News & Analysis as of

Mining

Mine Safety Agency Issues Accident Alert On Haul Truck Operations

by Jackson Lewis P.C. on

The Mine Safety and Health Administration issued a “Close Call Accident Alert” after a June 19, 2017, accident involving a haul truck driver. In the incident, MSHA said, a haul truck driver with six weeks of experience...more

Mine Safety Agency Enhances Enforcement Of ‘Rules To Live By’ To Prevent Mining Fatalities

by Jackson Lewis P.C. on

The Mine Safety and Health Administration said it has begun “enhanced” enforcement of its “Rules to Live By” initiative, regulating standards commonly linked to mine deaths, as well as nine underground coal mine exam...more

China Updates New Industry Catalogue - PRC reduces regulatory procedures for foreign investments following its 2016 reforms

On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People’s Republic of China (China) promulgated the 7th updated version of the Catalogue of Industries for...more

Mining in Morocco: a legal snapshot

by DLA Piper on

While the mining industry already plays an important role in Morocco’s economy, representing 25 percent of its exports, the national development strategy set out some lofty goals which include tripling non-phosphate revenues...more

Mine Safety Agency Re-Launches Annual Program To Prevent Roof And Rib Fall Accidents

by Jackson Lewis P.C. on

The Mine Safety and Health Administration said that it is re-launching its annual Preventive Roof/Rib Outreach Program (PROP) to expand awareness among coal miners and mine operators of roof and rib fall hazards. The...more

Quebec Court Rules on the Role of Social Acceptability in the Project Approval Process

On June 21, 2017, the Superior Court of Québec (Court) ruled against Ressources Strateco inc. (Strateco) in a decision that addresses the issue of social acceptability in the context of project approvals in Northern...more

Mine Safety Agency Issues Serious Accident Alert On Safe Handling Of Chemicals

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued a serious accident alert on handling dangerous chemicals, recommending best practices. MSHA highlighted a November 3, 2017, accident in which an explosion occurred when...more

South African Mining Charter 2017

by Dentons on

The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) provides for the Minister of Mineral Resources to develop a broad-based socio-economic empowerment charter (the Mining Charter) that sets out targets for...more

Mine Safety Agency Issues Alert On Coal Truck Dumping Safety

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued a safety alert following the death of a tractor trailer coal truck driver whose truck tipped over earlier this year. MSHA said the driver was driving a tractor trailer...more

New York Court Holds Pollution Exclusion Applicable to Pollution Caused by Covered and Uncovered Causes

In its recent decision in Matter of Midland Ins. Co., 2017 N.Y. App. Div. LEXIS 5065 (N.Y. 1st Dep’t June 22, 2017), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider the...more

Once empowered, but not anymore?

by Hogan Lovells on

Swift, decisive and severe. This was the immediate reaction to the much anticipated third mining charter for the South African mining industry. No sooner had the Minister of Minerals announced, published and brought into...more

Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

by Best Best & Krieger LLP on

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel...more

Mine Safety Agency Launches ‘Training Assistance Initiative’ For Miners With Less Experience

by Jackson Lewis P.C. on

Recent coal-mining deaths have prompted the Mine Safety and Health Administration to launch a voluntary “training assistance initiative” for miners with less than one year of experience in mining or in their current job, MSHA...more

Iran and Russia Sanctions Pass US Senate

by Hogan Lovells on

Last week, the U.S. Senate acted to pass both new Iran and Russia sanctions by large bipartisan margins. The House of Representatives has not yet acted on either piece of legislation. We anticipate that Congress will...more

Publication of Mining Charter 2017 - Where to from here?

by Hogan Lovells on

The publication of the Reviewed Broad-based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 in the Government Gazette on 15 June 2017 (MC17) had and immediate, dramatic effect on...more

Tenth Circuit Finds CERCLA Contribution Claim Not Barred by Bankruptcy Approval of a Settlement Estimating Liability for the Site

Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action, the Tenth Circuit ruled that a mining company, whose...more

With Mining Law Segregation on 10 Million Acres to Expire in Three Months, Interior Forms Sage-Grouse Review Team

by Stoel Rives LLP on

Late Wednesday Secretary of the Interior Zinke signed Secretarial Order 3353 establishing a Sage-Grouse Review Team to review the Obama Administration’s 2015 amendments to federal land use management plans. To avoid listing...more

Arbitration Bribery Corruption and Disputes - it's not as easy as ABCD

by Hogan Lovells on

Foreign Corrupt Practices Act ("FCPA") - For energy, mining, and resources companies, the cost of corruption—and getting caught—is real. Less than two months ago, Odebrecht S.A. was ordered by a U.S. federal judge to pay a...more

Mine Safety Agency Issues Alert For Effective Check-In/Check-Out Systems

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued an alert on the importance of employing an effective check-in/check-out system in metal and nonmetal underground mines that lets employers know how many people are...more

Converting Environmental Liabilities to Assets: Repurposing Inactive and Abandoned Mine and Mineral Processing Sites

by Sullivan & Worcester on

Under the Brownfields Law of 2002, EPA and other federal agencies have established a variety of programs focused on promoting and funding the repurposing of abandoned mine lands (AMLs), broadly defined as lands, waters, and...more

Mining Risks in Latin America: A Changing Landscape (Part 1)

by Zelle LLP on

Latin-America has some of the world’s largest mines. Chile’s Mina Escondida is the largest copper producing mine in the world. Mexico is the world’s largest silver producer. Chile is also posed to become the largest lithium...more

Mine Safety and Health Administration (MSHA) Further Delays Effective Date of New Workplace Exam Rule for Metal/Nonmetal Mines

by Conn Maciel Carey LLP on

On May 22, 2017, MSHA published another extension of the enforcement effective date for its new rule governing the Examinations of Working Places in Metal and Nonmetal Mines, just one day prior to the initially announced...more

Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation...

by Carlton Fields on

Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail...more

Met Coal Still a Hot Commodity But Coal Regulatory Enforcement Resources Have Cooled

by Conn Maciel Carey LLP on

The Wall Street Journal reported this week that metallurgical coal (or “met” coal) remains a sought-after commodity despite the general malaise of the coal industry as a whole. Met coal is a higher-grade coal than the thermal...more

Mine Safety Inspection Rule Delayed to October

by Jackson Lewis P.C. on

The effective date of a Mine Safety and Health Administration rule requiring safety inspections of hardrock mines before workers begin their shifts will be delayed to October 2, 2017. Previously, mine operators were...more

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