating from a lease is the responsibility of the OPERATOR, and not the responsibility of the mineral owner, the royalty owner or the landowner, all of which can be different, except for a case such as an operator producing lands they own in fee (ie, own the surface and minerals), but still, they have the operator's liability.
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