Mining and Natural Resources

No matter the product, King & Spalding has experience dealing with the regulatory regimes, export rules and legal arrangements that affect mining companies. We are ever-cognizant of the market’s volatility, well-versed in the regulatory challenges they present, and skilled in navigating the social and political nuances unique to this sector.Learn more

37 ArticlesMining and Natural Resources

by: Lynn Kerr McKay and Rachel Tennis

On December 1, 2016, EPA signed a proposed rule setting forth financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The energy industry, among others, will also find this proposed rule of interest because, on the same day, EPA announced its intention to move forward with the regulatory process for three other classes of facilities: chemical manufacturing, petroleum and coal products manufacturing, and electric power generation, transmission, and distribution. Read more

by: S. Shawn Stephens

A Texas court of appeals held that an energy company did not waive the attorney/client privilege through the offensive use doctrine when it filed a lawsuit against the purchasers of properties for their failures to provide the company with . . . Read more

by: Rachel Tennis, Lynn Kerr McKay, Stephen McCullers and James Vines

Under a D.C. Circuit court order, EPA must propose new financial assurance requirements for the hard-rock mining industry—and identify industries next up for regulation—by December 1, 2016. There are a number of key issues that industry should consider when reviewing EPA’s forthcoming proposal.Read more

by: Rupert Lewi

The decline in commodity prices has resulted in many distressed resource and energy companies selling assets. Purchasers should be mindful of the unique risks in acquiring assets from these distressed sellers and take appropriate actions to mitigate these risks.Read more

by: Cynthia AM Stroman

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act). Passed with significant bipartisan support, the Act is the first major update to a federal environmental statute in more than 20 years and the first update ever for the Toxic Substances Control Act (TSCA) of 1976. For many new or revised provisions, the Act establishes a timeline for the U.S. Environmental Protection Agency (EPA) to conduct rulemaking or take other action, but certain provisions took effect immediately. The revised requirements for confidential business information (CBI) claims are one such provision, with immediate implications for companies in the energy sector now preparing their reports under the 2016 Chemical Data Reporting (CDR) rule.Read more

by: Ruxandra Lazar

“Gabon remains unexplored” is the conclusion of the Société Equatoriale des Mines (“SEM”), a wholly-owned State company created in 2011 to facilitate the development of the country’s natural... Read more

by: Kathryn Marietta

A properly drafted Preliminary Agreement can provide a useful framework for structuring and negotiating a transaction. However, if not carefully drafted, a Preliminary Agreement can created unintended rights and obligations. Read more

by: Mehdi Haroun and Ruxandra Lazar

The French government has proposed reforms to its current mining code. While the draft reforms address prior criticisms, the manner in which these reforms may be implemented risks creating additional issues.Read more

by: Brad Thompson and Tanner Neidhardt

Inaccurate forecasting in large-scale infrastructure construction projects often leads to underestimated costs and overestimated benefits; knowing the causes of these inaccuracies and providing for measures that lessen their incidence can be the difference between success and failure.Read more

by: Michael Andrews

A recent bill seeking to end the ban on crude oil experts provides hope that a policy that no longer serves its original purpose will be repealed in favor of free trade.Read more