Minerals

News & Analysis as of

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

Ohio Oil & Gas Lease Disputes

I. General Provisions – “Mineral Rights” - A. Under Ohio law, the term “mineral” generally includes oil and gas unless the language in the granting instruments suggests the parties intended otherwise. Kelly v. Ohio...more

“Houston, We May Have a Problem!” — Surface Owner Who Put up “Roadblock” to Oil Driller’s Use of Property to Service Wells in a...

The Texas Supreme Court’s anticipated ruling in the case of Key Operating Equipment Inc. v. Will Hegar and Loree Hegar could significantly impact the ability of oil and gas producers to gain access to wells that are part of...more

Domestic Mineral Processing and Beneficiation in Indonesian Mining Sector

Introduction and Background - As participants in the Indonesian mining sector continue to consider the implications of the 2009 mining law requiring certain types of in-country processing and beneficiation, the...more

Louisiana Court of Appeal Rejects Plaintiff's Attempt to Join Claims of Contamination of Separate Parcels with Different Lessees...

The Third Circuit Court of Appeal in Louisiana issued an opinion on December 11, 2013, that may have a profound impact on litigation related to contamination from historic oil and gas exploration and production operations in...more

Indonesian government imposes partially eased ban on ore exports

The Indonesian government had been due to enforce an effective ban on the export of unprocessed mineral ores from 12 January 2014. It now appears that the ban will be more restricted than originally planned and aimed...more

Adoption Of Bill 70 Amending The Mining Act: Overview Of Amendments

After several failed attempts at reforming the Mining Act, on December 10, 2013 the National Assembly finally adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). Bill 70 draws upon a number of the measures...more

Beware, The Stealthy Duhig Rule

Johnson v. Finkle, from North Dakota, centers around the long-standing but oft-forgotten headache that is the Duhig doctrine. If you aren’t familiar, you should be. ...more

A River Runs Through It: North Dakota Supreme Court Finds State Government Owns Minerals In Disputed "Shore Zone"

The North Dakota Supreme Court issued an opinion last week resolving a constitutional question of public vs. private ownership of mineral interests in the area between the high and low water marks along navigable waters...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

TSX Staff Notice Guidance Impacts IPO Plans

On November 7, 2013, the Toronto Stock Exchange (“TSX”) issued a Staff Notice to Applicants, Listed Issuers, Securities Lawyers and Participating Organizations (“Staff Notice”) that provides guidance for companies considering...more

With new law, Mongolia opens to investors

The Great Hural, Mongolia’s Parliament, has ratified a new investment law, already in effect since November 1, that dramatically alters the investment landscape in Mongolia. The new investment law is one of the first...more

Legislative Update Report No. 2013-21 -- Nov 12, 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Litigation Risks in Texas Are Reduced –The Merits of New Trial Orders by Texas Courts Are Now Subject to Appellate Review

Significant oil and gas exploration and development has occurred and continues to occur in South Texas. Whenever an injury, death, or environmental damage results from these operations, a defendant energy company have often...more

Conflict Minerals Disclosures are Due in May – Will You be Ready?

As required by the Dodd-Frank Act of 2010, the Securities and Exchange Commission (SEC) adopted new rules for all public companies and foreign private issuers that use conflict minerals. The conflict minerals rules require...more

Recent Developments: Mozambique—What Legal Options are Available to Investors in Oil, Gas and Mineral Resources?

Recent developments in Mozambique, including the announcement on October 21, 2013, by opposition party RENAMO (Mozambican National Resistance) that it would no longer abide by the 1992 peace pact that ended years of civil war...more

MEMR Issues New Regulation on Procedures for Divestment, Share Pricing and Changes to Investment in Mineral and Coal Mining...

Introduction On 13 September 2013, the Indonesian government (through the Minister of Energy and Mineral Resources (the “MEMR”)) demonstrated its ongoing determination to implement the divestment requirement of the 2009...more

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