"Rule Of Capture" -- Pennsylvania -- January 24, 2020

Anyone following this story knows that Texas and North Dakota have it right.

We've talked about this issue before. 

"Rule of capture" case in Pennsylvania.

From an August 2, 2011, posting:

The writer of the link from August 2, 2010, has raised a very interesting issue. This brings a whole new question regarding "how do I know a neighbor's well isn't taking oil from my site?"

The Texas Railroad Commission recently upheld / clarified a ruling that says a neighbor cannot sue for oil production / loss from a horizontal that comes right up to the section line.

The commission said that if the neighbor is worried about a neighbor's well taking oil from his/her site, he/she better drill his/her own well. One can argue that the effectiveness of fracking extends only about 500 feet (radius) from the bore hole, and that may be true of the enhanced recovery, but that question will probably be raised.

As noted earlier, the Texas Railroad Commission is similar to the NDIC in North Dakota, and most states follow the rules set by Texas regarding oil / mineral rights. 

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Clean Water Act

Meanwhile, Trump administration redefines jurisdiction of Clean Water Act.  This is another great case in which the former administration clearly overstepped any reasonable boundaries of common sense:

The new rule will apply federal regulation to territorial seas and traditional navigable waters, continuous (perennial) and intermittent tributaries of those waters, adjacent wetlands, lakes or water impoundments connected by surface flows to jurisdictional waters, and ditches that have been dug in wetlands or waterways.

The new rule will not apply federal controls to isolated lakes, ponds and wetlands lacking surface water connections to navigable waters, nor will they be applied to ditches outside wetlands or waterways. Federal regulations also will not apply to “ephemeral” streams, which flow only in the immediate aftermath of rain. Those will be left to states and local governments.

Frank Macchiarola, senior vice president of policy, economics and regulatory affairs at the American Petroleum Institute, issued a statement welcoming the new rule.

Under the former administration, based on my reading of the above, "the Obama interpretation" included trickles of water in my backyard after a heavy rain.