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HTMLTsilhqot’in Nation Releases Draft Mining Policy
Sam Adkins, Stephanie Axmann; McCarthy Tétrault LLP;
Legal Alert/Article
August 14, 2014, previously published on August 7, 2014
The Tsilhqot’in Nation has announced the release of a draft Mining Policy of the Tsilhqot’in National Government (Policy). The release of the Policy on July 31, 2014 follows the June 26, 2014 decision of the Supreme Court of Canada (SCC) in Tsilhqot’in Nation v. British Columbia,...

 

HTMLCreating Conditions for Budget Revenue Increase and Tax Fairness
Dentons Canada LLP;
Legal Alert/Article
July 31, 2014, previously published on July 23, 2014
The draft “Law on Amendments to the Tax Code of Ukraine and Some Other Legislative Acts of Ukraine” was registered by the Verkhovna Rada of Ukraine on 22 July 2014 under number 4309¿.

 

HTMLMoody’s Provides Guidance on Metal Streaming Transactions
Patrick Deutscher, Roger Taplin; McCarthy Tétrault LLP;
Legal Alert/Article
July 30, 2014, previously published on July 21, 2014
On July 17, 2014, Moody’s Investors Service (Moody’s) released a report on metal streaming transactions, in which it discusses the impact of streaming transactions on the credit profiles of mining companies. Generally, Moody’s views metal streaming transactions as a form of equity...

 

HTMLThird Circuit Finds MSHA Jurisdiction Governs Pennsylvania Coal Preparation Facility
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
The new owner of a Pennsylvania custom coal preparation facility that the Federal Mine Safety and Health Administration (MSHA) regulated since 1977 challenged whether MSHA properly had jurisdiction over the plant, and instead contended that it should be regulated by OSHA. The Federal Mine Safety...

 

HTMLImplications of the Supreme Court Decision on Aboriginal Title
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
Legal Alert/Article
July 17, 2014, previously published on July 2, 2014
On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted - until now, the concept existed only in theory.

 

HTMLAboriginal Law Update: The SCC Rules That Ontario Can “Take Up” Land in Treaty 3 Territory Without Canada’s Approval
Brian P. Dominique, Linda I. Knol; Cassels Brock & Blackwell LLP;
Legal Alert/Article
July 17, 2014, previously published on July 14, 2014
On July 11, 2014, the SCC unanimously ruled that the Government of Ontario has the authority to ¿take up¿ land in the Keewatin Territory so as to limit First Nations¿ harvesting rights under Treaty 3 without requiring the approval of Canada. The SCC further held that provinces have the authority to...

 

HTMLR v Karigar, 2014 ONSC 3093
Dentons Canada LLP;
Legal Alert/Article
July 2, 2014, previously published on June 2, 2014
For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official. The three-year penitentiary sentence was handed down by the Ontario Court of Justice under the Corruption of Foreign Public Officials Act, SC 1998, c 34 (the “CFPOA”).

 

HTMLMSHA Assistant District Manager Asserts That Competent Persons Performing Workplace Exams Are Agents of the Operator
William K. Doran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 24, 2014
At a mining industry safety conference in June, an MSHA Assistant District Manager stated that the agency viewed persons that perform workplace examinations pursuant to 30 C.F.R. § 56.18002 as performing an “agent-like” function that subjects them to the same Mine Act individual...

 

HTMLMSHA Initiates Enforcement Review of Elevator Safety at Cement Operations
William K. Doran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 26, 2014
In the aftermath of a fatal elevator accident in February 2014 at a cement plant in Kentucky, the Mine Safety and Health Administration (MSHA) has initiated an unannounced elevator enforcement review at cement operations around the country. According to MSHA management, the specific focus of these...

 

HTMLMining Company Likely Precluded from Litigating Gas Pipeline’s Negligence Claims Against It After Not Contesting Administrative Agency’s Allegations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 23, 2014, previously published on June 17, 2014
Following damage to a gas pipeline in Floyd County, Kentucky, the owner of the pipeline brought suit against a mining company alleging that its mining and reclamation activity caused the landslide that damaged the pipeline. While the case was ongoing in the U.S. District Court for the Eastern...

 


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