Mining

Conflict Minerals And Resource Extraction Challenges Proceed On Accelerated Basis

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/21/2013

We previously noted that the challenge to the SEC’s conflict minerals rules was transferred from the Court of Appeals to the United States District Court for the District of Columbia....more

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

by Stephen Blazick, Daniel Dixon, Lee Zoeller | Reed Smith on 5/17/2013

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

Budget 2013-14: The Government targets multinationals to recover from the GFC - Baker & McKenzie

by Dixon Hearder, Amrit MacIntyre, John Walker | Baker & McKenzie Australia on 5/15/2013

The Treasurer has delivered the 2013-14 Budget. With the Treasurer noting that almost $170 billion has been wiped off tax receipts since the GFC, a series of measures increasing the tax burden of multinationals, foreign...more

Plan Nord – Québec’s New Mining Royalty Regime

by Hugo-Pierre Gagnon, François Paradis, Ward Sellers | Osler, Hoskin & Harcourt LLP on 5/9/2013

On May 6, 2013, the Québec government revealed its long-awaited mining royalty and tax regime in an official document titled “A New Mining Tax Regime: Fair for All,”....more

The Québec Government Announces A New Mining Tax Regime “Fair For All”

by Ann Bigué, Dominique Quirk | Dentons on 5/8/2013

The new Québec mining tax regime was announced on May 6th 2013, by the Minister of Finance, Nicolas Marceau, accompanied by the Minister of Natural Resources, Martine Ouellet....more

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

by Denise Pettijohn, Christopher "Kip" B. Power, Robert Stonestreet | Dinsmore & Shohl LLP on 4/29/2013

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more

Using Bribery And Corruption To Steal Business – A Thyestean Feast?

by Thomas Fox on 4/24/2013

Not much beats the ancient Greek House of Atreus for dramatic gore: infanticide, patricide, fratricide, filicide, matricide, cannibalism, incest and about every other horror which can befall one family occurs in the various...more

PED Cheats And FCPA Violators – Kissing Cousins?

by Thomas Fox on 4/23/2013

“I never failed a drug test” has become one of the iconic lines of performance enhancing drug (PED) cheats from Lance Armstrong to A-Rod. This denial has a kissing cousin in the Foreign Corrupt Practices Act (FCPA) world in...more

REGULATORY: Mining and Natural Resources Regulatory; Maritime Deep Seabed Mining: The Next Wave -- U.S. Seabed Mining Regulatory...

by King & Spalding on 4/17/2013

Part I of this article appeared in the December 2012 Energy Newsletter and provided an introduction to the three principal types of seabed ore deposits, a history of exploration efforts, and an overview of the 1982 United...more

Energy Newsletter - April 2013

by King & Spalding on 4/15/2013

In This Issue: - TRANSACTIONAL: - Project Development/FinanceKey Considerations in Energy Take-or-Pay Contracts - Upstream - Russia and former republics Unconventional Russia - Bankruptcy:...more

New Anti-Corruption Provisions in EU Legislation: Increased Accountability for Mining, Oil and Gas Companies

by Neil Gerrard, Miriam Gonzalez, Jonathan Pickworth | Dechert LLP on 4/11/2013

Large non-listed companies incorporated in the European Economic Area (“EEA”) which operate in the oil, gas and mining sectors will need to annually disclose any payments made to the national, regional or local authority of a...more

Court Of Appeal Finds County Approval Of EIR For Sand And Gravel Mining Project Does Not Violate CEQA

by Jeffrey L. Massey, Daniel J. O'Hanlon, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/1/2013

An organization challenged a county’s approval of a final revised environmental impact report for a project that would allow sand and gravel mining in the bed of the Cuyama River. The court of appeal affirmed the trial...more

Quebec mining industry: regulatory reform is underway

by Pierre Langlois, Jan-Martin LeBlanc | Heenan Blaikie LLP on 3/29/2013

In February, the government published a draft regulation that will tighten the rules applicable to the financial guarantee that exploration and mining companies are required to provide in connection with the restoration of...more

2013 Federal Budget Impact On Mining Activities

by Brian Abraham | Dentons on 3/27/2013

The good news is that the mineral exploration tax credit of 15% has been extended for an additional year. In addition, the budget has made an amendment to Section 66.1(6) of the federal tax legislation to add the words...more

Northwest Territories And Nunavut Mining Regulations: Proposed Changes

by Brian Abraham | Dentons on 3/27/2013

A number of changes are proposed and are to be published in the Canada Gazette in the Summer of 2013 for comments with the intention of making them effective in 2014....more

Ontario’s Highest Court Confirms Province Has Exclusive Right to “Take Up” Crown Land

by Martin Ignasiak, Suzanne MacMillan, Terri-Lee Oleniuk | Osler, Hoskin & Harcourt LLP on 3/26/2013

On March 18, 2013, the Ontario Court of Appeal confirmed that Ontario has the right to “take up” Crown land for mining and forestry without federal authorization. This ruling confirms that in exercising its rights and powers...more

Federal Budget, Economic Action Plan 2013

by Colleen Cebuliak | Dentons on 3/25/2013

On March 21, 2013, the Minister of Finance tabled the 2013 federal budget, Economic Action Plan 2013. There are announced changes which will be of particular interest to the mining sector....more

Budget Briefing 2013

by Osler, Hoskin & Harcourt LLP on 3/22/2013

The Honourable Jim Flaherty, Minister of Finance, tabled Budget 2013 today. In his Budget Speech, the Minister lauded Canada’s economic strength and achievements over the last seven years, while acknowledging that there are...more

Tax Communiqué: Highlights from the Budget 2013

by Heenan Blaikie LLP on 3/22/2013

Budget 2013 was tabled on March 21, 2013. Heenan Blaikie’s National Tax Group has prepared the following overview of some of the more significant tax-related measures....more

BC Mining Process

by Brian Abraham | Dentons on 3/19/2013

On March 8, the Ministry of Energy Mines and Natural Gas announced that it will no longer require permits for some low impact exploration activities commencing September 2013....more

SCC will Decide Finder’s Fee Arbitration Case

by Andrew Little | Bennett Jones LLP on 3/18/2013

The Supreme Court of Canada has just decided to hear a commercial arbitration case arising from a finder’s fee dispute in the mining industry. The legal issues in the appeals — plural — go to the heart of the relationship...more

Directors Owe No Duty To Foreign Residents

by Matthew Fleming | Dentons on 3/15/2013

Originally Published in Legal Alert, Vol. 31, No. 5. Directors of Canadian companies with operations outside of Canada can take comfort in the Ontario Court of Appeal’s recent decision in Piedra v. Copper Mesa Mining...more

Court Finds Private Person Can Be Held Liable for Negligent Inspection

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/15/2013

A private person who inspects a workplace can be held liable for injury or death due to hazards that should have been found and addressed. That is effectively what the Supreme Court of Appeals of West Virginia recently held...more

Plan Nord – Québec Tables a Consultation Paper on its Proposed New Mining Royalty Regime

by Hugo-Pierre Gagnon, François Paradis, Ward Sellers | Osler, Hoskin & Harcourt LLP on 3/14/2013

On March 7, 2013, the Québec government released a consultation paper containing its proposed changes to the Québec mining royalty and tax regime in anticipation of its forum on the proposed regime to be held on March 15,...more

Second District Rejects CEQA Challenge To EIR for Riverbed Sand And Gravel Mining Project, Upholds Santa Barbara County’s...

by Arthur F. Coon | Miller Starr Regalia on 3/12/2013

The Second District Court of Appeal upheld the County of Santa Barbara’s Final Revised Environmental Impact Report for a 30-year conditional use permit (CUP) for the Diamond Rock mine project. Save Cuyama Valley v. County of...more

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