Minerals

News & Analysis as of

New sanctions impose further restrictions on North Korea

The United Nations, the European Union and United States recently expanded sanctions on North Korea, issuing new restrictions which impact the mineral, energy, shipping, banking, finance, and aviation industries. United...more

Draft Mining Charter would restructure BBBEE transactions in the South African mining industry

On 15 April 2016, the Department of Mineral Resources ("DMR") published the draft Reviewed Broad Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 ("Draft Mining Charter") for...more

UN and U.S. Sanctions Target North Korea: Impacts for Asia and Beyond

The United Nations and United States recently took significant new steps to expand sanctions on North Korea, with implications for international banking; shipping and port activities; air transport; energy and mining sectors;...more

Proposed Amendments to BLM’s Planning 2.0 Initiative Could Significantly Impact the Management of Public Lands

On February 25, 2016, the United States Bureau of Land Management (“BLM”) published proposed amendments to its land use planning rules as a part of its “Planning 2.0” initiative that was launched in May 2015. The purpose 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

Minerals – Building Blocks for Energy Resources

Minerals are part of virtually all the products we use every day, acting as the raw materials for manufacturing processes or as the end products themselves. Not surprisingly, minerals also are used in the energy generation...more

Mining in Africa – getting in sync with the cycle

With one third of the world’s mineral reserves and two thirds of the world’s diamond production, Africa should have basked in the era of roaring commodity prices and booming optimism. Over the last decade, Africa’s average...more

New Tax Incentives for Early Stage Investment

On 7 December 2015, the Federal Government released an Innovation Statement which included important tax concessions aimed at making early stage investment more attractive. The concessions are expected to commence from 1 July...more

"SEC Proposes Rules to Implement Resource Extraction Issuer Disclosure Provisions"

On December 11, 2015, the U.S. Securities and Exchange Commission (SEC) released another set of proposed rules to implement the resource extraction issuer disclosure provisions in Section 1504 of the Dodd-Frank Act. The...more

Uranium – A little element with a lot of power

Minerals Make Life – an initiative created by the National Mining Association – has recently developed an infographic summarizing the many benefits of uranium....more

Commenters Weigh in on Proposed Regulations for Determining MLP Qualifying Income

IRS’ proposed MLP regulations generate flurry of specific industry-related comments and spur public hearing. “I’m mad as Hell, and, frankly, I’m not going to take it anymore.” — Paraphrase of concerned citizen and...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

100 subsurface areas of solid minerals and groundwater are auctioned in the Republic of Kazakhstan

The RK Ministry of Investments and Development has approved a list of subsurface areas of solid minerals and groundwater subsurface use rights to which will be auctioned in Kazakhstan. The list includes 100 subsurface areas...more

You Own the Oil. Do You Own the Rock?

Riddle: What’s the difference between a hydrocarbon molecule and the underground structure which the molecule inhabits? Answer: In Texas, you can own one and not the other, according to Lightning Oil Co. v. Anadarko E&P...more

D.C. Circuit Reaffirms That Portions of Dodd-Frank Conflict Minerals Rules Violate First Amendment

On August 18, 2015, the United States Court of Appeals for the District of Columbia Circuit reaffirmed its ruling in National Association of Manufacturers v. Securities and Exchange Commission that portions of the SEC’s...more

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

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