News & Analysis as of

Mineral Extraction

Pillsbury Winthrop Shaw Pittman LLP

Breaking Ground: The Trump Administration Invokes Emergency Powers in New Executive Order to Boost U.S. Critical Mineral...

On March 20, 2025, the Trump administration invoked emergency powers in an Executive Order (EO) entitled Immediate Measures to Increase American Mineral Production, aiming to accelerate domestic mineral mining and processing....more

McGinnis Lochridge

Who Can Enforce Surface Provisions in an OGL?

McGinnis Lochridge on

Unitex WI, LLC v. CT Land & Cattle Co., LLC, No. 07-23-00390-CV, 2024 WL 3249338 (Tex. App.—Amarillo June 28, 2024, pet. filed)...more

Pillsbury - Gravel2Gavel Construction & Real...

Beyond the Executive Orders: Legislative Proposals to Strengthen the U.S. Critical Minerals Supply Chain

Critical minerals are the backbone of modern technologies and national security, powering everything from advanced semiconductors and electric vehicle batteries to missile guidance systems and renewable energy infrastructure....more

Baker Donelson

ALTA Considers New Energy Project Endorsement

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The American Land Title Association (ALTA) is considering approval of a new Energy Project Endorsement for owner's and loan policies at its spring session. The endorsement (proposed as the ALTA 36.9) Energy Project – Minerals...more

Gray Reed

Wind Farms: NIMBY Unless You Ask Permission

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For the Osage Indian Tribe, it’s more like “IMBY if you pay me”.  In the latest interation of United States and Osage Minerals Council v. Osage Wind LLC et al the US District Court for the Eastern District of Oklahoma awarded...more

Gray Reed

Choice of Words Matters in an Override Assignment

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The question in Rock River Minerals, LP and Carr v. v. Pioneer Natural Resources, et al.: Did an assignment of overriding royalty interests in Texas oil and gas leases include a depth limitation? No....more

Vinson & Elkins LLP

Balancing Act: Lithium Extraction and a New Era of Legal Issues

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As the world moves toward cleaner energy, lithium has become crucial, powering electric vehicles and renewable-energy storage systems. With lithium demand set to increase more than 40-fold by 2040, the race to extract this...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - September 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Dorsey & Whitney LLP

D.C. Circuit Court Upholds Mill Site Claim Rule Critical to Mining Projects in the United States

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Earlier this summer, the District of Columbia Court of Appeals issued a decision affirming the lower court’s decision that the Mining Law of 1872 does not impose a limit on the number of mill sites that a mining claimant may...more

Vinson & Elkins LLP

Update on Part II of the 29th Session of the Negotiations on Deep-Sea Mining Exploitation Regulations

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We have been following the International Seabed Authority (“ISA”) Council’s negotiations and drafting of the Exploitation Rules, Regulations and Procedures (“Exploitation RRPs”) for the deep seabed beyond national...more

Troutman Pepper Locke

Upcoming Deadline for Resource Extraction Issuers to File First Form SD Disclosures

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On March 16, 2021, Rule 13q-1 under the Securities Exchange Act of 1934, as amended (Exchange Act), took effect. This rule requires resource extraction issuers to disclose on Form SD information relating to payments made to a...more

Vinson & Elkins LLP

Serbia Signals Dedication to Lithium Mining with EU MoU?

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On 19 July 2024, the European Union (EU) and the Republic of Serbia (“Serbia”) signed a Memorandum of Understanding (“MoU”) creating a strategic partnership on sustainable raw materials, battery value chains and electric...more

Bennett Jones LLP

Grassy Narrows First Nation Challenges Ontario’s Mining Claims Regime

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On July 10, 2024, Grassy Narrows First Nation (Grassy Narrows) launched a challenge against Ontario’s Mining Act (the Mining Act), claiming that the system for granting mining claims pursuant to the legislation (the Mining...more

Vinson & Elkins LLP

Deep-Sea Mining: Dispute Settlements Under International Investment Law

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Deep-sea mining activities on the seabed and ocean floor beyond national waters are a risky and capital-intensive venture. The unpredictability of little-known ecosystems and environmental impacts translate into regulatory...more

Mayer Brown

UK Supreme Court rules that all fossil fuel projects must be assessed for future impact

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The UK Supreme Court’s landmark judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others (“Finch”) was handed down on 20 June 2024. Since then, more recent...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - June 2024 #4

In this week’s edition, we look at a report which sets out claims that some of the world’s largest financial institutions are greenwashing their Amazon-related ESG claims. In Switzerland, the European Court of Human Rights’...more

Gray Reed

Update on Pennsylvania Subsurface Trespass

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Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more

Holland & Knight LLP

Treasury Department, IRS Issue Final Rules Under Clean Vehicle Tax Credits

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The Federal Register on May 6, 2024, published final regulations issued by the U.S. Department of the Treasury and IRS under the clean vehicle tax credits found at Sections 25E (previously owned clean vehicles) and 30D (clean...more

Womble Bond Dickinson

Accelerating EU Mineral Permitting: The Critical Raw Materials Act

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In the latest article from our Striking the Balance: Permitting Reforms for Mining and the Energy Transition series, we explore the EU’s recent efforts to streamline the mine permitting process via the Critical Raw Materials...more

Womble Bond Dickinson

The UK Strategy for Critical Minerals

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As outlined in the first installment of our series, "Striking the Balance: Permitting Reforms for Mining and the Energy Transition", to achieve net zero emissions by 2050, mining development is essential for providing the...more

Blake, Cassels & Graydon LLP

Le gouvernement du Québec établit une nouvelle exigence d’autorisation pour les travaux d’exploration minière

À compter du 6 mai 2024, il sera désormais nécessaire d’obtenir une autorisation pour travaux d’exploration à impacts (une « ATI ») auprès du ministère des Ressources naturelles et des Forêts (le « Ministère ») avant de...more

Blake, Cassels & Graydon LLP

Quebec Establishes a Permitting Requirement for Mineral Exploration Work

Beginning on May 6, 2024, an authorization (ATI) from the Quebec ministry responsible for mines, the Ministère des Ressources naturelles et des Forêts (MRNF), will be required before conducting impact-causing exploration work...more

Holland & Knight LLP

Interior Department Finalizes Rule to Limit Oil and Gas, Mineral Development in Alaska

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The U.S. Department of the Interior (Interior) released a final rule that will protect millions of acres of Alaskan wildness from the development of oil, gas and minerals. Interior's Bureau of Land Management (BLM), which...more

Womble Bond Dickinson

Permitting Reform and Responsible Mining: Q&A with IRMA’s Kristi Disney Bruckner

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Mined materials are in the products we use every day—our cars, jewelry, phones, laptops, and buildings—and technology for the energy transition means that more of these materials are needed for wind, solar, and electric...more

Gray Reed

Louisiana Regulatory Taking Claim Defeated

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Itching to sue the government for taking your property? Treme v. St. John the Baptist Parish Council is a reminder that you must have a property interest subject to being taken in order to have standing to sue for a...more

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