News & Analysis as of

SMARA Amendments Moving Forward in State Senate

SB 1270, sponsored by State Senator Fran Pavley (D-Agoura Hills), survived the Senate Committee on Natural Resources and Water on April 29, 2014 by a 7-2 vote. ...more

A Resurgence in U.S. Manufacturing Requires a Sensible Mining Permitting Process

A new short video found at the website for Minerals Make Life - a National Mining Association initiative - illuminates the close ties between the widespread resurgence of manufacturing in the United States and the need for...more

Mandatory Reporting Standards For Payments By Extractive Industry Companies

The Government of Canada recently issued a Consultation Paper regarding proposed mandatory reporting standards (the proposed standards) for payments by extractive industry companies to governments, both domestic and foreign,...more

New Information on Demand for Rare Earths Demonstrates Need to Increase Efficiency in U.S. Mining Permitting Processes

Minerals Make Life - a national, non-profit mining association - has recently developed an illuminating infographic indicating the increased demand for rare earth minerals. Presence of these minerals in the earth’s crust is...more

Substantial Rewriting of SMARA Proposed Bill Would Decrease Local Agencies' Role: SB 1270 May Also Adversely Affect Local...

Under proposed Senate Bill 1270 (Pavley), the Surface Mining and Reclamation Act (SMARA) would be substantially revised, reducing the role of local agencies in regulating mines in their jurisdictions. Because SB 1270 would...more

Ministerial Might – ICAC Opens the Door for Increased Oversight of NSW Tenement Dealings

The New South Wales (NSW) Government has recently introduced the Mining and Petroleum Legislation Amendment Bill 2014 (NSW) (Bill) in the Legislative Assembly. The Bill proposes to amend the Mining Act 1992 (NSW) (Mining Act)...more

Minnesota Environmental Quality Board Approves Model Standards For Local Silica Sand Mining Regulations

On March 19, the Minnesota Environmental Quality Board (EQB) approved its proposed model standards for local silica sand mining regulations and planning. The standards are intended to serve as guidelines for city and county...more

Proposed EU Legislation on Conflict Minerals Published

On 5 March, the European Commission (“the Commission”) published its long-awaited draft legislation on conflict minerals. The proposal for a regulation setting up a Union system for supply chain due diligence...more

Ivory Coast: New Mining Code

A new mining code (the “New Mining Code”) was voted by the Ivorian Parliament on March 5. Current mining titles will be valid for their remaining term but their renewals will be subject to the provisions of the New Mining...more

Mineral Matters - Winter 2014

Introduction - Welcome to the latest edition of Minerals Matters and a slightly belated Happy New Year to you all. No doubt as you read this the holiday season seems a long time ago, but hopefully you had the oppor...more

Domestic Mineral Processing and Beneficiation in Indonesian Mining Sector

Introduction and Background - As participants in the Indonesian mining sector continue to consider the implications of the 2009 mining law requiring certain types of in-country processing and beneficiation, the...more

Indonesian Government Imposes Export Ban on Nickel and Bauxite

As of January 12, Indonesia has banned the export of the unprocessed ores, nickel and bauxite. The ban may have consequences for investments in the area and could trigger international claims by foreign investors and...more

Tanzania: A Wellspring Of Opportunity

New natural gas frontiers - The first commercialisation of natural gas discoveries in the 1970’s and 80’s enabled further on and off-shore exploration in Tanzania. As of June 2013, ensuing discoveries amount to 42.7...more

Legislative Update Report - No. 2014-02 - Jan 24, 2014

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Indonesian Mining Law – What's Going On?

Resources nationalism is not confined to Africa. In 2009, the Indonesian Parliament passed a new Mining Law (Law No. 4 of 2009 on Mineral and Coal Mining). In addition to replacing the established "Contract of Work" system...more

Mining Update: Indonesian Ore Ban – Temporary Relief But At A Price

As Is Widely Known, The Indonesian Export Ban On Ore Has Come Into Effect On 12 January 2014. The Regulation Has Caused Commotion In The Industry And The Indonesian Government Was Under Pressure To Alleviate Some Of The...more

General Statements About Future Expansion Do Not Trigger NEPA “Cumulative Impact” Analysis Requirement For CWA Section 404 Permit

In a ruling that stands to benefit project proponents, the Ninth Circuit Court of Appeals, in Jones v. National Marine Fisheries Service, Case No. 11-35954 (9th Cir., Dec. 20, 2013), found that the Army Corps of Engineers...more

Explore - Insights from DLA Piper Mining Sector (Global)

In This Issue: - Editorial - About our mining sector - Take or Pay Contracts, a double-edged sword - Africa Rising - Protect, Respect and Remedy – Human Rights and the Mining Industry - Mine Your Own...more

The Meaning Of “DRC Conflict Undeterminable”

Some issuers who are required to progress far enough down the conflict minerals decision tree may be unable, after performing due diligence, to determine whether conflict minerals in relevant products financed or benefitted...more

Mining: New challenges and opportunities  [Video]

John Tivey, Global Head of Mining & Metals at law firm White & Case, presents his views on the new challenges and opportunities in the mining industry....more

Mining Review -- July 2013: Publish What You Pay Laws – Getting it Right Here in Canada

That various payments to domestic and foreign governments by natural resource companies should be subject to transparency obligations is now universally accepted as good public policy. Increasingly however, governments are...more

California Environmental Law and Policy Update - July 25, 2013

Environmental and Policy Focus: Interior Chief defends federal hydraulic fracturing regulations -- Bloomberg - Jul 18: Interior Secretary Sally Jewell drew on her experience as a former oil-industry engineer to defend...more

Mining Review -- July 2013: Ontario Securities Commission Review of Technical Reports Identifies “Unacceptable” Level of...

On June 27, 2013, Staff of the Ontario Securities Commission (Staff) released OSC Staff Notice 43-705 – Report on Staff’s Review of Technical Reports by Ontario Mining Issuers (the Notice). The Notice provides an overview of...more

What next for Guinea’s regulation? Tracking the evolution of the Guinean mining code against the ups and downs of the global...

On April 9, 2013, the Republic of Guinea enacted amendments to its 2011 mining code, with the aim of reinforcing the message to international investors that Guinea is open for business. In a press statement, the Guinean...more

Comparison of Conflict Minerals Regulation: EU/United States

The European Union may soon join the United States in requiring certain companies to investigate and disclose whether certain minerals used in their products originated in conflict-affected or high-risk areas. On June 26,...more

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