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
Chesapeake Exploration, L.L.C. v. Hyder is another hair-splitting Texas decision about “cost-free royalties”.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
Clement Fondufe is a partner at Latham & Watkins and the global Chair of the firm's Africa Practice. In this interview, he looks at some of the challenges facing foreign-owned companies operating in Africa’s mining, oil and...more
One of the avenues rarely discussed for allegations of violations of the Foreign Corrupt Practices Act (FCPA) to work their way to the Department of Justice (DOJ) or Securities and Exchange Commission (SEC) is through good...more
Listed mining and oil & gas companies have less than three months remaining to prepare for compliance with the new Chapter 5 of the Listing Rules. The enhanced reporting regime will be enforced from 1 December 2013....more
The Responsible Sourcing Network has released a paper, the goal of which is to describe the content that certain sustainable and responsible investors, or SRIs, and nongovernmental organizations, or NGOs, expect to see in an...more
The U.S. Department of the Interior's Office of Natural Resources Revenue (ONRR) recently proposed significant changes to federal royalty reporting requirements covering all solid minerals, including coal. The proposed rule,...more
It has long been a rule in Texas that the mineral estate is dominant over the surface estate. This rule has taken on increased importance recently with the shale boom driving increased E&P activity in the state....more
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