News & Analysis as of

Mining

Trump Administration Rulemaking Process to Redefine Scope of Clean Water Act – How Your Company Can Participate

by Dorsey & Whitney LLP on

One of the most difficult and costly aspects of developing mining projects in the United States is the permitting requirements under the Clean Water Act (CWA). The Trump administration is currently undertaking a rulemaking...more

MSHA Reopens Rulemaking on Workplace Examination Standard and Proposes to Delay Effective Date

On September 12, the Mine Safety and Health Administration (MSHA) published in the Federal Register two proposed rules on Examinations of Working Places in Metal and Nonmetal Mines, reopening the rulemaking to consider two...more

Mine Safety and Health Administration (MSHA) Delays Effective Date (Again) and Proposes Limited Changes to Final Rule For...

by Conn Maciel Carey LLP on

Mine operators will not have to comply with MSHA’s much anticipated final rule for the Examinations of Working Places in Metal and Nonmetal Mines by October 2, 2017, as the rule’s effective date was once again delayed....more

Financial assurance and mine rehabilitation reform in Queensland

by DLA Piper on

In May 2017, the Queensland Government released two discussion papers outlining proposed changes to Queensland's financial assurance and rehabilitation framework. The consultation period has now closed and the Queensland...more

[Webinar] Managing MSHA Investigations - September 26th, 1:00pm ET

by Conn Maciel Carey LLP on

MSHA investigations can catch operators off-guard and are laden with small comments or mishaps that can escalate into enforcement nightmares. The tactics and personnel used during MSHA investigations are typically much more...more

President Trump Nominates Former Coal Executive to Head of MSHA

President Trump has nominated a retired coal company executive to head the Mine Safety and Health Administration (MSHA). The White House announced that David G. Zatezalo, the former chairman of Rhino Resources, would be the...more

New Reporting Requirements Now in Force in Quebec for Mining, Oil and Gas Industries

Quebec mining and oil and gas industries must now comply with the Regulation respecting the application of the Act respecting transparency measures in the mining, oil and gas industries (Regulation), which came into force on...more

Zatezalo Nominated To Head Mine Safety Agency

by Jackson Lewis P.C. on

David Zatezalo has been nominated Assistant Secretary for the Mine Safety and Health Administration, the Trump Administration announced on September 2, 2017. This announcement comes on the heels of the appointment of Wayne...more

State Street Global Advisors Gets on the Climate Disclosure Express — In a Big Way

Earlier this month, State Street Global Advisors joined the chorus of money managers urging corporate boards, particularly those in “high-impact sectors” – meaning “oil and gas, utilities and mining” – to do a better job...more

Is your tenure valid?

by DLA Piper on

The High Court's decision in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 has confirmed the importance of strict compliance with the provisions of the Mining Act 1978 (WA) (Mining Act) when applying for the grant of...more

Mine Safety Agency Implements Medical Standards Action Plan For Inspectors, Technical Personnel

by Jackson Lewis P.C. on

The Mine Safety and Health Administration will implement an action plan for employees who do not meet the agency’s medical standards. As a condition of employment, MSHA inspectors and technical personnel must undergo...more

New Acting Head Of MSHA Named

by Jackson Lewis P.C. on

On August 21st, 2017, Secretary of Labor, Alexander Acosta, announced that Wayne Palmer, former Chief of Staff for the Department of Labor, will serve as interim Assistant Secretary for the Mine Safety and Health...more

[Webinar] New Developments Impacting the Oil and Gas Industry - August 31st, 12:00pm ET

by Steptoe & Johnson PLLC on

In this webcast, Diana Prulhiere and David Little will provide a high level overview of recent regulatory and litigation matters in Colorado affecting the oil and gas industry, as well as an update on recent regulatory...more

Mine Safety Agency Issues Alert On Wire And Hoisting Ropes

by Jackson Lewis P.C. on

Saying new testing on wire and hoisting ropes showed they “no longer met MSHA’s in-service standards,” despite previously passing tests and inspections, the Mine Safety and Health Administration has issued a new safety alert...more

The Social Cost of Carbon: Not Too Speculative for NEPA

Earlier this week, the Judge Donald Malloy of the District Court for the District of Montana granted summary judgment to the Montana Environmental Information Center on several of its claims alleging that the Office of...more

Mine Safety and Health Administration (MSHA) Regulatory Plan Backs Off On New Silica Rule, Keeps Workplace Exams Rule

by Conn Maciel Carey LLP on

Mine Safety and Health Administration (MSHA) has a distinctly less ambitious regulatory plan on its plate with the start of the Trump Administration, in line with the campaign promises the President made last year to reduce...more

Tanzania Overhauls Mining Laws, Fines Investor US$190 Billion: Is Your Investment Protected?

by Jones Day on

Recently, Tanzania enacted a series of mining laws that significantly erode protection for existing and future investments in the mining industry. As part of these measures, one foreign investor has been assessed a US$190...more

The Trump Administration Delivers Much Needed Relief to the Coal Industry

by Snell & Wilmer on

During the first six months of the new Administration, President Trump has delivered much needed relief to the coal industry. The President and Congress have been particularly effective at rolling back policies proposed at...more

[Webinar] Internal and Third Party Safety Audits: Risks, Rewards and How to Protect the Results - August 24th, 1:00pm ET

by Conn Maciel Carey LLP on

There are numerous benefits to internal or third-party safety audits. These audits offer operators terrific insight for proactive safety and compliance improvements. But, can these audits be used against an operator…The short...more

Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?

by Stoel Rives LLP on

Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015...more

For Third Straight Year, No Mines Eligible For A Pattern Of Violations Notice

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has announced that, for the third consecutive year, none of the nation’s more than 13,000 mining operations met the criteria for a Pattern of Violations (POV) notice, which would...more

Mine Safety Agency Issues Serious Accident Alert For Crane Operators

by Jackson Lewis P.C. on

After a crane operator suffered serious injuries earlier this year while attempting to stow the crane’s lattice extension, the Mine Safety and Health Administration has issued a serious accident alert for crane...more

Owner Means Owner: Tenth Circuit Finds US Liable Under CERCLA Based on Title in Lands Subject to Unpatented Mining Claims

by WilmerHale on

The Tenth Circuit on July 19, 2017, in Chevron Mining, Inc. v. United States, reversed a decision by the District Court for the District of New Mexico and held that the United States is liable as an “owner” under the...more

Indonesia tightens control over changes in shareholding and boards of oil & gas, power, geothermal and mining companies

by Allen & Overy LLP on

Indonesia just issued a new regulation (Reg. 42/2017) that extends governmental control on private and foreign investment in the energy and mining sectors. Whilst similar forms of control already existed in the upstream...more

In partnership with the PRC

by Hogan Lovells on

During 2016, South Africa (SA) exported some US$6.8 billion (about 9.2% of our total exports) to the People’s Republic of China (China). This is about 25% more than SA exported to the USA in the same year....more

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