Law Commons^™

Mining And The Protection Of Aboriginal Heritage In South Australia, Alex Wawryk

William & Mary Environmental Law and Policy Review

In 2020, the multinational mining company Rio Tinto destroyed 46,000-year-old Aboriginal rock paintings in Juukan Gorge, Western Australia, to national and international outrage. The incident led to an explosion of concern in Australia regarding the adequacy of domestic laws that aim to protect Aboriginal cultural heritage from the impacts of resource exploitation. This Article explains and critically analyzes the legislative and regulatory framework for the protection of Aboriginal heritage in relation to mining in South Australia. It demonstrates the complexity of the legal and regulatory regime, identifies a number of significant flaws in the key act designed to protect Aboriginal …

Comments Submitted In Response To Request For Information To Inform Interagency Working Group On Mining Regulations, Laws, And Permitting, Robert B. Keiter, Jamie Pleune, Heather Tanana, Brigham Daniels, Tim Duane, Elisabeth Parker

Utah Law Faculty Scholarship

On March 31, 2022, the Department of Interior announced the formation of an interagency working group to develop recommendations for improving Federal hardrock mining regulations, laws, and permitting processes, and invited public comment to help inform the efforts of the working group. The Request for Information sought, among other things, recommendations on “opportunities to reduce time, cost, and risk of permitting without compromising strong environmental and consultation benchmarks.” Members of the Wallace Stegner Center of Land Resources and the Environment, at the S.J. Quinney College of Law, University of Utah submitted comments based on their shared expertise in mining law, …

Playing The Long Game: Expediting Permitting Without Compromising Protections, Jamie Pleune

Utah Law Faculty Scholarship

The Biden Administration’s efforts to expedite a transition to clean energy have prompted calls for permit reform. Clean energy relies heavily upon critical minerals and transitioning to a clean energy economy demands a global increase in mineral production. Some commentators suggest that environmental standards must be loosened in order to achieve efficiency. This premise offers short term gain in exchange for long-term pain. It also poses a false dilemma by failing to distinguish between productive and unproductive causes of delay in the permitting process. The permit process creates opportunities to eliminate, reduce, or mitigate risks. These opportunities may cause short-term …

Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger

Louisiana Law Review

The article addresses the requirement of consent under the Louisiana Mineral Code, which represents the culmination of an effort to codify the law of Louisiana pertaining to mineral rights, including oil and gas.

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy that …

Employing A Reservoir Community Analysis To Define And Marshal Correlative Rights In The Oil And Gas Reservoir, David E. Pierce

Louisiana Law Review

No abstract provided.

Closing The Deal In The Bayou State: The Purchase And Sale Of Producing Oil And Gas Properties, Patrick S. Ottinger

Louisiana Law Review

No abstract provided.

Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson

Contributions to Books

This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …

Mining Legislation And Mineral Development In Zambia, Muna Ndulo

Muna B Ndulo

No abstract provided.

The Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Muna B Ndulo

No abstract provided.

Antitrust Law, Bartholomew Lee, Marlis Mcallister

Golden Gate University Law Review

No abstract provided.

The Fight To Save Red Lady: Does The 1872 Mining Law Impliedly Preclude Review Of Patent Protest Determinations, Michelle Albert

University of Colorado Law Review

For over thirty years, residents and the local government of Crested Butte, Colorado have been fighting to keep a molybdenum mine out of their backyard. In 2004, the High Country Citizens Alliance, the town of Crested Butte, and the Board of County Commissioners filed an administrative protest challenging several applications to patent mineral land on nearby Mt. Emmons. The Bureau of Land Management denied their protest and issued nine mineral patents. The issuance of these patents increased the likelihood of a molybdenum mine on Mt. Emmons. The unsuccessful protestors appealed the BLM's decision in federal district court. In High Country …

Australasian Law And Canadian Statutes In The Nineteenth Century: A Study Of The Movement Of Colonial Legislation Between Jurisdictions, Jeremy Finn

Dalhousie Law Journal

This paper considers the use between 1850 and 1900 by Anglo-Canadian legislatures of legislative precedents from the Australian and New Zealand colonies and argues that while a wide range of Australasian laws were considered by Canadian legislators, the most significant Australasian influences are to be found in mining law, electoral and constitutional law and land law The paper goes on to explore, by use of archival, parliamentary and published materials, the processes by which Canadian legislators acquired their knowledge of these Australasian initiatives. While governmental and institutional channels (including the Colonial Office) played a significant part in the transmission of …

The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center

The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23)

19 pages.

Includes footnotes.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on April 23, 1996.

Contents: National Park Service regulation of private mineral estates / David B. Shaver -- Recent litigation regarding federal split estates : who has control? what are the limits? / Andrew C. Mergen -- The problem of federal-private split mineral estates / Scott W. Hardt

Many federally owned lands overlie privately owned oil and gas and mineral rights. Increasingly, the competition between agency multiple use directives and private interests in resource development has resulted in legal battles between …

Foreign Investment In Mining In Mexico., Rodrigo Sanchez-Mejorada Velasco

St. Mary's Law Journal

The object of this Article is to focus on the current legal provisions which regulate foreign investment in mining in Mexico. Legislation implemented in 1961 reduced foreign participation in mining to a minority position, and legislation implemented in 1975 further developed Mexican control over mining activities. The enactment of new foreign investment regulations in 1989, and new mining regulations in late 1990 allowed wider participation of foreigners in mining. Mining is one of the oldest economic activities in Mexico. Mercantilist economic ideas, in Europe in the seventeenth and eighteenth centuries, stressed accumulation of precious metals by states and saw American …

Granite Rocks And The State's Influence Over Federal Land Use, John D. Leshy, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

22 p. ; 28 cm

Tribute, Charles F. Wilkinson

Publications

No abstract provided.

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Publications

No abstract provided.

The Antarctic Treaty As A Treaty Providing For An Objective Regime, Bruno Simma

Cornell International Law Journal

No abstract provided.

Legal Aspects Of Mineral Exploitation In Antarctica, Francesco Francioni

Cornell International Law Journal

No abstract provided.

Mining Legislation And Mineral Development In Zambia, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Mining Legislation And Mineral Development In Zambia, Muna Ndulo

Cornell International Law Journal

No abstract provided.

Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.

Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

The Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Prospecting Permits On Indian Lands: Who Benefits?, Sharon Eads

American Indian Law Review

No abstract provided.

Mining Claims On Public Lands: A Study Of Interior Department Procedures, Peter L. Strauss

Faculty Scholarship

The Department of the Interior's disposition of mining claims on public lands, largely unknown to lawyers outside the West, is a significant field of federal administrative activity and an important element in planning rational use of the public lands. While energy minerals found under public lands typically pass by lease and common varieties such as sand and gravel are subject to sale, most other mineral deposits on federal property are claimed for possible exploitation by the mining claim, or "location."

The location system arose out of miners' custom, at a time when the federal lands were vacant and no federal …