Minerals

News & Analysis as of

Chinese Arbitration Award Affirmed In Mineral Company Dispute

The court ruled that ACC Resources is bound by an arbitral award issued by the China International Economic & Trade Arbitration Commission (“CIETAC”). The award required the mineral company to pay its supplier, Calbex Mineral...more

Guide To Doing Business in Australia: Minerals Exploration & Mining (Updated)

MINERALS EXPLORATION AND MINING: Minerals exploration and mining is a very important industry in Australia. Australia has significant reserves of minerals including iron ore, coal, gas, uranium, nickel, gold and rare...more

News Alert: "Treasury Department Issues MLP Proposed Regulations on Qualifying Income"

On Wednesday (May 6th, 2015), the Treasury Department published proposed regulations under Section 7704(d)(1)(E) of the Internal Revenue Code that define qualifying activities of publicly-traded partnerships with respect to...more

MLP Qualifying Income – Treasury and IRS Issue Proposed Regulations

On May 5, 2015, the Department of the Treasury and the Internal Revenue Service (IRS) issued proposed regulations that provide much-anticipated guidance on the scope of qualifying income under Section 7704(d)(1)(E) of the...more

IRS Proposes Guidance for Determining MLP Qualifying Income

Proposed regulations seek to provide rules for determining MLP qualifying income from certain activities and services performed with respect to minerals or natural resources. On May 5, 2015, the Internal Revenue...more

Listen to the Words In the Injunction Battle

In Lightning Oil Company v. Anadarko E&P Offshore, LLC, the surface and 1/6 of the minerals of the Chaparral Wildlife Management Area is owned by the Texas Parks and Wildlife Department. 5/6th of the minerals is owned by the...more

Minerals Matter - Autumn 2014

Welcome to the latest edition of Minerals Matters. Whilst the economic picture has certainly improved over the last six months, there have been a number of stops and starts along the way. Data suggests further...more

UPDATE: Examination Of Title To Unpatented Mining Claims

For purposes of “discovery” of a valuable mineral deposit, the Interior Board of Land Appeals (IBLA) has recently held that the “prudent man” test does not require that Bureau of Land Management (BLM) consider the current...more

Delay Strikes Down Another Plaintiff

Why am I always reporting on plaintiffs who wait too long to file their lawsuit? In the latest Texas case, Trahan v. Mettlen, the Trahans sued in 2010 on a 2006 warranty deed....more

Mining & Metals: Opportunity & Risk — Weathering the bottom of the cycle

Weathering the bottom of the cycle - Even the global resources giants have been forced to look inwardly and restructure more than just their business strategies in order to cope with the pressures of the prolonged...more

Ohio Appeals Court Finds Leases To Be Valid

On September 26, 2014, the Ohio Court of Appeals for the Seventh District issued its opinion rejecting a trial court opinion in a statewide class action that had invalidated thousands of oil and gas leases based on a commonly...more

Monumental Effort By Some To Comply With Conflict Minerals Rule: Is It Helping Or Hurting?

For some companies, compliance with the SEC’s conflict minerals rule required a truly monumental effort. According to this article in the WSJ, one company identified over 38,000 suppliers– pause on that a moment: thirty-eight...more

Zinc: It's Not Just for Lifeguards

Minerals Make Life - an initiative created by the National Mining Association - has recently developed an infographic explaining the importance of the mineral zinc....more

Chinese Magnesite Producers Antitrust Class Action Complaint Dismissed

On July 24, 2014, the district court in Animal Sci. Prod., Inc. et al. v. China Nat’l Metals & Minerals Imp. and Exp. Corp. et al., Case No. 2:05-cv-04376 (D.N.J.), dismissed direct purchaser plaintiff’s Amended Complaint...more

U.S. House Hearing Supports Legislation for Development of Domestic Minerals (H.R. 761)

On Wednesday, July 23, 2014, the U.S. House of Representatives Subcommittee on Energy and Mineral Resources held an oversight hearing, titled "American Metals and Mineral Security: An examination of the domestic critical...more

Rooting Out Conflict Minerals

If your company manufactures consumer electronics, avionics, or any product incorporating even trace amounts of gold, coltan, cassiterite, or wolframite— including their derivatives, tantalum, tin, and tungsten—you may need...more

Putting Structure and Function Into Context for USPTO Patent Subject Matter Eligibility Guidance

The USPTO’s ”Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, and Natural Products” has been criticized for requiring a product to be markedly different in...more

Oil & Gas, Mines & Minerals – Security under the Alberta Builders’ Lien Act

When registered in accordance with the Alberta Builders’ Lien Act (BLA), a builders’ lien provides security for unpaid contractors, labourers and suppliers who have “improved” lands. This includes those providing materials or...more

New Disclosures Required Regarding Subsurface Rights In Florida

On May 12, Florida Governor Rick Scott signed into law CS/CS/CS/HB 489, regarding subsurface rights disclosures. The bill creates a new Section 689.29, Florida Statutes. Beginning October 1, 2014, a seller of residential...more

Trade & Manufacturing Alert - May 2014

In This Issue: - United States And Japan Hit Bumps On The Road To TPP Agreement - Senate Commerce Committee Passes Manufacturing Bill - WTO Panel Finds China's Export Restraints On Rare Earth Minerals Violate Trade...more

Construction Aggregate Production Rebounds in California; Gold Production Declines

On April 29th, the California Geological Survey (CGS) released production data from 2012 indicating that the production of construction aggregate (sand, gravel and crushed stone) increased for the first time since 2007 in...more

SEC Staff Issues Statement on Effect of Court Decision on Conflict Minerals Rule

On April 29, 2014, the SEC Division of Corporation Finance (the “Division”) issued a statement on the effect of a recent decision by the US Court of Appeals for the District of Columbia Circuit (the “Court”) on the SEC’s...more

Ministerial Might – ICAC Opens the Door for Increased Oversight of NSW Tenement Dealings

The New South Wales (NSW) Government has recently introduced the Mining and Petroleum Legislation Amendment Bill 2014 (NSW) (Bill) in the Legislative Assembly. The Bill proposes to amend the Mining Act 1992 (NSW) (Mining Act)...more

A Cost-Free Royalty Clause That Works – Part One

Chesapeake Exploration, L.L.C. v. Hyder is another hair-splitting Texas decision about “cost-free royalties”. ...more

Proposed EU Legislation on Conflict Minerals Published

On 5 March, the European Commission (“the Commission”) published its long-awaited draft legislation on conflict minerals. The proposal for a regulation setting up a Union system for supply chain due diligence...more

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