Lawsuit Accuses Gas, Oil Companies of Fraud

A class-action lawsuit has been filed in U.S. District Court in Wheeling alleging two companies engaged in fraud and breach of contract.

The State Journal
21 October 2010

By Linda Harris, Ohio Valley Correspondent

Range Resources Appalachia LLC and Duncan Land & Energy Inc. have been named in a class-action suit filed in U.S. District Court in Wheeling charging them with fraud and breach of contract in their dealings with landowners in the Mountain State.

Backwater Properties LLC and Vance River Terminal Inc. filed the lawsuit. Both are Monongalia County companies that leased oil and gas rights to Range Resources, which is headquartered in Fort Worth, Texas, through Pittsburgh-based Duncan, a leasing facilitator. Between 500 and 1,000 West Virginians fall into the class, the lawsuit alleges.

The suit alleges Range conspired with Duncan to offer landowners above-market bonuses and royalties subject to an approval period of 90-180 days. The complainants accuse the company of using the approval period to gauge spot prices for oil and gas "to determine whether the offers would preserve the desired profit margin" and voided any deals wherein price drops would make it unprofitable for them to honor the agreements.

According to the lawsuit, the signed leases discouraged competition and prevented landowners from contracting with other companies, with the built-in approval period allowing them to renegotiate contracts or jettison them altogether if spot prices fell.

Range spokesman Matt Pitzarella, however, said the company's envoy made no secret of the need to get management approval of any lease agreement. Up to the point where Range management signed off on a lease, he said property owners were and are legally entitled to negotiate with other companies.

"All of our leases require management approval, it's written right on the contract," he said. "There was late in 2008 a dramatic decline in natural gas prices and because of that, coupled with geologic conditions -- what we believe to be the quality of the (area) plus geographic conditions -- we decided that some leases did not receive final management approval. That included some in West Virginia. Those folks were free to negotiate with other companies then, as they are today. They could always negotiate with someone else because they didn't have a final agreement."

He said Range determined geologic conditions and gas prices made executing those leases "not in Range's interests."

"We believe we did everything within the bounds of the law," Pitzarella said. "We communicated our actions at that time with residents. We let them know if we weren't going to finalize or execute agreements. We certainly wished them all the best in finding another company to lease to. Another company might look at the property and make a different determination then we did, and those people certainly could sign a lease with them."

A spokesman for Duncan Land & Energy could not be reached.