New Mexico Enacts 98 Percent Gas Capture Rule
After two years of rulemaking, and more than a year of public comments, on Thursday, March 25, 2021, New Mexico’s Oil Conservation Commission (OCC) unanimously approved new regulations on natural gas emissions that require New Mexico operators to capture 98 percent of natural gas emissions by 2026 and prohibit venting or flaring, except in the case of emergencies or equipment failure. The rules, originally proposed by the New Mexico Oil Conservation Division of the Energy Minerals and Natural Resources Department (EMNRD), regulate emissions of methane and other volatile organic compounds and require operators to report natural gas releases throughout the supply chain, including leaks in wells, pipelines, and gathering stations. The regulations go into effect on April 1, 2022, and require operators to file quarterly reports with state regulators. In 2019, Governor Michelle Lujan Grisham issued an executive order, forming the Climate Change
Task Force and requiring state agencies to find ways to reduce greenhouse gas emissions and address climate change. The EMNRD rulemaking intends to mitigate ozone pollution caused by oil and gas emissions while also addressing waste from the oil and gas industry. If you have questions about how these regulations might affect your business, please contact the author of this alert.
About the Author:
Blake C. Jones OF COUNSEL
Blake Jones focuses his practice in the areas of energy and mineral title law. He has extensive experience in the review of leases, title opinions, curative documents, joint operating agreements, and other documents to determine mineral title ownership.
Phone: (281) 203-5730 Email: blake.jones@steptoe-johnson.com
Title Examination
Update
Curing Title with Affidavits PART I INTRODUCTION
The following definitions will be used throughout this article unless otherwise noted: “ Affidavit ” - The Texas Government Code, § 312.011. Definitions (1) provides the following: “Affidavit” means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. “ Jurat ” - Black’s Law Dictionary defines the term as: The clause written at the foot of an affidavit stating when, where and before whom such affidavit was sworn.
Title opinions and affidavits. Both title attorneys and landmen have long used and relied on affidavits to “cure” title defects found in the examination of fee simple title to lands located in Texas. This paper will examine the legal and practical underpinnings of affidavits and attempt to answer the question - Can an affidavit, by itself, “cure” or resolve a title issue raised in a title opinion? (HINT - Of course not. The affidavit is only as good as the truth and veracity of the underlying facts, if any, set forth therein.)
A. DEFINITION OF “AFFIDAVIT”
1.
Statutory Definitions
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G r o w t h T h r o u g h E d u c a t i o n - A p r i l / M a y / J u n e 2 0 2 1
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