One year ago the California Supreme Court issued its decision in Communities for a Better Environment v. South Coast Air Quality Management District (2010) 48 Cal. 4th 310. Since our blog wasn’t up at the time I thought it would be a good idea to look back on that decision and how it impacts mine
Now Is The Time For Increased Due Diligence Scrutiny – Focus on Permits
By Ramona Monroe on
Posted in Mining, Permitting
As the economy continues to struggle, we see more consolidation in the aggregate industry. Deals that seems like a bargain, may include significant problems and liabilities. It is more important than ever to know what you are getting when acquiring existing operations. An acquiring company should not assume that all permits are in order simply…
Small Steps in the Right Direction – Two New Laws Aim to Start Fixing Problems with CEQA
By Mike Mills on
On September 30, 2010, Governor Arnold Schwarzenegger signed into law two bills, AB 231 and SB 1456, both of which took effect immediately as urgency statutes. Both laws address two significant burdens that the California Environmental Quality Act (CEQA) places on the mining industry: the complex CEQA review process and the abuses of CEQA through…
Mining Landlord/Tenant Disputes
By Tom Henry on
Posted in Landowner issues, Mining
Mining operations are often conducted on leased lands. As with any lease, disputes may come up between the landowner/lessor and the mining company/tenant. Over the last few years I’ve dealt with multiple situations in which the landowner either made, or threatened to make, complaints about the mining operation to regulatory agencies. In some situations the…