News & Analysis as of

Energy Newsletter - November 2015

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by Retroactive Legislative Changes - Introduction: In recent years, project developers,...more

New Mining Code in Gabon to Give a Major Boost to Investments

“Gabon remains unexplored” is the conclusion of the Société Equatoriale des Mines (“SEM”), a wholly-owned State company created in 2011 to facilitate the development of the country’s natural resources. Developing the mining...more

A Hollow Nickel, Hollywood And Texas Gulf Sulphur

If you’ve taken a course in securities law, you’ve undoubtedly heard of, and I hope have read, SEC v. Texas Gulf Sulphur Co., 401 F.2d 833 (2d Cir.), cert. denied, 394 U.S. 976 (1968). That case is famous for the Second...more

SCC Denial of Leave Allows First Nations to Pursue Claims Prior to Proving Aboriginal Title

The Supreme Court of Canada recently denied applications for leave to appeal in Saik’uz First Nation and Stellat’en First Nation v Rio Tinto Alcan Inc., 2015 BCCA 154 (Saik’uz), and Iron Ore Company of Canada. v Uashaunnuat,...more

Sage Grouse Non-Listing Decision Highlights New Challenges to Industry

On September 22, 2015, the U.S. Fish and Wildlife Service (“FWS”) announced its determination that the greater sage-grouse does not warrant protection under the Endangered Species Act (“ESA”) – i.e., the sage grouse does not...more

Renewable Energy Update - October 2015 #4

Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

National Instrument 43-101 and Early Production Decisions: What are the Rules and What are the Risks?

Most mineral projects that proceed to commercial production do so on the basis of certain advanced technical studies. The key milestone is usually a feasibility study which demonstrates, among other things, the existence of...more

Rating Agency Developments

On October 1, DBRS published its U.S. RMBS rating methodology. On October 1, DBRS published its rating methodology for European consumer and commercial ABS transactions. On October 1, DBRS published its methodology for rating...more

Kinross Gold Discloses FCPA Investigation by SEC and DOJ

On October 2, Canadian mining company Kinross Gold Corp. announced that the SEC and DOJ are investigating potentially improper payments to government officials in West Africa. The company’s announcement states that it...more

Cleantech and solar photovoltaic innovation – an area of opportunity for the mining industry

The Australian Renewable Energy Agency’s (ARENA) funding priorities for new investment represent an area of opportunity for the mining industry. While investment in clean technology may, on the surface, seem at odds with the...more

Mining on 10 Million Acres in Six States Impacted by BLM’s Proposed Withdrawal

On September 24, 2015, the federal Bureau of Land Management (“BLM”) published a Notice of Proposed Withdrawal (“BLM notice”), proposing to withdraw from mineral location and entry federal lands identified as “sagebrush focal...more

Mining in Iran: Post-deal Opportunities

US$20 billion worth of investment opportunities in Iran's mining sector has piqued the interest of international mining companies. Opportunities were presented by Iran's Minister of Industry and Mines at an investment...more

Mining & Metals: Weathering the storm no more: Mining companies, including the sector's giants, need to act decisively and swiftly...

Will sustained stress unmake the mining & metals markets? A year ago, the first wave of distress in the mining & metals sector provided the industry’s major and mid-size players with something to think and talk about. It...more

Licensed to Fill: NJDEP Makes Virgin Material More Attractive for SRP Sites

The New Jersey Department of Environmental Protection (NJDEP) recently renamed and revised its clean fill guidance, which now makes it clear that fill material obtained from a licensed quarry or mine may be used for site...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

Miners and States take Notice, the EPA is Updating its CERCLA Financial Responsibility Requirements

The U.S. Environmental Protection Agency (“EPA”) has recently announced that it would take steps to finalize rules establishing financial responsibility requirements for hard rock mines under section 108(b) of the...more

SEC Settles Microcap Fraud Scheme With Attorney, Two Audit Firms, Seven Auditors

Microcap fraud is a key part of the broken windows enforcement approach. One of the more significant actions brought in this regard is In the Matter of John Briner, Esq., Adm. Proc. File No. 3-16339 (Jan. 15, 2015). There the...more

EPA Seeks Comment on National Enforcement Initiatives

On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

The latest challenges in health and safety in the mining industry

We recently attended the Health, Safety, Environment and Community Conference convened by the NSW Minerals Council. The Conference drew together participants from across the mining industry in NSW to look at what miners are...more

Manufacturing Outlook - July 2015 - 2015 Q3

Welcome to the 2015q3 Manufacturing Outlook report in partnership with DLA Piper. It has been an eventful summer in the world economy; while not quite four seasons in one day, we’ve seen the future of the eurozone on the...more

EPA Requests Comment On Fiscal Year 2017 – 2019 Enforcement Priorities

EPA on September 15, 2015, announced its National Enforcement Initiatives (NEIs) for its Fiscal Years (FY) 2017 – 2019 and requested comment on them. 80 Fed. Reg. 55352. EPA selects enforcement initiatives every three years...more

Offensive Discovery after Strudley and Changes to the Colorado Rules of Civil Procedure

Toxic tort cases often involve real property, especially in areas with large mining and energy sectors like the West and Southwest. The cases frequently have large potential damage values and require extensive discovery....more

Hostile Investments Defense System – The Newly Adopted Polish Act On Control Over Certain Investments

On August 5, 2015, the President of the Republic of Poland signed a new act on control over certain investments dated July 24, 2015 (Journal of Laws of 2015, item 1272). The purpose of the new act is to take the opportunity...more

The Animas Spill: EPA Liability and Insurance Coverage

When a contractor for the Environmental Protection Agency accidentally released three million gallons of contaminated mining work wastewater into the Animas River in August 2015, the EPA immediately took responsibility, as it...more

Blog: District Court Compels SEC To Provide “Expedited Schedule” For Issuing Dodd-Frank Resource Extraction Rule — Will Other Rule...

A U.S. District Court has handed a victory to Oxfam America in its efforts to compel the SEC to complete rulemaking on the Dodd-Frank mandate regarding resource extraction disclosures (Section 1504). ...more

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