News & Analysis as of

Mining

House Finance Committee Approves Legislation to Repeal Dodd-Frank Act Mine Safety Disclosure Requirements

The House Financial Services Committee took a first step toward repeal of the mine safety disclosure requirements on November 15, 2017, with its approval of H.R. 4289. This bill proposes to eliminate the requirement...more

Senate Confirms Trump Selection For MSHA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: President Trump’s selection for Administrator at MSHA has been confirmed this week by the Senate. In a 52-46 vote, David G. Zatezalo, of West Virginia, was confirmed by the U.S. Senate this week, on...more

Zatezalo Confirmed As The Assistant Secretary Of Labor For The Mine Safety And Health Administration

by Jackson Lewis P.C. on

On November 15th, 2017, David Zatezalo was confirmed as the new Assistant Secretary of Labor for the Mine Safety and Health Administration. The Senate voted 52 for and 46 against to confirm Mr. Zatezalo, as the vote went...more

How viable is hybrid energy in remote mining locations?

by DLA Piper on

Providing remote mining locations with a reliable and cost-effective energy source is an ongoing challenge, but technology may be on hand to provide an alternative solution. ...more

Senate Confirms David Zatezalo to Head MSHA

By a vote of 52-46, on November 15, 2017, the United States Senate confirmed David G. Zatezalo to be the new Assistant Secretary for Mine Safety and Health. Zatezalo takes the position last held by Joseph A. Main, former...more

[Webinar] MSHA Recordkeeping Requirements and Document Production - November 29th, 1:00pm ET

by Conn Maciel Carey LLP on

Recordkeeping requirements such as workplace exams are well-known and often discussed with MSHA inspectors, however these are far from the only records that MSHA requires operators to maintain. On top of knowing which records...more

Mobile Equipment Accidents Contribute To Metal/Non-Metal Fatalities in 2017

by Jackson Lewis P.C. on

During 2017, there have been multiple metal/non-metal fatalities involving mobile equipment. The most recent fatalgram posted on the MSHA website described an October 17, 2017 fatality involving an operator that was ejected...more

Arkansas Department of Environmental Quality Office of Land Resources Update: Kevin White (Deputy Director) Arkansas Environmental...

Mr. Kevin White undertook a presentation at the Arkansas Environmental Federation Convention/Tradeshow titled: Arkansas Department of Environmental Quality of Land Resources Update (“Presentation”) ...more

Mine Safety Agency Proposes Further Changes To The Examinations Of Working Places In Metal And Nonmetal Mines Final Rule

by Jackson Lewis P.C. on

On September 12, 2017, the Mine Safety and Health Administration (MSHA) published two proposed rules seeking to further amend the Examinations of Working Places in Metal and Nonmetal Mines final rule which was published on...more

Court of Appeal confirms jurisdiction over Zambia environmental damage claims against UK-domiciled parent and local subsidiary

by Dentons on

The Court of Appeal last week upheld jurisdiction over claims by Zambian citizens arising from discharges from a copper mine. In Lungowe & Ors v. Vedanta Resources Plc & Anor [2017] EWCA Civ 1528, Jackson, Simon and Asplin...more

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

by Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

David Zatezalo Testifies Before Senate HELP Committee

by Jackson Lewis P.C. on

The Senate Committee on Health, Education, Labor and Pensions (HELP) questioned Donald Trump’s nominee to be the new head of MSHA, David Zatezalo, about small mine compliance assistance and technological advances within the...more

CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Snell & Wilmer on

On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

[Webinar] The Evolution of Imminent Danger Orders: Applications By MSHA and Legal Developments - October 26th, 1:00pm ET

by Conn Maciel Carey LLP on

In the last several years, MSHA has issued 107(A) Imminent Danger orders with increased frequency. On the surface, these orders seem self-explanatory, yet the agency has been moving beyond the common assumption that these...more

Human Rights Considerations & Best Practices for Energy Companies

by King & Spalding on

International human rights laws and norms are increasingly playing a role in shaping how energy companies conduct their business all over the world. Shareholders increasingly demand compliance with human rights norms;...more

Urban Mining Briefing Reveals Huge Global Potential

by Latham & Watkins LLP on

Germany’s increasing shortage of natural resources and the corresponding mounting cost of extracting raw materials signals the need for alternative and innovative ways of collecting and recycling secondary raw...more

Currents - Energy Industry Insights - September 2017#4

U.S. Crude Exports to Asia May Shake Up Global Oil Pricing: Russell "The great disruptor that is U.S. shale oil is coming to Asia, as refiners in the energy-hungry region look to expand and diversify their sources of...more

Court Holds Project Construction Constitutes “Mining” on Tribal Lands

by WilmerHale on

Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind turbines constituted “mining” under the federal regulation governing mineral...more

Schwabe Defends Tribal Sovereignty

The trial team of Brien Flanagan, Aukjen Ingraham and Sarah Lawson successfully stood up to outside parties attempting to interfere in the Navajo Nation’s economic activity. Federal Judge Steven Logan granted the Navajo...more

Trump Administration Rulemaking Process to Redefine Scope of Clean Water Act – How Your Company Can Participate

by Dorsey & Whitney LLP on

One of the most difficult and costly aspects of developing mining projects in the United States is the permitting requirements under the Clean Water Act (CWA). The Trump administration is currently undertaking a rulemaking...more

MSHA Reopens Rulemaking on Workplace Examination Standard and Proposes to Delay Effective Date

On September 12, the Mine Safety and Health Administration (MSHA) published in the Federal Register two proposed rules on Examinations of Working Places in Metal and Nonmetal Mines, reopening the rulemaking to consider two...more

Mine Safety and Health Administration (MSHA) Delays Effective Date (Again) and Proposes Limited Changes to Final Rule For...

by Conn Maciel Carey LLP on

Mine operators will not have to comply with MSHA’s much anticipated final rule for the Examinations of Working Places in Metal and Nonmetal Mines by October 2, 2017, as the rule’s effective date was once again delayed....more

Financial assurance and mine rehabilitation reform in Queensland

by DLA Piper on

In May 2017, the Queensland Government released two discussion papers outlining proposed changes to Queensland's financial assurance and rehabilitation framework. The consultation period has now closed and the Queensland...more

[Webinar] Managing MSHA Investigations - September 26th, 1:00pm ET

by Conn Maciel Carey LLP on

MSHA investigations can catch operators off-guard and are laden with small comments or mishaps that can escalate into enforcement nightmares. The tactics and personnel used during MSHA investigations are typically much more...more

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