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Asters | October 2013

In 2012, the Ukrainian government has conducted three tenders for production-sharing agreements (hereinafter - SRS) in respect of hydrocarbons that will be produced on land for 2 subsurface areas and in one section of the Black Sea shelf ...

Lavery Lawyers | October 2013

On August 6, 2013, the Quebec Court of Appeal rendered a very interesting decision in the case of Anglo Pacific Group plc v. Ernst & Young Inc., 9261-0690 Québec Inc.,  Northern Star Mining Corp. and Jake Resources Inc ...

Haynes and Boone, LLP | October 2013

In 1956, the American Association of Professional Landmen (“A.A.P.L.”) published the first version of its model form Joint Operating Agreement (“JOA”), which it later revised in 1977, 1982, and 1989 (the “A.A.P.L. form”). Since that initial publication, the oil and gas industry has universally adopted the A.A.P.L. form as its standard JOA. The industry has also since adopted horizontal drilling and development as a popular method to recover hydrocarbons ...

Haynes and Boone, LLP | October 2013

In September 2013, the Texas Commission on Environmental Quality updated its guidance on the use of the Texas Environmental, Health, and Safety Audit Privilege Act to reflect changes recently made by the 83rd Texas legislature to allow prospective purchasers of facilities to take advantage of the protections afforded by the Act ...

Lawson Lundell LLP | September 2013

I. Introduction The development of projects and business opportunities, particularly in the natural resource industries, requires government decision making, from the issuance of resource tenures, through environmental assessment of proposed works and activities, and through licences, permits and authorizations ...

Delphi | September 2013

In June 2013, the Land and Environment Court handed down a judgment in a case concerning parent company liability for environmental pollution caused by a  subsidiary, (Case No. M 11429-12). Initially, we give a brief description of the term operator followed by an account of the judgment in question ...

Since our last update (in June 2013), progress has been made on the key outstanding issues we identified; namely, geology, taxation, community benefits and planning ...

The $400 million package agreed by JP Morgan with the US federal energy regulator to settle its energy market abuse case against the firm, announced at the end of July, is a great example of the legal risks energy firms now run in exploiting loopholes in the frequently complex bidding rules governing energy wholesale markets ...

Lawson Lundell LLP | August 2013

On May 29, 2013, Alberta issued three regulations and two rules under the Responsible Energy Development Act (“REDA”).  The new regulations and rules became operational on June 17, 2013, the same day that REDA came into force.  With REDA, the regulations and the rules now in place, the new regulatory regime for energy development in Alberta has started to take shape ...

Hunton Andrews Kurth LLP | August 2013

In response to solar industry concerns that its regulations were stifling the country’s solar energy development, the Federal Energy Regulatory Commission initiated a rulemaking on January 17 to amend its regulations applicable to the interconnection of facilities of 20 MW or less to the grid ...

Hunton Andrews Kurth LLP | August 2013

he designation of critical habitat under the Endangered Species Act (ESA) can result in significant and costly consequences for landowners, industry, government, and other entities—often with little if any evidence of a commensurate benefit to the species involved. In Critical Habitat and the Challenge of Regulating Small Harms, Professor Dave Owen provides a valuable contribution to assessing the role of critical habitat during  consultation on federal agency actions under ESA section 7 ...

Mining Industry1 What is the nature and importance of the mining industry in your country?The Philippines is rich in mineral resources and the mining industry plays a significant role in the country’s economy ...

ENS | July 2013

In 1989 the eminent South African jurist (the late) Prof.Dennis Cowen expressed the view that, by the end of the 1980s, South African environmental law was “a subject struggling to be born”. Nearly a quarter of century later South African environmental law is thriving as a “subject” in a manner that Prof. Cowen is unlikely ever to have anticipated. In addition, the business of environmental law has, in recent years, witnessed a rapid evolution ...

ENS | July 2013

South Africa has a rapidly evolving climate change policy environment, which is in-keeping with the country¡¦s view of itself as a developing country leader in the climate change arena. Part of the policy environment includes attention to financial mechanisms that can be marshaled in support of the response to climate change. Flowing from the notion of using financial mechanisms in this manner, the National Treasury has taken initial steps towards the implementation of carbon taxation ...

ENS | July 2013

The eighteenth United Nations Climate Change Conference took place in Doha, Qatar, from 26 November to 8 December 2012 – the first time that the Conference was held in the Middle East. There is some irony in the choice of location for the reason that Doha is the world’s largest per capita emitter of greenhouse gas. As is usual the Conference was a complex affair, with a plethora of meetings occurring simultaneously viz ...

Makarim & Taira S. | July 2013

Regulation No. 4 of 2013 on Guidelines for the Resolution of Environmental Disputes Provides an Additional Step in Dealing with an Environmental Complaint before Going to Court for Settlement or an Out of Court Settlement was issued on 15 March 2013 as further guidelines for the central and regional Governments as well as parties in dispute on settling environmental disputes ...

Shoosmiths LLP | July 2013

In May 2013, US store Wal-Mart pleaded guilty to dumping hazardous waste in California and Missouri over a number of years. It has agreed to pay almost $82m (£54m) in civil and criminal charges. As far back as 2003 there were reported incidents where Wal-Mart staff improperly disposed of products such as bleach and fertilizer in waste bins and local sewer systems, when they should have been dealt with as hazardous waste ...

Carey | July 2013

Mining Industry 1. What is the nature and importance of the mining industry in your country?The mining industry accounts for 13 per cent of the GDP and 62.6 per cent of Chile’s total exports (US$49.3 billion). Chile is the largest producer of copper (31.9 per cent) in the world market and also produces other metals, such as silver and gold, and many non-metallic substances. The mining industry is mainly owned by private foreign and national companies ...

The Environmental Protection Agency (EPA) recently announced that it will extend its current set of six  National Enforcement Initiatives through fiscal years 2014–2016. EPA’s current list of top priorities  includes reducing air emissions from major industrial and utility sources, reducing contamination from  mineral processing operations and ensuring that energy extraction activity complies with environmental regulations ...

On June 13, 2013, the West Virginia Supreme Court of Appeals (WVSCA) issued its decision in Faith United Methodist Church & Cemetery of Terra Alta, et al. v. Morgan, No. 12-0080, setting forth a clear definition of the term “surface” when used in deeds and other instruments of conveyance. This definition will weigh importantly on the state's shale gas industry ...

ENS | June 2013

The business of environmental law has witnessed a rapid evolution in recent years. This article considers the reasons for and implications of this change for the future trajectory of environmental legal practice ...

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