News & Analysis as of

Mining

Mine Safety Agency Issues Alert On Coal Truck Dumping Safety

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued a safety alert following the death of a tractor trailer coal truck driver whose truck tipped over earlier this year. MSHA said the driver was driving a tractor trailer...more

New York Court Holds Pollution Exclusion Applicable to Pollution Caused by Covered and Uncovered Causes

In its recent decision in Matter of Midland Ins. Co., 2017 N.Y. App. Div. LEXIS 5065 (N.Y. 1st Dep’t June 22, 2017), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider the...more

Once empowered, but not anymore?

by Hogan Lovells on

Swift, decisive and severe. This was the immediate reaction to the much anticipated third mining charter for the South African mining industry. No sooner had the Minister of Minerals announced, published and brought into...more

Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

by Best Best & Krieger LLP on

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel...more

Mine Safety Agency Launches ‘Training Assistance Initiative’ For Miners With Less Experience

by Jackson Lewis P.C. on

Recent coal-mining deaths have prompted the Mine Safety and Health Administration to launch a voluntary “training assistance initiative” for miners with less than one year of experience in mining or in their current job, MSHA...more

Iran and Russia Sanctions Pass US Senate

by Hogan Lovells on

Last week, the U.S. Senate acted to pass both new Iran and Russia sanctions by large bipartisan margins. The House of Representatives has not yet acted on either piece of legislation. We anticipate that Congress will...more

Publication of Mining Charter 2017 - Where to from here?

by Hogan Lovells on

The publication of the Reviewed Broad-based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 in the Government Gazette on 15 June 2017 (MC17) had and immediate, dramatic effect on...more

Tenth Circuit Finds CERCLA Contribution Claim Not Barred by Bankruptcy Approval of a Settlement Estimating Liability for the Site

Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action, the Tenth Circuit ruled that a mining company, whose...more

With Mining Law Segregation on 10 Million Acres to Expire in Three Months, Interior Forms Sage-Grouse Review Team

by Stoel Rives LLP on

Late Wednesday Secretary of the Interior Zinke signed Secretarial Order 3353 establishing a Sage-Grouse Review Team to review the Obama Administration’s 2015 amendments to federal land use management plans. To avoid listing...more

Arbitration Bribery Corruption and Disputes - it's not as easy as ABCD

by Hogan Lovells on

Foreign Corrupt Practices Act ("FCPA") - For energy, mining, and resources companies, the cost of corruption—and getting caught—is real. Less than two months ago, Odebrecht S.A. was ordered by a U.S. federal judge to pay a...more

Mine Safety Agency Issues Alert For Effective Check-In/Check-Out Systems

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued an alert on the importance of employing an effective check-in/check-out system in metal and nonmetal underground mines that lets employers know how many people are...more

Converting Environmental Liabilities to Assets: Repurposing Inactive and Abandoned Mine and Mineral Processing Sites

by Sullivan & Worcester on

Under the Brownfields Law of 2002, EPA and other federal agencies have established a variety of programs focused on promoting and funding the repurposing of abandoned mine lands (AMLs), broadly defined as lands, waters, and...more

Mining Risks in Latin America: A Changing Landscape (Part 1)

by Zelle LLP on

Latin-America has some of the world’s largest mines. Chile’s Mina Escondida is the largest copper producing mine in the world. Mexico is the world’s largest silver producer. Chile is also posed to become the largest lithium...more

Mine Safety and Health Administration (MSHA) Further Delays Effective Date of New Workplace Exam Rule for Metal/Nonmetal Mines

by Conn Maciel Carey LLP on

On May 22, 2017, MSHA published another extension of the enforcement effective date for its new rule governing the Examinations of Working Places in Metal and Nonmetal Mines, just one day prior to the initially announced...more

Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation...

by Carlton Fields on

Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail...more

Met Coal Still a Hot Commodity But Coal Regulatory Enforcement Resources Have Cooled

by Conn Maciel Carey LLP on

The Wall Street Journal reported this week that metallurgical coal (or “met” coal) remains a sought-after commodity despite the general malaise of the coal industry as a whole. Met coal is a higher-grade coal than the thermal...more

Mine Safety Inspection Rule Delayed to October

by Jackson Lewis P.C. on

The effective date of a Mine Safety and Health Administration rule requiring safety inspections of hardrock mines before workers begin their shifts will be delayed to October 2, 2017. Previously, mine operators were...more

Gold King Mine: In It For The Long Haul

by Fox Rothschild LLP on

The Gold King Mine was in the news this week – by way of a reminder, the Gold King Mine wastewater release occurred from an inactive Colorado gold mine near Silverton, Colorado, back in August of 2015 and the impacts were...more

Mine Safety Agency Issues Close Call Accident Alert After Structural Failure

by Jackson Lewis P.C. on

The Mine Safety and Health Administration issued a “close call accident alert” after a structural failure at a sand and gravel mine. MSHA said that a scrubber tower located at the mine structurally failed moments after a...more

Financial Assurance Reform in Queensland

by DLA Piper on

Findings and recommendations by the Queensland Treasury Corporation in its Review of Queensland's Financial Assurance Framework report (April 2017) (QTC Paper) have manifested in substantial proposed reforms to Queensland's...more

Reforms Lead to New Opportunities in Saudi Arabia - Transformative changes in Saudi Arabia are opening up new opportunities in...

Saudi Arabia has recently adopted new policies aimed at transforming its economy, including plans to sell shares in the state oil company, Saudi Aramco, and to expand its Public Investment Fund (PIF) to diversify its...more

Workwise: Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents

by Field Law on

The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents....more

Challenge To Mine Safety POV Rule Stayed For Settlement Talks

by Jackson Lewis P.C. on

An Ohio court case on the validity of the Mine Safety and Health Administration’s 2013 rule on “pattern of violation,” or “POV,” may be near an end. At the joint request of the plaintiffs and MSHA, a judge for the U.S....more

Mining the Deep Seabed for Renewable Energy

by Stoel Rives LLP on

On Friday the China Minmetals Corporation signed a 15-year contract with the International Seabed Authority (ISA) for exploration of polymetallic nodules on the deep seabed of the Pacific Ocean. The ISA has now executed...more

Risk Mitigation and Allocation Strategies in Contract Drafting for Terminal Services Agreements

by Dentons on

A terminal services agreement (TSA) is a contract for a mining producer/shipper to warehouse and through-put its product en route to its customers. The following article outlines a number of ways TSAs can be drafted to...more

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