Natural Resources

News & Analysis as of

Greater sage-grouse and land use in the inter-mountain west

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

It’s All Good – New Jersey Judge Approves NJDEP’s Controversial $225 Million Settlement with ExxonMobil

After months of controversy, public comments, response to public comments, motions to intervene, amicus briefs, oral arguments, editorials and a sustained flurry of activity in social media, the decision we have been waiting...more

Proposed Policies for Implementing B.C.’s New Water Sustainability Act Available for Comment

On July 30, 2015, the British Columbia government released four discussion papers for public comment outlining proposed new policies for regulations under the Water Sustainability Act. These papers are important as much of...more

Land Use & Natural Resources Case Law Update Second Quarter 2015

Banning Ranch Conservancy v. City of Newport Beach - 236 Cal.App.4th 1341 - This case involved the City of Newport Beach’s approval of a mixed-use development project on land located within the coastal zone. Banning...more

Owners and Developers Should Review Permits Now Before Time Runs Out

At the end of June, Governor Raimondo signed into law legislation that suspends the running and expiration of all development permits until June 30, 2016. This suspension further expands a permit toll that has been in place,...more

Dentons conference on “Investing in Africa: Key sectors”

Dentons organized a conference entitled “Investing in Africa: Key sectors” at the MEDEF (the largest employer federation in France) conference hall in Paris. Partners from Dentons and professionals with experience in...more

Recent developments in Canada expected to impact climate change policy - Canada makes INDC commitment ahead of Paris COP

Canada joined 36 other countries in May and submitted its intended nationally determined contribution (INDC) to the UNFCCC in advance of the Paris COP 21. Canada’s INDC is noteworthy in that it contains some interesting...more

EU Court of Justice rules on consequences for operators who understate emissions in a verified report

On April 29, 2015, the Court of Justice of the European Union (ECJ) gave its judgment concerning penalties for failing to surrender sufficient emission allowances under Article 16(3) of the EU Emissions Trading Scheme (EU...more

European alliance of plant breeders fails to halt the march of the Nagoya Protocol

The CJEU has rejected two challenges to the EU Regulation implementing the Nagoya Protocol. This piece of international law has changed significantly the way that biological natural resources are accessed, researched and...more

Chairmen of U.S. Congressional Environmental Committees Criticize EPA’s Failure to Consult Regarding the Potential Impacts of...

On June 15, 2015, Senator James Inhofe (R-Okla.), Chairman of the U.S. Senate Committee on Environment and Public Works, and Congressman Rob Bishop (R-Utah), Chairman of the U.S. House Committee on Natural Resources, sent a...more

News from Second and State

It was a quiet week in the capital city, with Monday being a national holiday and no voting session for either chamber. That’s not to say that nothing newsworthy happened. On Tuesday, Gov. Tom Wolf announced the creation of a...more

Shining a Light on Payments to Governments: The Current State of “Publish What You Pay” Rulemaking Around the World

Over the last few years, a number of key jurisdictions have adopted regulations requiring companies engaged in natural resource extraction activities to disclose the payments they make to governments and state-owned...more

MLP Qualifying Income – Treasury and IRS Issue Proposed Regulations

On May 5, 2015, the Department of the Treasury and the Internal Revenue Service (IRS) issued proposed regulations that provide much-anticipated guidance on the scope of qualifying income under Section 7704(d)(1)(E) of the...more

IRS Proposes Guidance for Determining MLP Qualifying Income

Proposed regulations seek to provide rules for determining MLP qualifying income from certain activities and services performed with respect to minerals or natural resources. On May 5, 2015, the Internal Revenue...more

Report by House Natural Resources Committee Highlights Shortcomings in Use of Peer Review Science by U.S. Fish and Wildlife...

On December 15, 2014, the House Natural Resources Committee majority staff published a report titled “Under the Microscope: An examination of the questionable science and lack of independent peer review in Endangered Species...more

UPDATE: Examination Of Title To Unpatented Mining Claims

For purposes of “discovery” of a valuable mineral deposit, the Interior Board of Land Appeals (IBLA) has recently held that the “prudent man” test does not require that Bureau of Land Management (BLM) consider the current...more

First AIPN Model Contract for Unconventional Resource Operations

Concluding two years of work by a drafting committee comprised of more than 160 industry representatives from 26 countries spread across five continents, the Association of International Petroleum Negotiators (AIPN) on 25...more

New Canadian Resource Revenue Transparency Rules Released

On October 23, 2014, the Government of Canada introduced its Extractive Sector Transparency Measures Act (the Bill), which will impose mandatory reporting requirements for each entity engaged in the "commercial development of...more

Structuring Energy and Natural Resource Investments into Sub Saharan Africa

An improving investment climate - Perceptions of Africa as an investment destination are changing rapidly and parts of Africa are increasingly considered very attractive for foreign direct investment. Compare this to...more

Indian Supreme Court Cancels Mining Concessions

On 24 September 2014, the Indian Supreme Court cancelled 214 out of the 218 existing coal-mining licenses. The only mining licences which were not cancelled were four coal blocks made to Government controlled undertakings...more

North Dakota Reminds Negotiators: Be Careful What You Say

Do you think that what you say when negotiating a mineral lease does not matter once the agreement is inked and contains boilerplate language declaring it to “supersede all prior negotiations” and “be the complete agreement...more

Mongolia's new Petroleum Law now in effect – key points of its investor-friendly incentives

In the latest effort by the Government of Mongolia (GoM) to increase foreign investment and accelerate economic activity, the Great Khural, or Parliament, has adopted the Law of Mongolia on Petroleum. The law is already in...more

Exporting compressed natural gas from the US

In a divided opinion, the Federal Energy Regulatory Commission has found that it does not have jurisdiction over facilities proposed by Emera CNG, LLC to compress natural gas for export to the Bahamas by ship....more

A Brave New World of Water Regulation

A brave new world of water regulation - Since the state of California was born, the right to extract and use groundwater has been virtually unregulated — the law has provided few tools to limit or manage how...more

Mining & Metals: Opportunity & Risk — Weathering the bottom of the cycle

Weathering the bottom of the cycle - Even the global resources giants have been forced to look inwardly and restructure more than just their business strategies in order to cope with the pressures of the prolonged...more

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