Mineral Extraction

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Mineral Matters - Winter 2014

Introduction - Welcome to the latest edition of Minerals Matters and a slightly belated Happy New Year to you all. No doubt as you read this the holiday season seems a long time ago, but hopefully you had the oppor...more

Texas’ Eagle Ford Formation Leads U.S. in Oil-and-Gas Transactions in 2013

In a year where overall upstream oil-and-gas transactions were down significantly from the previous year, the Eagle Ford shale formation in South Texas proved to be an active region for companies looking to make a deal....more

The Eyes of Texas are upon a Subsurface Trespass Case

The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in...more

Pennsylvania Supreme Court Weighs in on Amendments to Pa. Oil and Gas Act

In a recent decision, the Pennsylvania Supreme Court held as unconstitutional several provisions in Act 13, which, in part, amended Pennsylvania's Oil and Gas Act to permit oil and gas operations in all zoning districts....more

Revisiting the Mexican Energy Reform Part 1 of 3

I made an early review of the Mexican Energy Reform. Now it is time to revisit in full. This is part 1 of 3 for a series of posts trying to construe the recently approved Mexican Energy Reform. Despite the political opinions,...more

Dallas City Council Passes Draconian Drilling Ordinance

It was a triumph of hysteria over common sense, a thrashing of science at the hand of ignorance, capitulation to a small but loud minority of NIMBY protestors. The City of Dallas has passed one of the strictest drilling...more

Mining Review -- July 2013: Brazilian Government Introduces New Mining Legislation

After several years of debate, the Brazilian Government tabled in Congress on June 18, 2013 a proposal for a new regulatory framework for its mining sector. This much anticipated initiative contains significant changes to the...more

District Court Rejects Challenge to SEC Conflict Minerals Rule

On July 23, the US District Court for the District of Columbia issued a decision granting the Securities and Exchange Commission’s motion for summary judgment in a challenge to the SEC’s “conflict minerals” rule that was...more

Mining Review -- July 2013: Recent SEC FAQs on Disclosure of Payments to Governments and on Conflicts Minerals

On May 30, 2013, the U.S. Securities and Exchange Commission (SEC) published a list of Frequently Asked Questions (FAQs) to provide guidance on the rule adopted to implement the Dodd-Frank Act requirements to disclose...more

Yours, Mine or Ours? Morgan Clarifies Surface Versus Mineral Ownership in W.Va.

On June 13, 2013, the West Virginia Supreme Court of Appeals (WVSCA) issued its decision in Faith United Methodist Church & Cemetery of Terra Alta, et al. v. Morgan, No. 12-0080, setting forth a clear definition of the term...more

REGULATORY: International Trade: Energy Discrimination And International Rules In Hard Times: What’s New This Time Around, And...

International trade and investment in the energy sector takes place in a framework of treaties based on the conviction that all boats rise on the tide of free trade and underpinned by legal obligations, including the...more

Mineral Claims And The Duty To Consult In Yukon

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

Reforming Australia's mineral and energy resource exploration sector

Removing unnecessary regulatory burdens - Recognising Australia's declining share of international energy and resources exploration investment, the Australian Government has commissioned its independent research and...more

REGULATORY: Mining and Natural Resources; Oil and Gas Regulatory: Deep Seabed Mining Emerges from the Depths By Jeff Perry

As onshore deposits yield lower-grade ores, the comparatively rich grades that have been prospected in subsea deposits beckon miners with appetites for high risks and rewards. Unlike most terrestrial regions, other than a few...more

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