News & Analysis as of

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

Molybdenum: An Essential Element in America’s Future

Minerals Make Life – an initiative created by the National Mining Association – has recently developed an infographic detailing the importance of the super element molybdenum. Few elements have a higher melting point than...more

Mining and Exploration Company, Santa Fe Gold Corporation, Seeks Protection in Chapter 11

On August 26, 2015, Santa Fe Gold Corporation and three affiliates filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware. The cases are docketed as case no. 15-11761, and...more

California Declares New Rules for Assignment of Long Tail Claims

Last week, in a unanimous decision, the Supreme Court of California changed the law governing anti-assignment provisions in liability insurance policies. Twelve years ago, in Henkel Corp. v. Hartford Accident & Indemnity...more

Tenth Circuit Confirms That a Single Payment on New Purchase Contract May Satisfy Ordinary Course Defense Under 11 U.S.C. §...

In Jubber v. SMC Electrical Products, Inc. et al. (In re C.W. Mining Co.), Case No. 13-4175 (Aug. 10, 2015), the Tenth Circuit Court of Appeals confirmed that a single payment made by a debtor within the 90-day preference...more

Canadian Securities Regulators release results of Continuous Disclosure Review

On July 16, 2015, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 51-344 summarizing the results of their Continuous Disclosure (CD) Review Program for the fiscal year ended March 31, 2015. The CSA...more

Federal Government Continues to Target Big Coal

The United States Department of Interior’s (DOI) Office of Surface Mining Reclamation and Enforcement has proposed new regulations requiring coal mining companies to protect and restore streams impacted by nearby mining...more

Ontario Court Upholds Limitations on Liability for Misrepresentations Contained in Take-Over Bid Circulars

In a decision released on July 30, 2015, the Ontario Superior Court of Justice has clarified that plaintiffs seeking to advance claims under section 131(1) of the Securities Act (Ontario) alleging misrepresentation in a...more

MSHA Increases Scrutiny

If you operate or work at a metal/nonmetal mine be ready for significant changes on how the Mine Safety and Health Administration (MSHA) will enforce its workplace examination standards.The MSHA recently issued a policy...more

The CSA’s Latest Continuous Disclosure Review: Two Key Takeaways for Material Contract and Mining Disclosure

The Canadian Securities Administrators (CSA) recently published their annual review of Canadian public companies’ continuous disclosure filings in CSA Staff Notice 51-344 - Continuous Disclosure Review Program Activities for...more

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