Searching Content indexed under Mining by Foley Hoag LLP ordered by Published Date Descending.
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The Office Of Surface Mining Loses Another NEPA Case — Do I Detect A Trend?
Last week, a federal judge once more rejected the Environmental Assessment for the expansion of the Spring Creek Mine in Montana. The case does not really break any new ground,
United States
22 Feb 2019
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...
United States
6 Mar 2018
The Drumbeat Continues: Another Court Rejects An FEIR For Not Properly Considering Climate Change
Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account ...
United States
21 Sep 2017
State Street Global Advisors Gets On The Climate Disclosure Express — In A Big Way
Earlier this month, State Street Global Advisors joined the chorus of money managers urging corporate boards, particularly those in "high-impact sectors" – meaning "oil and gas, utilities and mining" – to do a better job ...
United States
4 Sep 2017
The SEC And The Conflict Minerals Rule: What You Need To Know About The Latest Developments
It is clear that Michael Piwowar, Acting Chairman of the Securities Exchange Commission ("SEC") is not a fan of the conflict minerals rule.
United States
8 May 2017
EPA Has A Nondiscretionary Duty To Review West Virginia's Failure To Submit TMDLs
Acting in response to state legislation, the West Virginia Department of Environmental Protection ceased work on promulgation of total
United States
1 Mar 2017
SEC Issues A Call For Comments On All Aspects Of The Conflict Minerals Rule
On January 31, the Acting Chairman of the Securities and Exchange Commission ("SEC"), Michael Piwowar, issued an call for comments with regard to the conflict minerals rule.
United States
16 Feb 2017
The Arbitrary And Capricious Standard Remains Deferential: The Corps' Nationwide Permit 21 Survives Review
Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps' Nationwide Permit 21, which allows small surface mining projects to proceed without...
United States
19 Aug 2016
Three Strikes And Mingo Logan Is Out: The D.C. Circuit Affirms EPA Withdrawal Of Approval Of Mountaintop Removal Disposal Sites
In 2013, the D.C. Circuit affirmed EPA's authority to withdrawal approval of mountaintop mining disposal sites, even after the Army Corps has issued a Section 404 permit.
United States
26 Jul 2016
Securities And Exchange Commission Issues New Rule On Extractive Industry Transparency
On June 27, the Securities and Exchange Commission ("SEC") issued a new rule requiring extractive sector companies (oil, gas, and mining) to disclose the payments that they make to governments...
United States
12 Jul 2016
SEC Extractive Industry Transparency Requirements Move Forward
December 11, 2015, the Securities and Exchange Commission ("SEC") issued a new proposed rule to implement a key provision of the Dodd-Frank Act that targets corruption and increases transparency...
United States
22 Jan 2016
Conflict Minerals: European Parliament Endorses New Compliance Requirements
It has been nearly a month since the deadline for companies in the United States to file their second annual conflict minerals reports with the Securities and Exchange Commission.
United States
2 Jul 2015
General Permits Are Also Entitled To A Permit Shield
Thunder Ridge is covered by a general permit, not an individual site permit, and the Sierra Club argued that the shield should not apply.
United States
9 Feb 2015
Is Selenium The Coal Industry’s Kryptonite? Citizen Groups Obtain Summary Judgment Based On Water Quality Criteria Exceedances
The Ohio Valley Environmental Coalition and other NGOs obtained summary judgment that Alex Energy had violated both its NPDES permit and its Surface Mining Permits.
United States
30 Jul 2014
Federal Appeals Court Largely Upholds Conflict Minerals Rules
The D.C. Circuit issued its much anticipated decision regarding the challenge to the Securities and Exchange Commission’s Conflict Minerals Rules.
United States
29 Apr 2014
D.C. Circuit Largely Upholds SEC’s Conflict Minerals Rule But Supports First Amendment Challenge
The D.C. Circuit Court of Appeals issued an opinion in a case that sought to challenge the conflict minerals rule released by the SEC in August 2012.
United States
22 Apr 2014
U.S. District Court Upholds The Conflict Minerals Rule
On July 23, the District Court for the District of Columbia rejected a challenge to the conflict minerals rule adopted by the Securities and Exchange Commission in August 2012 and published in September 2012.
United States
26 Jul 2013
CERCLA Is Still Constitutional
United States v. Sterling Centrecorp, Inc., is a great feast of legal argument.
United States
8 Jul 2013
ICMM Releases Position Statement On Indigenous Peoples Establishing Commitment To FPIC
The International Council of Mining & Metals recently released a position statement on indigenous peoples and mining that explicitly requires its 22 member companies to work to obtain the free, prior, and informed consent of indigenous communities for new projects.
United States
7 Jun 2013
When Is The Meaning Of A Statute Sufficiently Plain? The D.C. Circuit Restores EPA Authority To Withdraw Approval Of Section 404 Permits
The D.C. Circuit Court of Appeals restored EPA's authority to withdraw the specification of streams for the disposal of mountaintop mining wastes – years after the Army Corps had issued the permit containing the specification.
United States
29 Apr 2013
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