News & Analysis as of


MPRDA compliance: is it required?

by Hogan Lovells on

In South Africa, only one person can hold a valid prospecting or mining right for a particular mineral on land in terms of the governing Mineral and Petroleum Resources Development Act, No 28 of 2002 (MPRDA)....more

Can modern technology improve health and safety and save lives?

by Hogan Lovells on

The mining and construction sectors have, historically, been highly labour-intensive, with both these sectors being large-scale employers. Both sectors also consist of a diverse range of employers from small-scale operations...more

Out and About - Investing in African Mining Indaba 2018

by Hogan Lovells on

The Investing in African Mining Indaba, more commonly referred to as the Mining Indaba, is held on an annual basis in Cape Town, South Africa....more

MSHA Rolls Out New System To Improve Mine Inspections

by Jackson Lewis P.C. on

On February 22, 2018, the Mine Safety & Health Administration (MSHA) announced that it would be instituting a new Mobile Inspection Application System (Mobile IAS) to improve and further enhance the efficiency and...more

Parent company liability in England for human rights impacts abroad: Lungowe v Vedanta

by Hogan Lovells on

Conventionally, a "corporate veil" and the doctrine of "forum non-conveniens" have isolated UK businesses from human rights related claims arising out of the operations of their foreign subsidiaries. ...more

Mine Your Own Business: Multinational Mining Company Seeks Protection Of Alleged Trade Secrets During Discovery

Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more

Trump administration: "Critical Minerals" could spur U.S. mining activity

by Hogan Lovells on

Recent actions by the Trump administration have focused on encouraging U.S. based development of identified “Critical Minerals,” which could lead to significant policy changes designed to invigorate domestic mining activity....more

A challenging year for the African mining sector in 2017—what does 2018 hold?

by Hogan Lovells on

Commodity trends of 2017 - will these change in 2018? There was a strong, consistent focus on thermal and coking coal, gold, copper and the platinum group metals. Interest in chrome, iron ore and manganese picked up,...more

The South African mining industry is changing, and that's a fact

by Hogan Lovells on

2017 was another tempestuous year for the South African mining and natural resources sector. The sector was disrupted by a range of changes and uncertainties, including the publication of the Reviewed Broad-Based Black...more

MSHA To Strengthen Scofflaw Program In Order To Enforce Collection Of Fines

by Jackson Lewis P.C. on

In an op-ed published on March 6th, 2018 in the Wheeling News Register, Assistant secretary for MSHA, David Zatezalo, announced plans to prioritize the collection of unpaid MSHA fines through the agency’s scofflaw program....more

Assistant Secretary Zatezalo Shares His Vision for MSHA

After 41 years in the mining industry and three months as the Assistant Secretary of Labor for Mine Safety and Health, David Zatezalo, has begun to publicly outline his vision for the Mine Safety and Health Administration...more

Can Trump Save Coal Without Killing All the Miners?

Last month, the New York Times reported on the identification of the largest cluster of advanced black lung cases ever reported. (And lest you think that this is fake news, the Times contains a link to the article, which was...more

Open Cut Land Reclamation Act Enforcement: Arkansas Department of Environmental Quality and Washington County, Arkansas Property...

The Arkansas Department of Environmental Quality (“ADEQ”) and Lloyd and Betty Thurman (“Thurman”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control...more

Tenth Circuit Takes Expansive View of the Definition of the Term “Mining,” Holding Wind Farm Project Needs Permit Prior to...

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court...more

Coming Your Way: Digital MSHA Inspectors

by Husch Blackwell LLP on

MSHA announced last week that it’s mine safety inspectors are joining the digital age. Goodbye, “general field notes” on lined paper? Hello, customized tablets. MSHA says that it’s now starting to deploy the new system,...more

Will zinc retain its base metals crown in 2018?

Zinc, nickel and copper markets are on the front foot at the start of 2018. Our GFMS analysts examine the base metals outlook, including supply shortages, electric vehicle demand and an uncertain Chinese property market....more

Mining & Metals 2018: Full speed ahead?

by White & Case LLP on

The larger diversifieds delivered sizeable returns for shareholders in 2017, with the promise of more to come. But what does the overall picture look like for 2018? Thanks to surging commodity prices driven by robust...more

Amendments to the Mining Act in Tanzania

by Dentons on

Following the extensive amendments to the Mining Act, Cap.123 of the Laws of Tanzania (Act No. 14 of 2010) (the Mining Act) by the Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 (TEIA) whereby a...more

Comprehensive Environmental Response, Compensation and Liability Act/Hardrock Mining: February 21st Announcement of Declination to...

The United States Environmental Protection Agency (“EPA”) published a February 21st Federal Register Notice announcing its decision to not issue final regulations for Comprehensive Environmental Response, Compensation and...more

Interference With Development Results in Multi Million Dollar Judgment

Developers often pay more to handle projects that face public opposition, but it isn't often that developers get paid by such opposition groups....more

Currents - Energy Industry Insights - February 2018 #3

Trump Budget Seeks 23 Percent Cut at EPA, Eliminating Dozens of Programs - "The fiscal 2019 proposal released marks the Trump administration's latest attempt to shrink the reach of an agency the president once promised to...more

MSHA’s February 12, 2018, Quarterly Training Call and Stakeholder Update

On February 12, 2018, the Mine Safety and Health Administration (MSHA) held its first stakeholder/quarterly training call of the year, which featured Assistant Secretary for Mine Safety and Health David G. Zatezalo. During...more

Africa Focus: Spring 2018: Outlook for mining in Africa - Demand for commodities is strengthening, but challenges persist.

by White & Case LLP on

Resource-rich Africa has long been targeted by international investors and perhaps no more so than today. New technologies linked to the development of electric vehicles and rechargeable batteries have increasingly turned the...more

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

by Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

by Snell & Wilmer on

On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more

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