News & Analysis as of

Mining

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

by Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

David Zatezalo Testifies Before Senate HELP Committee

by Jackson Lewis P.C. on

The Senate Committee on Health, Education, Labor and Pensions (HELP) questioned Donald Trump’s nominee to be the new head of MSHA, David Zatezalo, about small mine compliance assistance and technological advances within the...more

CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Snell & Wilmer on

On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

[Webinar] The Evolution of Imminent Danger Orders: Applications By MSHA and Legal Developments - October 26th, 1:00pm ET

by Conn Maciel Carey LLP on

In the last several years, MSHA has issued 107(A) Imminent Danger orders with increased frequency. On the surface, these orders seem self-explanatory, yet the agency has been moving beyond the common assumption that these...more

Human Rights Considerations & Best Practices for Energy Companies

by King & Spalding on

International human rights laws and norms are increasingly playing a role in shaping how energy companies conduct their business all over the world. Shareholders increasingly demand compliance with human rights norms;...more

Urban Mining Briefing Reveals Huge Global Potential

by Latham & Watkins LLP on

Germany’s increasing shortage of natural resources and the corresponding mounting cost of extracting raw materials signals the need for alternative and innovative ways of collecting and recycling secondary raw...more

Currents - Energy Industry Insights - September 2017#4

U.S. Crude Exports to Asia May Shake Up Global Oil Pricing: Russell "The great disruptor that is U.S. shale oil is coming to Asia, as refiners in the energy-hungry region look to expand and diversify their sources of...more

Court Holds Project Construction Constitutes “Mining” on Tribal Lands

by WilmerHale on

Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind turbines constituted “mining” under the federal regulation governing mineral...more

Schwabe Defends Tribal Sovereignty

The trial team of Brien Flanagan, Aukjen Ingraham and Sarah Lawson successfully stood up to outside parties attempting to interfere in the Navajo Nation’s economic activity. Federal Judge Steven Logan granted the Navajo...more

Trump Administration Rulemaking Process to Redefine Scope of Clean Water Act – How Your Company Can Participate

by Dorsey & Whitney LLP on

One of the most difficult and costly aspects of developing mining projects in the United States is the permitting requirements under the Clean Water Act (CWA). The Trump administration is currently undertaking a rulemaking...more

MSHA Reopens Rulemaking on Workplace Examination Standard and Proposes to Delay Effective Date

On September 12, the Mine Safety and Health Administration (MSHA) published in the Federal Register two proposed rules on Examinations of Working Places in Metal and Nonmetal Mines, reopening the rulemaking to consider two...more

Mine Safety and Health Administration (MSHA) Delays Effective Date (Again) and Proposes Limited Changes to Final Rule For...

by Conn Maciel Carey LLP on

Mine operators will not have to comply with MSHA’s much anticipated final rule for the Examinations of Working Places in Metal and Nonmetal Mines by October 2, 2017, as the rule’s effective date was once again delayed....more

Financial assurance and mine rehabilitation reform in Queensland

by DLA Piper on

In May 2017, the Queensland Government released two discussion papers outlining proposed changes to Queensland's financial assurance and rehabilitation framework. The consultation period has now closed and the Queensland...more

[Webinar] Managing MSHA Investigations - September 26th, 1:00pm ET

by Conn Maciel Carey LLP on

MSHA investigations can catch operators off-guard and are laden with small comments or mishaps that can escalate into enforcement nightmares. The tactics and personnel used during MSHA investigations are typically much more...more

President Trump Nominates Former Coal Executive to Head of MSHA

President Trump has nominated a retired coal company executive to head the Mine Safety and Health Administration (MSHA). The White House announced that David G. Zatezalo, the former chairman of Rhino Resources, would be the...more

New Reporting Requirements Now in Force in Quebec for Mining, Oil and Gas Industries

Quebec mining and oil and gas industries must now comply with the Regulation respecting the application of the Act respecting transparency measures in the mining, oil and gas industries (Regulation), which came into force on...more

Zatezalo Nominated To Head Mine Safety Agency

by Jackson Lewis P.C. on

David Zatezalo has been nominated Assistant Secretary for the Mine Safety and Health Administration, the Trump Administration announced on September 2, 2017. This announcement comes on the heels of the appointment of Wayne...more

State Street Global Advisors Gets on the Climate Disclosure Express — In a Big Way

Earlier this month, State Street Global Advisors joined the chorus of money managers urging corporate boards, particularly those in “high-impact sectors” – meaning “oil and gas, utilities and mining” – to do a better job...more

Is your tenure valid?

by DLA Piper on

The High Court's decision in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 has confirmed the importance of strict compliance with the provisions of the Mining Act 1978 (WA) (Mining Act) when applying for the grant of...more

Mine Safety Agency Implements Medical Standards Action Plan For Inspectors, Technical Personnel

by Jackson Lewis P.C. on

The Mine Safety and Health Administration will implement an action plan for employees who do not meet the agency’s medical standards. As a condition of employment, MSHA inspectors and technical personnel must undergo...more

New Acting Head Of MSHA Named

by Jackson Lewis P.C. on

On August 21st, 2017, Secretary of Labor, Alexander Acosta, announced that Wayne Palmer, former Chief of Staff for the Department of Labor, will serve as interim Assistant Secretary for the Mine Safety and Health...more

[Webinar] New Developments Impacting the Oil and Gas Industry - August 31st, 12:00pm ET

by Steptoe & Johnson PLLC on

In this webcast, Diana Prulhiere and David Little will provide a high level overview of recent regulatory and litigation matters in Colorado affecting the oil and gas industry, as well as an update on recent regulatory...more

Mine Safety Agency Issues Alert On Wire And Hoisting Ropes

by Jackson Lewis P.C. on

Saying new testing on wire and hoisting ropes showed they “no longer met MSHA’s in-service standards,” despite previously passing tests and inspections, the Mine Safety and Health Administration has issued a new safety alert...more

The Social Cost of Carbon: Not Too Speculative for NEPA

Earlier this week, the Judge Donald Malloy of the District Court for the District of Montana granted summary judgment to the Montana Environmental Information Center on several of its claims alleging that the Office of...more

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