Mineral Extraction

News & Analysis as of

SEC Rules for Resource Extraction Issuers Could Lead to Increased FCPA Scrutiny, Disclosures

New rules issued by the U.S. Securities and Exchange Commission (SEC) that require resource extraction issuers to disclose payments made to U.S. and foreign governments for the commercial development of oil, natural gas or...more

Tenth Circuit Drills Down Into Roots Of Moral Hazard, Comes Up Dry

Moral hazard (one of this blog’s preoccupations) usually comes up in disputes over the scope of coverage under an insurance policy. But state legislatures often address it, too—for example, by imposing limits on agreements...more

California Environmental Law & Policy Update - July 2016 #5

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

Securities and Exchange Commission Issues New Rule on Extractive Industry Transparency

On June 27, the Securities and Exchange Commission (“SEC”) issued a new rule requiring extractive sector companies (oil, gas, and mining) to disclose the payments that they make to governments for the commercial development...more

SEC Declines To Define “Mineral” In Resource Extraction Rule But Then Defines It Anyway

As reported by Broc Romanek yesterday, the Securities and Exchange Commission adopted (again) a resource extraction rule. Congress had ordered the SEC to adopt a rule by April 17, 2011. After belatedly adopting a rule, the...more

SEC Adopts Resource Extraction Rules

Responding to a court order, the SEC adopted rules to require resource extraction issuers to disclose payments made to governments for the commercial development of oil, natural gas or minerals. The rules, mandated by the...more

Your daily dose of financial news - The Brief – 6.28.16

Continuing Brexit coverage: With the pound in freefall and markets going haywire, leaders on both sides of the Brexit debate in the UK signaled today that Britain hopes to stay in the EU marketplace, while some in Parliament...more

The Accommodation Doctrine Gets Its Feet Wet

Let’s start with a little background: Under the Accommodation Doctrine an oil and gas lessee has an implied right to use the land as reasonably necessary to produce and remove the minerals, but must exercise the right with...more

Gas Company May Challenge Local Ordinance Prohibiting Deposit of Flowback Water into Underground Injection Wells

A Federal Magistrate Judge in Pennsylvania has ruled that an oil and gas exploration company may challenge a township ordinance that makes it unlawful to deposit flowback water into underground injection wells within the...more

Decision Permits Rejection of Midstream Agreements in Bankruptcy

Decision establishes framework for future rulings that covenants in midstream agreements do not run with the land. On March 8, Judge Shelley C. Chapman of the US Bankruptcy Court for the Southern District of New York...more

Proposed changes for mineral, oil and gas corporations listing in Malaysia

The Securities Commission of Malaysia (SC) published a consultation paper regarding its proposed policy on the admission of mineral, oil and gas (MOG) exploration or extraction corporations or assets to the main market of...more

Minerals Matters - Winter 2016

Welcome to the latest edition of Minerals Matters and the first one of 2016. Last year was, on the whole, positive for the sector. We had the drama of the UK General Election and the surprisingly decisive outcome which...more

NIOSH and OSHA Issue Hazard Alert on Health and Safety Risks in Oil and Gas Extraction

On February 11, 2016, the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) announced newly identified health and safety risks to workers who manually...more

North Dakota Supreme Court Announces a Test for the Paying Quantities Requirement

In Fleck v. Missouri River Royalty Corp., the North Dakota Supreme Court outlined the test that should be used to determine whether a well is producing in paying quantities to satisfy the habendum clause. That test involves...more

National Instrument 43-101 and Early Production Decisions: What are the Rules and What are the Risks?

Most mineral projects that proceed to commercial production do so on the basis of certain advanced technical studies. The key milestone is usually a feasibility study which demonstrates, among other things, the existence of...more

SEC and Amnesty International Seek En Banc Rehearing of Decision in Ongoing Conflict Minerals Court Battle

On Friday, the SEC and Amnesty International each filed petitions seeking a rehearing en banc of the August 2015 panel opinion of the U.S. Court of Appeals for the District of Columbia Circuit regarding the conflict minerals...more

Blog: SEC To Issue Final Dodd-Frank Resource Extraction Disclosure Rule By June 2016 (Maybe)

As noted in this Law 360 article and in this thecorporatecounsel.net blog , on Friday, the SEC filed a Notice of Proposed Rulemaking in the U.S. District Court for the District of Massachusetts in connection with Oxfam...more

Pennsylvania Appeals Court Reverses Lower Court Decision and Allows a Natural Gas Well Project to Proceed in a Residential...

On September 9, 2015, Judge Mary Leavitt of the Commonwealth Court of Pennsylvania reversed the Court of Common Pleas of Lycoming County’s ruling, which had set aside the Board of Supervisors of Fairfield Township’s (the...more

$1-Billion Committed to Development of Quebec’s Mining, Hydrocarbon Industries

The Quebec government has recently announced that the Capital Mines Hydrocarbon fund (CMH Fund), the purpose of which is to acquire equity interests in mining and hydrocarbon projects in Quebec, is officially in effect. The...more

UK Shale Gas - Going all out for Shale

As part of a package of measures to kick-start the shale gas industry in the UK, the UK government issued a joint Written Statement by DECC and DCLG on 16 September 2015 containing a new shale gas and oil policy. This policy...more

EPA Seeks Comment on National Enforcement Initiatives

On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

A Busy Summer for Environmental and Land Use Law

In the past three months, we have witnessed a breathtaking series of decisions from the U.S. Supreme Court, the Connecticut Supreme Court, and the California Supreme Court that have provided important rulings and...more

EPA Requests Comment On Fiscal Year 2017 – 2019 Enforcement Priorities

EPA on September 15, 2015, announced its National Enforcement Initiatives (NEIs) for its Fiscal Years (FY) 2017 – 2019 and requested comment on them. 80 Fed. Reg. 55352. EPA selects enforcement initiatives every three years...more

US District Court Orders SEC To Revise Resource Extraction Issuer Rule

On September 2, the US District Court for the District of Massachusetts ordered the SEC to file with the District Court in 30 days an expedited schedule for promulgating a final resource extraction issuer disclosure rule as...more

46 Results
|
View per page
Page: of 2
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×