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Commitments and Contingencies
9 Months Ended
Sep. 30, 2011
Commitments and Contingencies [Abstract] 
COMMITMENTS AND CONTINGENCIES
10. COMMITMENTS AND CONTINGENCIES
Contingencies
Deep Bossier litigation: On July 23, 2009, we made a payment of $25.5 million and took assignment of substantially all working interests that had been held by Chesapeake Energy Corporation in an approximate 50,000 acre area of Leon and Robertson Counties, Texas in the Deep Bossier play. We had exercised our preferential right to purchase these interests from Gastar Exploration Ltd. in late 2005, but Gastar and Chesapeake had opposed this and Chesapeake took record title until we finally and conclusively prevailed, and in 2008 a Texas court of appeals directed that specific performance take place. In early 2009, the Texas Supreme Court denied the defendants’ request to hear the appeal. As a result, we were able to take working interests in over 30 producing wells and participate in further development of the area, primarily with EnCana, but also with Gastar. A subsequent payment to EnCana of $15.2 million plus purchase accounting adjustments of $3.8 million brought the total cost of the acquisition to $44.5 million. While the ownership of these interests has been decided by the courts, we are pursuing other claims against Chesapeake; Chesapeake is claiming an additional $36.5 million of past expenses from us. Discovery is ongoing and the case is set for trial on April 24, 2012. We are unable to express an opinion with respect to the likelihood of an unfavorable outcome of this matter or to estimate the amount or range of potential loss should the outcome be unfavorable. Therefore, we have not provided any amount for this matter in our consolidated financial statements at September 30, 2011.
Ted R. Stalder, TRS LP, Richard Hughart, and Richmar Interests, Inc. v. Texas Energy Acquisitions, LP: On May 24, 2011, the plaintiffs brought suit against us for breach of contract, common law fraud, fraud in a real estate transaction, declaratory relief, money had and received, an accounting, and injunctive relief related to the deferred purchase price for oil and gas properties in two purchase and sales agreements dated December 23, 2008. A temporary restraining order (“TRO”) was entered against us on May 24, 2011. At a July 7, 2011 hearing on the temporary injunction, the court recommended that the parties enter into an agreed temporary injunction regarding payment of disputed amounts into the registry of the court. The parties are still in the process of negotiating the agreed temporary injunction. On July 28, 2011, we filed a motion for partial summary judgment on the plaintiffs’ fraud claims, which is currently set for hearing on November 17, 2011. We intend to contest the matter vigorously. We are unable to express an opinion with respect to the likelihood of an unfavorable outcome of this matter or to estimate the amount or range of potential loss should the outcome be unfavorable. Therefore, we have not provided any amount for this matter in our consolidated financial statements at September 30, 2011.
Environmental claims: Management has established a liability for soil contamination in Florida of $978,000 at September 30, 2011 and $943,000 at December 31, 2010, based on our undiscounted engineering estimates. The obligations are included in other long-term liabilities in the accompanying consolidated balance sheets.
Various landowners have sued Meridian (along with numerous other oil companies) in lawsuits concerning several fields in which Meridian has had operations. The lawsuits seek injunctive relief and other relief, including unspecified amounts in both actual and punitive damages for alleged breaches of mineral leases and alleged failure to restore the plaintiffs’ lands from alleged contamination and otherwise from Meridian’s oil and natural gas operations. We are unable to express an opinion with respect to the likelihood of an unfavorable outcome of the various environmental claims or to estimate the amount or range of potential loss should the outcome be unfavorable. Therefore, we have not provided any amount for these claims in our financial statements at September 30, 2011.
Due to the nature of our business, some contamination of the real estate property owned or leased by us is possible. Environmental site assessments of the property would be necessary to adequately determine remediation costs, if any. No accrual has been made other than the balance noted above.
Title/lease disputes: Title and lease disputes may arise in the normal course of our operations. These disputes are usually small but could result in an increase or decrease in reserves once a final resolution to the title dispute is made.
Other contingencies: We are subject to legal proceedings, claims and liabilities arising in the ordinary course of business. The outcome cannot be reasonably estimated; however, in the opinion of management, such litigation and claims will be resolved without material adverse effect on our financial position, results of operations or cash flows. Accruals for losses associated with litigation are made when losses are deemed probable and can be reasonably estimated.
We have contingent commitments to pay an amount up to a maximum of approximately $5.9 million for properties acquired in 2008 and prior years. The additional purchase consideration will be paid only if certain product price conditions are met. We cannot estimate the amounts that will be paid in the future, if any, or the fiscal years in which such amounts could become due.
Drilling rig: Included in our acquisition of Meridian was a contractual obligation for the use of a drilling rig, which expired in February 2011. Meridian and Alta Mesa were not able to fully utilize this rig during the contractual term; however, we were obligated for the dayrate regardless of whether the rig was working or idle. The operator, Orion Drilling, LP (“Orion”), sought other parties to use the rig and agreed to credit Meridian’s and Alta Mesa’s obligation, based on revenues from third parties who utilized the rig when it was not utilized under the contract. We had provided approximately $9.8 million for the liability under this drilling contract and under a similar rig contract which had previously expired and was also underutilized.
On May 19, 2011, we fully settled this liability with a payment of $8.5 million to Orion, and recorded a gain on contact settlement of $1.3 million in the second quarter of 2011.