Lexpert Special Editions

Lexpert Special Edition on Mining 2022

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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4 www.lexpert.ca FOR MINING companies in Canada and across the globe, getting a handle on the "E" of ESG (environmental, social, and governance) issues has long been part of their corporate makeup. However, while that still holds, lawyers who work with mining companies on ESG issues say there is growing emphasis on the "S" and "G." "We're seeing that the focus of mining companies has adapted from simply meeting environmental standards to looking at broader matters of environmental stewardship," says Robin Longe, a natural resources lawyer in the Vancouver office of Dentons Canada LLP. "At the same time, there's a lot more discussion going on about what sustainability means, discussion that extends far beyond climate change and the environment." Since humans began mine operations, there have been concerns about projects creating environmental issues. Potential water contamination, mine tailings, the overall envi- ronmental impact of a project, and what is le when resources deplete are all concerns. However, that is changing as corporate social responsibility evolves to recognize all forms of sustainability and their importance to the company's and world's health. "In the past, the focus has always been on the 'E' in ESG in the extractive industries," says Brad Cahoon, based in Salt Lake City with Dentons. But now, he says, "Sustainability is also being considered from the perspective of social elements, such as labour and governance goals that highlight diversity and inclusion." e concepts behind the three letters of ESG are now getting something close to equal billing, Cahoon says, with recent significant concerns for mining companies including limiting water use, purchasing power from renewable energy providers, and partnering with Indigenous peoples. ese go far beyond the potential direct damage a mining project can have on the environment. Shifting goals and challenges According to an EY (Ernst & Young) survey with C-suite executives in the mining and metals industry, disruption is quickly reshaping the mining and metals sector's perception of where the most significant MINING AND ESG: A NEW STANDARD Feature ENVIRONMENTAL ISSUES HAVE ALWAYS BEEN PART OF SUSTAINABLE MINING, BUT THE SECTOR IS NOW GIVING EQUAL BILLING TO SOCIAL AND GOVERNANCE GOALS LIKE DIVERSITY, HUMAN RIGHTS, AND CONSULTATION

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