Mining

News & Analysis as of

B.C. Increases Potential Fines, Adds Administrative Penalties for Mining Law Violations

Since the 2014 Mount Polley tailings dam breach, the British Columbia government has made numerous changes to its mining regulatory regime. The most recent amendments, some of which came into force late last week,...more

Feds Renew Focus on Worker Safety and Individual Accountability

Massey Energy CEO Donald Blankenship reported to a California prison on May 12 to begin serving a one-year sentence for willfully violating mine safety standards. His conviction was related to the deadliest United States...more

Mine Accident Investigation Facts Not Subject to Attorney Privileges, ALJ Rules

According to at least one administrative law judge, neither the work product privilege nor the attorney-client privilege allows an Arizona metal producer and its contractor to withhold factual information gathered during the...more

More Than Chickens, Lizards and Polar Bears – Environmental Case Law Update (Dec. 2015 – Mar. 2016)

This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016. U.S. SUPREME COURT - FERC Final Rule re...more

Alberta Wildfires – Insurance for Financial and Other Losses of Affected Companies

Companies potentially affected by the Alberta wildfires should be conducting a prompt review of potentially applicable insurance coverage, especially under policies that provide coverage for business interruption and loss of...more

Draft Mining Charter would restructure BBBEE transactions in the South African mining industry

On 15 April 2016, the Department of Mineral Resources ("DMR") published the draft Reviewed Broad Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 ("Draft Mining Charter") for...more

Red Notice Newsletter - April 2016

ANTICORRUPTION DEVELOPMENTS – Final Judgments Entered Against Seven Former DAP Employees; Four Ordered to Pay - The Securities and Exchange Commission (SEC) announced earlier this month that on April 6 and 7, 2016,...more

MSHA Enforcement Trends: Most-Cited Standards of 2015 and Rules to Live By

Mine operators can look to MSHA’s 2015 enforcement data to identify patterns in the most frequently cited safety and health violations, making it easier to avoid costly citations and possible long-term legal ramifications....more

Colorado Mining Company Announces FCPA Investigation

Recently, a gold mining company based in Colorado disclosed in its quarterly filings an investigation of certain business activities of the company and its affiliates outside the U.S. for possible violations of the FCPA....more

New Laws Reform California’s Surface Mining and Reclamation Act

True to his word, Governor Jerry Brown signed two bills, AB 1142 and SB 209, into law on Monday to reform California’s Surface Mining and Reclamation Act (SMARA). Now, before getting too excited, keep in mind that the new...more

Alaska Department of Natural Resources Seeks Input on Mining Regulations – Comments Due 4/29/16

The Alaska DNR is requesting public comments on its mining regulations for establishing and maintaining mining claims – 11 AAC Chapter 86. These regulations (as well as related regulations at 11 AAC 82 and 11 AAC 88)...more

Mine Your Own Business? Three Neighboring Mines Don’t Meet WARN Act “Single Site of Employment” Test

When are sister corporations considered a “single employer” under the Worker Adjustment and Retraining Notification Act (WARN Act)? And when are their worksites considered a “single site of employment”? ...more

2016 Minnesota Session Begins

Acrimony and Lengthy Debate - The 2016 Minnesota Legislative Session convened at noon on Tuesday, March 8. With a condensed ten week calendar, it will be a race against the clock to complete business. The House spent the...more

Lo que Cuba quiere de los inversores

Los inversores estadounidenses han conseguido llegar a Cuba. A comienzos de Febrero, el Departamento del Tesoro de EE. UU. aprobó la primera inversión estadounidense de importancia en Cuba desde 1959: la fábrica de tractores...more

Minerals Matters - Winter 2016

Welcome to the latest edition of Minerals Matters and the first one of 2016. Last year was, on the whole, positive for the sector. We had the drama of the UK General Election and the surprisingly decisive outcome which...more

Quebec’s Energy, Mining Sectors Searching for Clarity on Social Acceptability

On February 16 2016, Quebec’s Energy and Natural Resource Minister, Pierre Arcand, tabled a green paper (referred to in French as the “Livre Vert”) at the National Assembly, outlining five guidelines regarding social...more

Latin American Environmental Regulatory Tracker

This month’s tracker reflects key initiatives from January 15, 2015 – February 15, 2016. LAR is quickly embracing consumer-right-to-know initiatives through a host of new proposed labeling and product claims standards....more

A Railway Is Not a Mine: Ontario Court of Appeal Rules on Surface Rights in Unpatented Mining Claims

On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate...more

MOL’s incident-reporting training Order to mining company not suspended

A Ministry of Labour compliance Order issued against a mining company for allegedly failing to report an “uncontrolled fall of ground” should not be suspended pending the outcome of the employer’s appeal of that Order, the...more

Ontario Approves New Noise Regulation under the Occupational Health and Safety Act (OHSA)

Ontario’s Ministry of Labour approved a new Noise Regulation under the Occupational Health and Safety Act (OHSA) on December 9, 2015. This regulation (O. Reg. 381/15) replaces the noise protection requirements set out in the...more

Africa Update - February #3

Leading the News - Burundi - On February 12th, the United Nations (U.N.) Multidimensional Integrated Stabilization Mission in the Central African Republic (CAR) (MINUSCA) announced its decision to repatriate three...more

Africa Update - February 2016 #2

Leading the News - Burundi - On February 5th, newly elected African Union (AU) Assembly Chairman and President of Chad Idriss Deby appointed a high-level delegation of five African heads of state to negotiate with...more

Canada Relaxes Iran Sanctions - Making it Easier to do Business with Iran

On February 5, 2016, Canada significantly reduced its unilateral economic sanctions against Iran by introducing amendments (Amendments) to the Special Economic Measures (Iran) Regulations (Iran Regulations). The relaxation...more

Utah oil sands mine slowed

A Canadian company developing an oil sands mining and extraction project in Utah has announced a decision to "reduce the pace of field construction in order to maintain working capital flexibility," based on low oil...more

Financial Assurance Requirements are on the Horizon for Hard Rock Miners

On January 29, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (“EPA”) to finalize the long-awaited “financial assurance” regulations under section 108(b) of...more

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