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ESG in Mining and Minerals

By Ted Rhodes, CMS
Globe Law and Business January 2025

Specifications

ISBN-13
9781837230402
Publisher
Globe Law and Business
Publication
January 2025
Format
Hardback , 271 pages
Jurisdiction
International ? Countri(es) for reference only

Details

New demand from energy transition technologies will require the acceleration of mine development for a range of minerals, including lithium, copper, graphite and cobalt. This, combined with concerns about security of supply, have thrust mining under the spotlight. For this mining boom to have a broad positive impact, the industry must learn from the mistakes of the past and put ESG factors at the heart of its business model.

Edited by Ted Rhodes, head of the mining and minerals group at international law firm CMS, ESG in Mining and Minerals provides a wide-ranging analysis of the ESG risks, challenges and opportunities facing mining companies and the wider minerals supply chain. It considers the specific ESG challenges facing companies in the mining and minerals sector – from reducing carbon intensity, protecting biodiversity, community engagement and human rights, to ensuring transparency in government relations – while guiding readers through regulation, risks and new approaches to mining to reduce its negative impact on the environment and its inhabitants.

ESG in Mining and Minerals combines legal analysis with an understanding of the commercial imperatives and practical realities of the mining and minerals sector, which can be particularly challenging from an ESG perspective. Its holistic approach to the ESG context of the sector is intended to help in the preparation of risk analyses and comprehensive ESG policies, which must be tailored to each individual mining business in a way that reinforces competitiveness, rather than detracts from it.

This book is an essential resource for directors and management in mining and minerals companies, investors and financiers, as well as sustainability professionals, in-house and external counsel and anyone else concerned with the ESG impacts of extractive industries.

Table of Contents

Introduction – the importance of ESG considerations in mining & minerals
Ted Rhodes, CMS

Section 1: Environmental
Measuring, minimising and mitigating the carbon footprint of minerals
Dalia Majumder-Russell, CMS
Protecting ecosystems and biodiversity in the mining industry
María Cristina Alva and Daniela Vergel-Riascos, CMS
Environmental litigation risks for mining and minerals
Sarah Grenfell, CMS
Mine closure, land reclamation and legacy projects
Jeff Parshley, SRK Consulting

Section 2: Social
Socio-economic impacts of mining and mineral development
Neal Brewster, Elemental Economics; University of Dundee Centre for Energy, Petroleum and Mineral Law and
Policy
Progressing beyond a social licence to operate
Kevin PCJ D’Souza, KD Consulting
Human rights issues in mining and minerals
Yasmin Batliwala MBE, Advocates for International Development

Section 3: Governance
ABC considerations and transparency in dealing with governments
Eoin O’Shea, CMS
Corporate governance in mining companies
Ben Lepley, SLR Consulting

Section 4: General
The origins, evolution and direction of ESG regulation in mining
Daniela Vergel-Riascos and Tatiana Londoño, CMS
Leveraging effective ESG due diligence to unlock value in mining investment
Kevin PCJ D’Souza, KD Consulting
Mining, minerals and the circular economy
Kamen Stoilov, CMS
New mineral frontiers and their ESG challenges
Nabil Abrahams and Ted Rhodes, CMS
ESG and innovation
Andrew Sullivan, Stantec
Risks and opportunities in dealing with mine waste
Dr Chris Meikle and David Walker, SLR Consulting

About the Author

Consulting editors

Contributing firm Name
CMS Cameron McKenna Nabarro Olswang LLP Ted Rhodes

Contributors

Contributing firm Name
Advocates for International Development (A4ID) Yasmin Batliwala
Cassels Brock & Blackwell LLP David How
Sandra Gogal
CMS Cameron McKenna Nabarro Olswang LLP Dalia Majumder-Russell
Eoin O’Shea
Kamen Stoilov
Nabil Abrahams
Sarah Grenfell
CMS Grau María Cristina Alva
CMS Rodríguez-Azuero Daniela Vergel-Riascos
Tatiana Londoño Camargo
Elemental Economics Neal Brewster
KD Consulting Kevin PCJ D’Souza
SLR Consulting Ben Lepley
Chris Meikle
David Walker
SRK Consulting (US) Inc Jeff Parshley
Stantec Andrew Sullivan
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