Local Governments Continue to Fight States for Right to Govern Fracking
Unlike other jurisdictions, such as the US and Angola, the UK does not have a single mining / mineral code or legislative framework. Instead, different laws and regulations apply according to the mineral type and the nature...more
Freeeport-McMoRan Oil and Gas, LLC and Ovintiv USA Inc. v. 1776 Energy Partners LLC presented a recurring question faced by Texas oil and gas producers: When can proceeds of production be withheld by the operator without...more
The COVID-19 pandemic is rapidly evolving bringing with it a flurry of mining and exploration project shutdowns in response to restrictions imposed by various governments. Managing the health and security of the workforce and...more
The final version of the revised Socio-economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter III) was released in June and published for implementation in the Government Gazette by South...more
In South Africa land ownership is separate from the right to mine minerals found in the land. The mining right holder is, however, given the right to enter land that it doesn't own to conduct mining operations....more
2018 is coming to a rapid close and it has been another rollercoaster year for the mining sector. At Hogan Lovells, we have been directly involved with, or had to provide advice, or consider all aspects from bitcoin...more
Investment in the Mining and Natural Resources Sector in South Africa has been plagued by, among others, regulatory and policy uncertainty. ...more
Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more
Despite what appears to have been a broad-based consultation process on Draft Mining Charter 2018, interested and affected parties have been invited to submit written representations on Draft Mining Charter 2018 by 27 July...more
You’ve secured the right leases. You’ve drilled nice wells in the right locations. Now, will you pay the right royalty owners? Follow Devon Energy Production Company, L.P. v. Apache Corporation, to be sure that you do....more
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
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
Valuing mineral rights in eminent domain proceedings is inherently speculative and can lead to wide swings in property valuations. So how do appraisers best deal with the uncertainty involved in mineral exploitation? The...more
On May 12, Florida Governor Rick Scott signed into law CS/CS/CS/HB 489, regarding subsurface rights disclosures. The bill creates a new Section 689.29, Florida Statutes. Beginning October 1, 2014, a seller of residential...more
On Wednesday, the Ohio Supreme Court held oral argument to determine the scope of Ohio’s constitutional guarantee of municipal “home rule.” The case—brought by the city of Munroe Falls, Ohio against Beck Energy Corp. for...more
Suppose I own a large tract of land in the region of the Barnett Shale, the exclusive right to allow (or prevent) drilling on the aforesaid land, and a desparate need for funds. You have $19 million and the desire to exploit...more
On June 13, 2013, the West Virginia Supreme Court of Appeals (WVSCA) issued its decision in Faith United Methodist Church & Cemetery of Terra Alta, et al. v. Morgan, No. 12-0080, setting forth a clear definition of the term...more