Podcast - Panorama del sector energético en Colombia
Challenges for Infrastructure Projects in the Current Environment
The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more
The New York Supreme Court (Appellate Division) (“Court”) addressed in a March 3rd Memorandum and Order (“Memorandum”) a challenge to the New York Department of Environmental Conservation’s (“NYDEC”) acceptance of a...more
Ms. Maureen Wren, Director of Media Relations of the New York State Department of Environmental Conservation (“NYS DEC”) noted a needed correction and addition to this post. Ms. Wren stated the post should have indicated...more
Last month, the UK Supreme Court overturned the judgment of the Court of Appeal and allowed a claim for damages from claimants in the Niger Delta to proceed against Royal Dutch Shell plc and its local subsidiary Shell...more
The Minnesota Court of Appeals (“Court”) addressed in a March 23rd Order the Minnesota Pollution Control Agency’s (“MPCA”) grant of an air emissions permit to PolyMet Mining, Inc. (“PolyMet”). See In re Issuance of Air...more
The Court of Appeal's recent decision in Kadie Kalma & Ors v African Minerals Ltd stands as a stark reminder of the risks and responsibilities companies bear when operating in sectors and jurisdictions with a high risk of...more
The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks...more
We recently reported that on June 11, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Mine Safety and Health Administration’s (“MSHA”) 2018 rule...more
A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the...more
Judge Rules Against Oil Companies to Keep Climate Liability Case in Rhode Island - "The ruling will allow Rhode Island prosecutors to continue to bring charges against 21 oil and gas producers including Chevron, Shell and...more
The United States Court of Appeals for the District of Columbia (“Court”) issued a July 19th decision addressing the United States Environmental Protection Agency’s (“EPA”) decision to not develop financial responsibility...more
The Ontario Court of Appeal recently released the second of two highly anticipated decisions stemming from the receivership proceedings of Dianor Resources Inc. The first decision clarified the test used to determine when a...more
Due to a recent court decision, metal/nonmetal mine operators are again facing the possibility of having to comply with two of the more onerous provisions of the Mine Safety and Health Administration’s (MSHA) workplace...more
The case of Vedanta Resources plc and Konkola Copper Mines plc v Lungowe and others has received a lot of attention in recent years. In essence, 1,826 Zambian citizens are suing Konkola Copper Mines plc (a public company...more
Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) provides “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise of the statutory rights of any...more
On September 14th, 2018, the United States (U.S.) Court of Appeals for the Ninth Circuit in the Eastern District of Washington (the "Court"), upheld the District Court decision to hold Canadian mining company, Teck Cominco...more
Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006....more
Here’s an all-too-familiar story with an all-too-uncommon ending. An MSHA inspector saw equipment positioned a certain way, assumed that someone had used it unsafely in that position, and issued a citation. A judge then...more
Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more
A Brazilian mining and steelmaking company (Companhia Siderurgica Nacional, S.A. (“CSN”)), a Brazilian insurance company (IRB Brazil Resseguros, S.A. (“IRB”)), and an American insurance company (National Indemnity Company...more
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
Nevsun Resources, a British Columbia mining company, has asked the Supreme Court to hear its appeal from a recent B.C. ruling that would send the human rights claims of a group of Eritrean plaintiffs towards trial....more
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
The Tenth Circuit on July 19, 2017, in Chevron Mining, Inc. v. United States, reversed a decision by the District Court for the District of New Mexico and held that the United States is liable as an “owner” under the...more
In a published opinion filed August 31, 2016, the Sixth Appellate District Court of Appeal rejected claims under CEQA and the Surface Mining and Reclamation Act (“SMARA”; Pub. Resources Code, §§ 2700, et seq.), and affirmed...more