News & Analysis as of

Mining

Projects and Energy Weekly Snippets

by Hogan Lovells on

Moz plant illustrates rapid commissioning potential of gas engines - Electricity generation using gas as a fuel has great potential to meet the growing needs of many African countries, especially with a peaking-plant...more

El Salvador Makes History and Bans All Mining - Will other countries follow?

by Bennett Jones LLP on

On March 29, 2017, El Salvador’s legislature unanimously voted to ban all metallic mining, including for gold, in the Central American country. El Salvador is the first country in the world to impose a blanket ban on mining...more

Mine Safety Agency Issues Blasting Equipment Alert

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued a safety alert advising employers to take precautions when storing, handling, transporting, and using explosives and detonators in underground coal mines near energized...more

Canadian Mining Company Strikes Gold in US Court

by WilmerHale on

Arbitration analysis: Steven Finizio and Manuel Casas at WilmerHale, consider the US District Court’s decision in Crystallex v Venezuela to uphold the $1.2bn damages award and suggest that the case reaffirms the deferential...more

Mine Safety Agency Releases Accident Alert for Surface Trucks in Metal, Nonmetal Mining Industry

by Jackson Lewis P.C. on

The Mine Health and Safety Administration has released a serious accident alert in the wake of an accident involving a haul truck driver in the metal and nonmetal mine industry. The operator of a loaded haul truck...more

[Webinar] Working With MSHA: Alternative Citation Resolution and Pre-Enforcement Interaction - April 25th, 1:00pm EDT

by Conn Maciel Carey LLP on

While operators have the right and opportunity to contest any citation or order issued by MSHA, there ways to address concerns with MSHA prior to contest....more

Federal Mine Safety Review Commission Authority Over Settlements Affirmed As Labor Department Drops Challenge

by Conn Maciel Carey LLP on

The panel that reviews mine safety and health cases has prevailed in recent federal court filings on the issue of whether it has the legal authority to approve settlements of penalties that MSHA reaches with mining employers....more

Contract of Work for IUPK OP: A Tough Decision

by White & Case LLP on

The Indonesian government ("Government") has issued a number of regulations to implement its mining policy, including GR 1/of 2017. In moving towards a single Special Mining Permit Operation Production license (IUPK...more

Court Rejects Takings Claim Based on Temporary Prohibition of Mining

by Nossaman LLP on

As we’ve reported in the past, temporary takings are compensable in California.  But such claims are not easy to prove, particularly when you’re dealing with the federal government imposing temporary regulations preventing...more

Mine Safety Agency Issues Alert on Falls at Metal and Nonmetal Mines

by Jackson Lewis P.C. on

After the deaths of 29 miners over the past decade from falls in metal and nonmetal mines, the Mine Safety and Health Administration has issued a safety alert on reducing the risk of dangerous falls, reminding employers of...more

The Delphic Provision

by Hogan Lovells on

On 8 December 2014, the agreement between the three Departments of Mineral Resources (DMR), Environmental (DEA) and Water Affairs, also known as the “One Environmental System” became a reality. In principle, this was aimed at...more

Budget 2017: Changes to Canadian Exploration Expense and Flow-Through Shares

by Bennett Jones LLP on

Canadian exploration expenses (CEE) are certain types of expenses incurred by oil and gas, mining and renewable energy corporations. CEE is 100 percent deductible in the year the expense is incurred. Certain types of CEE also...more

California’s Free Mining & Tunneling Training Schedule

by Jackson Lewis P.C. on

California enforces its own mining and tunneling regulations through Cal/OSHA’s Mining and Tunneling (M&T) Unit. The main function of this specialized unit is to investigate complaints and accidents in mines and tunnels and...more

Senegal's New Mining Code

by DLA Piper on

Senegal has officially introduced its new mining code, which has been a work in progress since 2012 when proposals were first made to revise the former mining code introduced in 2003. In recognising the potential that the...more

Prospecting for tax deductions

by DLA Piper on

Earlier this year, the Commissioner of Taxation released TR 2017/1 - Income Tax: deductions for mining and petroleum exploration expenditure (the "Ruling"). The Ruling is the finalised version of TR 2015/D4, issued in...more

New Kenyan Mining Act: A big step forward (French)

by DLA Piper on

Contexte - Cet article présente les principales dispositions de la nouvelle loi minière 2016 en vigueur au Kenya (la “Loi”) qui, après un long processus, a été signée par le Président Uhuru Kenyatta le 6 mai 2016. La...more

The new face of private equity

by DLA Piper on

There is a new face of private equity in the today's mining M&A market. Private equity is no longer willing to entertain opportunities which spruik only the potential for speculative capital gains. Rather, private equity is...more

Mine Safety Agency to Award Up to $1 Million in Grants for Education, Training

by Jackson Lewis P.C. on

The Mine Safety and Health Administration will award up to $1 million in new grants for education and training programs to help identify, avoid, and prevent unsafe working conditions at mines in the United States as part of a...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Hearings Exceed 100 Hours and Counting - The Appropriations and Financial Affairs...more

MSHA Announces Results of Special Impact Inspections From December 2016

by Jackson Lewis P.C. on

The U.S. Department of Labor’s Mine Safety and Health Administration has announced the results of its monthly special impact inspections from December 2016. During the month, MSHA conducted inspections at 10 coal mines and...more

6th Circuit Rules Against Mine Safety and Health Administration’s (MSHA) Attempt To Extend Jurisdiction Beyond The Mine Site

by Conn Maciel Carey LLP on

A key federal appeals court decision has rejected MSHA’s argument that the Mine Act gave it authority to take enforcement against a manufacturing plant making and repairing mine equipment, saying that instead the shop falls...more

New mining regulations: back to the past

by Allen & Overy LLP on

The Government of the Republic of Indonesia on 11 January 2017 issued new mining regulations regulating (i) ‘new’ share divestment requirements for foreign investment companies holding an IUP or IUPK; and (ii) new export...more

Review Commission Split On Whether Violation Of Roof Control Plan Constitutes A Significant and Substantial Violation

by Conn Maciel Carey LLP on

An impending decision by the Federal Mine Safety and Health Review Commission (the Commission) reveals a split among members as to the safety risks posed by violations of a roof control plan, though they agreed the company in...more

Mine Safety Agency Issues Alert after Mining Deaths

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents...more

Senegal's new Mining Code

by Dentons on

In October 2016, the Senegalese Parliament passed a new Mining Code (the New Mining Code), which affects the way mining permits are processed, places additional social and environmental obligations on mine operators and...more

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