Critical Minerals and Mining

Minerals are fundamental raw materials for a multitude of products and solutions—from electric car batteries to medicines, and fertilizers to military weapons. The mining industry faces volatile market conditions and a myriad of complex and often overlapping federal, state, and local laws that impact operations. While the economic and regulatory challenges are significant, opportunities loom as well in the form of technologies and innovations changing the ways minerals are located, extracted, and used.

We have a highly experienced team that advises mining companies across the entire spectrum of issues that arise in exploring for minerals and operating a mine. As lead counsel for explorers and producers of base and precious metals, industrial minerals, aggregates, and coal mines, we offer broad experience navigating through the complex web of mineral tenure, transactional, financing, environmental, permitting, labor, and employment hurdles and safety regulations.

Our team includes attorneys and staff who are landmen and former state and federal environmental agency officials. We deliver valuable counsel through a combination of our understanding of the business of mining, the perspective of former regulatory enforcers, and nationally recognized proficiency in all aspects of environmental law.

Our Services

• Securing mineral tenure on federal, state, Native, and private lands
• Transactions, including purchase and sale, leases, options, joint ventures, etc.
• Financing
• Due diligence
• Federal, state, and local mine operations permitting
• Permitting, compliance, and litigation under the federal ESA, CWA, and CAA
• Mine safety, including compliance with MSHA and OSHA requirements
• Water supply and water rights issues
• Supply chain and construction-related contract negotiations and dispute resolution
• Litigation of disputes, including contract disputes, permit challenges and appeals, and mineral tenure issues

Mineral Tenure and Transactions

Whether staking new mining claims; acquiring an existing claim group by option, lease, purchase, earn-in, or otherwise; or entering into a joint venture agreement, our experienced team stands ready to assist. Our lawyers regularly assist with negotiating and drafting all types of agreements used in the mining industry, perform due diligence, solve title issues, and complete complex transactions to help our mining clients achieve their goals. Our tax professionals are ready to advise on state and federal tax issues and assist with structuring deals around tax considerations. Our internal land manager allows us to maintain confidentiality and reduce costs while evaluating whether lands are open and available for location, conducting due diligence, and assisting with annual claim maintenance requirements.

• Represented a private investment firm in a $1 billion transaction to acquire a stake in a proposed gold mine in Alaska. We conducted title due diligence, participated in drafting the transaction documentation, and assisted in obtaining third-party consents and regulatory approvals, among other matters.
• Represent a Canadian junior exploration company with respect to a project in Alaska, including negotiating acquisition transactions and lease modifications, preparing title reports for private placements, assisting with corporate matters and permitting, and strategizing regarding complicated mineral tenure matters.
• Assist a mining company with land status and mining claim issues, various royalty and property transactions, access and permitting issues, and other matters relating to a high-grade graphite deposit in Alaska.
• Work with the owner and operator of a large underground gold mine on all matters arising under U.S. law. We negotiate contracts and other agreements; assist with environmental and permitting issues; handle employment matters, including litigation; and train and advise regarding mine safety.
• Guide mid-size gold mining company through air, water, and other federal and state permitting and environmental review for development of a mine in Idaho, including a permitting workshop to educate the client on the permitting process and to issue spot ahead of environmental review and permit applications.
• Advise mining operators on compliance with MSHA, including guidance on complex reporting obligations, enforcement actions, and safety management system requirements. Our team supports clients in developing proactive compliance strategies, responding to agency investigations, and navigating interactions with MSHA to reduce operational risk. This work includes assisting with audits, training programs, and corrective action planning to help ensure safe, efficient, and legally compliant mining operations.
• Represented a mining company in obtaining necessary environmental permits and authorizations for a gold and antimony mine, including water rights and an air permit. Successfully defended the company’s air permit against ENGO and tribal challenges in administrative proceedings.
• Represent a Canadian junior with a project on federal lands in the U.S., including advising regarding location of new mill sites to accommodate potential surface facilities.
• Advise a private company with respect to legal issues related to exploration of a mineral deposit containing tin, lithium, fluorspar, and other minerals. Our work includes negotiating agreements with indigenous peoples, advising on permitting issues, and acquisition of interests in offshore minerals.
• Represent a mining company in connection with its credit facility and accompanying security documents on a silver and other metals mine. Our work included negotiation and drafting of a deed of trust and associated security documents, substantial title analysis and other due diligence, and the delivery of enforceability opinions.
• Represent Canadian mining company in obtaining advanced exploration permits for gold, zinc, copper, silver, and lead on Native corporation lands in Alaska adjacent to national park lands. This work also includes defense of lawsuit alleging Endangered Species Act, Clean Water Act, and National Environmental Policy Act violations.
• Represent Australian mining company within FAST-41 framework to expedite permitting process for gold mine in Alaska.
• Conduct mineral title, corporate, and environmental due diligence, and counsel Australian companies on acquisition of mining claims in California, Idaho, Nevada, and Washington.  Our work included follow-up with vendors as well as continued representation of buyers to address due diligence items and clean up title and corporate records.
• Defend junior gold company against trespass, quiet title, and slander of title actions brought by local ranchers in Oregon.
• Negotiate and draft exploration and option agreement for exploration target in Alaska, including a retained placer lease for vendors and area of interest provisions.
• Prepare letters of intent, purchase and sale agreements, royalty agreements, and mineral deeds for acquisition of mine properties in Alaska, Idaho, and Nevada.
• Prepare stock purchase agreement for Australian junior company’s acquisition of U.S. junior’s mining assets in Nevada, covering over 400 mining claims.
• Advise foreign mining companies on potential environmental liabilities from acquisition of brownfield mine properties in numerous Western states.
• Represented an Australian mining company in connection with development of an industrial sands (chromite, zircon, garnet, ilmenite) mine and off-site processing facility in Oregon. This work included business and securities issues; project finance; real estate matters; mineral leases; federal, state, and local permitting; and successful defense of lawsuit alleging Clean Water Act, ESA, and NEPA violations.
• Represented a Canadian junior mining company in obtaining prospecting permits for exploration of hardrock minerals, including copper, molybdenum, silver, and gold, on acquired lands within the Gifford Pinchot National Forest in Washington.