Mining

News & Analysis as of

Supreme Court Refs Call Foul on EEOC, NBA Playoff Edition

The heads of officiating at the Supreme Court called a technical foul on the EEOC for being too Cavalier about its obligation to conciliate before lacing up its Converse All-Stars and heading to court. Mach Mining v. EEOC...more

Don’t Worry, Be Happy: Supreme Court’s Decision on Conciliation a Yawn for Connecticut Employers

Wednesday, the U.S. Supreme Court ruled that the EEOC has a duty to conciliate that has go a bit beyond words before filing suit as a party. In the case, EEOC v. Mach Mining, the employer argued that the EEOC cannot just say...more

Supreme Court Decides Mach Mining, LLC v. EEOC

On April 29, 2015, the U.S. Supreme Court decided Mach Mining, LLC v. Equal Employment Opportunity Commission. The Court held that the EEOC’s compliance with its statutory obligation to attempt to informally conciliate claims...more

Supreme Court Clarifies Judicial Review of the EEOC’s Pre-Suit Conciliation Efforts

Today, the U.S. Supreme Court held in a unanimous decision, that courts have the authority to review the EEOC’s pre-suit conciliation efforts, resolving a split among the circuits and clarifying the scope of judicial...more

Justices Give Courts Authority to Review EEOC Conciliation Efforts

On April 29, 2015, the Supreme Court of the United States decided whether—and the extent to which—courts may review efforts made by the U.S. Equal Employment Opportunity Commission (EEOC) to resolve discrimination claims with...more

EEOC’s Conciliation Efforts Subject to Limited Judicial Review

The Equal Employment Opportunity Commission (EEOC) has a statutory obligation to attempt to conciliate in good faith a cause finding as a condition precedent to filing litigation. In its unanimous opinion in Mach Mining, LLC...more

U.S. Supreme Court Unanimously Rules that Courts Have a Narrow Scope to Review Whether the EEOC Complied with Its Statutory Duty...

The United States Supreme Court has announced its decision in the closely watched Mach Mining LLC v. Equal Employment Opportunity Commission case – and it was unanimous. In an opinion authored by Justice Elena Kagen that...more

Supreme Benchslap for EEOC

Title VII requires the EEOC to engage in “conciliation” once it issues a cause determination. The EEOC’s unique approach to conciliation, which typically is totally divorced from anything conciliatory, is the subject of this...more

Supreme Court Decision is Step Forward for Victims of Discrimination

In a unanimous decision, the U.S. Supreme Court held today that courts may only conduct a "relatively bare-bones review" of the EEOC's conciliation efforts. "Today's decision puts the focus of the EEOC and the courts...more

Miners Beware: Regulators Read Your Investor Presentations

On April 9, 2015, the Canadian Securities Administrators (CSA) published CSA Staff Notice 43-309 - Review of Website Investor Presentations by Mining Issuers (the Staff Notice), which summarizes the findings of a review of...more

The Silver Lining of America’s Economy

Minerals Make Life – an initiative created by the National Mining Association – has recently developed an informative infographic on the important role silver plays in our society. Out of all metals, silver is unique in that...more

Finality! Common Sense Prevails Over Wetlands Jurisdictional Determinations

“All good things come to those who wait,” certainly is not an expression that applies to property owners who receive wetlands jurisdictional determinations (JD) from the Army Corps of Engineers with which they disagree. ...more

Mining Issuers: Ensure your Websites and Investor Presentations Comply with NI 43-101

Mining issuers have their qualified persons (“QPs”) and occasionally legal counsel review technical disclosure, including news releases and technical reports, to ensure they comply with National Instrument 43-101 Standards of...more

A Skimmed Plan Nord: Keeping in Line with Quebec’s Current Economic Landscape

The Quebec government first launched its Northern Plan, le “Plan Nord”, in 2011 with great fanfare. The Plan Nord seeks to develop Quebec’s vast territory north of the 49th parallel, which covers 72 per cent of the province...more

Another George Clooney Film in the Making? Nevada Supreme Court Rejects Rule Against Perpetuities Argument for Mining Agreement

The Nevada Supreme Court recently decided that the rule against perpetuities does not apply to area-of-interest provisions in commercial mining agreements. While you should not expect this case to become a summer blockbuster...more

USDC For Delaware Affirms Bankruptcy Court’s Denial Of Derivative Standing

On March 13, 2015, the United States District Court for the District of Delaware, in the case of Walnut Creek Mining Company v. Cascade Investment, LLC, Civ. No. 14-738-LPS (In re Optim Energy, LLC, Bankr. Case No....more

China poised to acquire distressed assets

As distress in the mining industry deepens, better quality assets are being pushed onto the market. Unlike many other assets on the divestment chopping block over the past 24 months, these assets are priced to sell. And...more

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2015.

EPA's Endocrine Disruptor Screening Program Updates EDSP Comprehensive Management Plan: On February 21, 2014, the U.S. Environmental Protection Agency (EPA) updated its Endocrine Disruptor Screening Program (EDSP)...more

February 2015: International Arbitration Update

Accounting for “Country-Risk” in Assessing Damages in Investor-State Arbitration: Gold Reserve Inc. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/09/01, Award (Sept. 22, 2014). The careful treatment of the...more

Allied Nevada Gold Corp. Files For Chapter 11 Bankruptcy Protection

On March 10, 2015, Allied Nevada Gold Corp. and thirteen (13) affiliates filed voluntary chapter 11 petitions in Delaware. The petition lists approximately $941.2 million in total assets and $663.7 million in total debts....more

Australian Tax Alert: The Meaning Of "Creditable Purpose" In The Australian GST Act

Justice Davies recently handed down her decision in the case of Rio Tinto Services Ltd v FCT [2015] FCA 94, reported at 2015 WTB 7 [174]. This important test case considers the meaning of the expression "creditable purpose"...more

Exploration Development Incentive Passes Australian Senate

On 3 March 2015, legislation introducing the Exploration Development Incentive (EDI) officially passed the Australian Senate. The legislation is expected to receive Royal Assent in the coming days. The EDI has been introduced...more

General Permit Shields Mining Company from Liability for Selenium Discharge

In Sierra Club v ICG Hazard , LLC, 2015 WL 643382, the United States Court of Appeals for the Sixth Circuit held that a Kentucky coal mining company could not be sued by an environmental group for discharging selenium into...more

MSHA Tackles Rising Metal/Nonmetal Fatalities

Only two months into 2015 and it has already been a busy year for the Mine Safety and Health Administration (MSHA). Last year, MSHA launched “Voice in the Workplace” as an initiative to prompt more involvement by miners in...more

Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

February 27, 2015 was the deadline for lawmakers to introduce legislation to the 2015-2016 California Legislative Session and several bills related to oil and gas activities were introduced.  Below is a summary of those...more

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