The North Dakota Supreme Court issued an opinion last week resolving a constitutional question of public vs. private ownership of mineral interests in the area between the high and low water marks along navigable waters (commonly known as the “shore zone”).  Ultimately, the court found that the state’s interest in minerals begins at the high…

Update: The Minnesota Environmental Quality Board extended the public comment period for the draft model guidelines by two weeks.  The deadline for public comments is now January 27.

On December 13, the Minnesota Environmental Quality Board (EQB) – in collaboration with several other state agencies, including the Minnesota Department of Natural Resources (DNR) and…

The North Dakota Supreme Court recently issued its second opinion in Van Sickle v. Hallmark & Associates, a case that has tested the boundaries of a mineral interest holder’s right to royalties when well operators go bankrupt.

The Van Sickles own interests in oil and gas produced from a well in McKenzie County that’s…

On November 20, 2013, the House of Representatives passed H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, which was introduced by Representative Bill Flores (R-Texas).  As discussed in a previous post (see Nov. 15, 2013 post), H.R. 2728 prohibits the Department of the Interior from enforcing federal regulations, guidance, or permit requirements…

The House of Representatives plans to consider two bills relating to hydraulic fracturing next week.  The first of the two, H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, was introduced by Representative Bill Flores (R-Texas) on July 18, 2013.  This bill would amend the Mineral Leasing Act and prohibit the U.S. Department…

On December 11, 2013, Stoel Rives and BSK Associates will host a complimentary breakfast seminar in Bakersfield, CA to share observations and strategies for complying with SB 4. Breakfast will begin at 7:30 a.m., with the program beginning at 8:00 a.m.

The office of Jason Marshall, Deputy Director of the Department of Conservation, has confirmed…

In early September, OSHA issued a proposed rule that will limit permissible exposure to 50 micrograms of respirable crystalline silica per cubic meter of air. (See September 9, 2013 post.) This is approximately half of the current limit observed by industry. According to the U.S. Geological Survey, silica sand is used in approximately…

Via my colleagues Barbara Craig, Ryan Steen and Sarah Stauffer Curtiss:

On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the Endangered Species Act (“ESA”) and to designate critical…

It was the best of times, it was the worst of times…for two pipeline projects in the West.

TransCanada was successful in the Tenth Circuit on Thursday in its continuing efforts to defend against a preliminary injunction brought by the Sierra Club, Clean Energy Future of Oklahoma, and the East Texas Sub Regional Planning Commission.

California Governor Jerry Brown signed SB 447 on Saturday, September 28, 2013, which modifies the Office of Mine Reclamation’s (OMR) authority to list or delist a mine from its list of “good mines” under Cal. Public Resources Code Section 2717 (more commonly referred to as the AB 3098 List).  Mines on the AB 3098…

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Here Stoel Rives shares insight and analysis about key mineral law developments. Drawing on a very active natural resources practice, we aim to keep readers informed about the legal aspects of news that impacts exploration and development of all things mineral.