Natural Resources

News & Analysis as of

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

Ohio Appeals Court Finds Leases To Be Valid

On September 26, 2014, the Ohio Court of Appeals for the Seventh District issued its opinion rejecting a trial court opinion in a statewide class action that had invalidated thousands of oil and gas leases based on a commonly...more

Monumental Effort By Some To Comply With Conflict Minerals Rule: Is It Helping Or Hurting?

For some companies, compliance with the SEC’s conflict minerals rule required a truly monumental effort. According to this article in the WSJ, one company identified over 38,000 suppliers– pause on that a moment: thirty-eight...more

Drilling at depth – proposed changes to subterranean rights

The government’s consultation on underground drilling access for the extraction of gas, oil and geothermal energy came to an end on 15 August 2014. The consultation sought views on the government’s proposal to introduce new...more

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

House Subcommittees Hold Joint Hearing On Characteristics Of Bakken Crude Oil

On September 9, 2014, the House Science, Space, and Technology Subcommittees on Energy and Oversight held a joint hearing entitled Bakken Petroleum: The Substance of Energy Independence. The hearing examined the...more

Malian Mining Sector Update: Mining Licenses Revocations and Mitigation Strategies

On 31 July 2014, the government of Mali announced that approximately 30 % of all mining permits—spanning a surface area of more than 5,000 square miles—had been cancelled in order to “clean up the sector.” Permits revocations...more

United States Claims Victory As WTO Appellate Body Issues Report In Dispute Over China's Rare Earth Export Restraints

On August 7, 2014, the World Trade Organization (WTO) Appellate Body upheld a March 2014 Panel decision regarding China's export restrictions on rare earth materials including tungsten, molybdenum, and other rare earth...more

House Committee Holds Hearing on Proposed Endangered Species Act Amendments

This morning, the House Committee on Natural Resources is holding a legislative hearing on six proposed amendments to the Endangered Species Act (ESA). The six proposed amendments are...more

Ninth Circuit Rejects Environmental Groups’ RCRA Claims Against Railyard Operators

The Ninth Circuit has affirmed the dismissal of claims by environmental groups attempting to characterize air emissions from California railyards as “disposal” of waste under the Resource Conservation and Recovery Act (RCRA)....more

EPA Lays Out Its Vision for the Future of the RCRA Regulatory Program

Enacted in the bicentennial year of 1976, the Resource Conservation and Recovery Act (RCRA) is approaching its 40th anniversary. To celebrate this milestone, and to lay a path forward for the future of the RCRA program, EPA...more

Zinc: It's Not Just for Lifeguards

Minerals Make Life - an initiative created by the National Mining Association - has recently developed an infographic explaining the importance of the mineral zinc....more

What Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as...

Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court...more

Alaska Department of Natural Resources Seeks Comment on Precedent-Setting Instream Flow Water Right

Instream flow rights can be controversial among consumptive water users because they decrease the legally available supply of water for other uses that may arise in the future. Conversely, instream flow rights are often...more

Did an Ohio Spill Expose a Leak in Ohio’s Hydraulic Fracturing Disclosure Laws?

After a recent accident at an Ohio unconventional drilling site, Governor Kasich expressed concern about the state’s fracturing-fluids-disclosure laws. The June accident spilled chemicals ­– including the drilling company’s...more

Will the Commerce Department’s Approval to Export Condensate Change the World?

The reporting in late June of the Commerce Department’s private rulings that authorized two companies to export condensate has ignited discussions regarding the real prospect of changes in U.S. oil export policy. Industry...more

Environmental Alert: "EPA's Inspector General Says EPA Must Improve Efforts regarding Methane Emissions from Pipelines"

On July 25, 2014, EPA’s Office of Inspector General (OIG) issued “Improvements Needed in EPA Efforts to Address Methane Emissions from Natural Gas Distribution Pipelines.” In this report, OIG cited President Obama’s Climate...more

Congress Moves to Assist Renewable Development on Government Land

Congress recently considered three bills intended to facilitate renewable energy development on federal lands. On July 29, the House Natural Resources Committee’s Subcommittee on Energy and Mineral Resources considered H.R....more

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