Local Governments Continue to Fight States for Right to Govern Fracking
Recently, in United States v. Osage Wind, LLC, the Northern District of Oklahoma awarded permanent injunctive relief in favor of the Osage Nation and the United States against wind turbine farm developers in the form of...more
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
In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
As more renewable energy projects are being developed across the United States, the number of projects in areas that contain active oil and gas and mining operations continues to rise. In the beginning stages of greenfield...more
The Court of Federal Claims addressed in a May 29th opinion a Fifth Amendment Takings Claim associated with the United States Environmental Protection Agency’s withdrawal of a Clean Water Act 404 permit that had been issued...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
September 2018 was an eventful month for the Mining and Natural Resources Sector in South Africa, with the announcement, by President Ramaphosa...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
Implications of the decision in Forrest & Forrest v Wilson - The majority of the High Court of Australia in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 (Forrest) held that the failure of an applicant to lodge a...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
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
On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate...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