On March 26, 2020, a 5.0 magnitude earthquake was recorded in West Texas. Centered approximately 27 miles from the city of Mentone, the activity was located about 3 miles deep, was felt as far as El Paso, and is now the largest recorded earthquake in West Texas. The Mentone area recorded an additional 5 smaller earthquakes in the 4 days prior to the 5.0 being felt. As of the date of this writing, the West Texas area recorded 10 earthquakes over the past week and 28 over the last 30 days, all registering between four to eight (4 to 8) km deep.1
The Trump administration has recently repealed the 2015 Clean Water Rule and replaced it with the Navigable Waters Protection Rule, effective December 23, 2019. In doing so, the new rule has changed certain aspects of the 1972 Clean Water Act (“CWA”). When Congress passed the CWA, it established that all “waters of the United States” or “WOTUS” would be under federal protection, with WOTUS commonly been defined or understood to be “navigable waters”1 in the United States of America. However, there has historically been various levels of debate and uncertainty as to what waters are truly protected under the CWA.
Where a deed conveys more mineral interest than what was owned at the time of the transaction, and contains either a warranty clause, or in some instances, a special warranty clause, what recourse do the parties to this transaction have?
Traditionally, oil and gas development has been centered around vertical drilling. As the industry has grown, horizontal drilling is rapidly replacing the old ways. With the increase in horizontal drilling practices, the industry now finds itself in a hydraulic fracturing boom.