We have a highly experienced team that advises mining companies across the entire spectrum of issues you face in operating and growing your business. As lead counsel for aggregate, base and precious metal, industrial mineral and coal mines, we offer broad experience navigating you through the complex web of environmental, permitting, land use, labor and employment, transactional and financing hurdles.
Our team includes attorneys and staff who are geologists, 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.
- State and local mine operations permitting
- Regulation of federal lands under FLPMA, Mining Law of 1872 and other public land laws
- 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
- Cleanup of contaminated mine sites and hazardous material releases
- Project finance, acquisition and tax issues
- Leasing, access rights and joint development of exploration and mining operations
- Mineral title examination for private, state and federal lands
- Supply chain and construction-related contract negotiations and dispute resolution
- Litigation for disputes involving operating agreements, leases and other mining-related agreements
Land Use and Permitting
We assist with the full range of needs when permitting mines whether they are located on federal, state, tribal or private lands. As we quarterback the federal and state environmental review process and collaborate with technical consultants, we create an administrative record that can be a line of defense against litigation challenges. When mining operations end, we assist with closure plans and compliance with various site remediation laws.
Environmental Compliance and Defense
We understand your challenges complying with and defending against enforcement actions under local, state and federal environmental laws. Our reputation as attorneys with deep knowledge of the regulatory framework affecting the mining industry and connections with regulators are distinct advantages as our clients address and respond to compliance questions and enforcement actions. Regulators appreciate our broad background in assessing and resolving compliance issues.
We’ll partner with you to resolve enforcement actions and citizen suits and address challenges to proposed agency rulemakings.
Corporate and Transaction Services
We assist with negotiating and drafting agreements for mining transactions, including exploration agreements, mining leases, royalty agreements and joint ventures, as well as major asset acquisition, project financing and similar agreements. This includes advice on in-depth environmental due diligence, title review, permitting and specific details regarding mineral, surface access and water use rights. Our tax professionals are very familiar with special state and federal tax issues that affect businesses engaged in mineral exploration and development.
Sometimes the courtroom simply cannot be avoided. In that situation, we have a team of experienced litigators with a proven track record of resolving cases that range from small disputes to bet-the-company litigation. This experience includes litigation related to mineral royalty and lease disputes, trespass actions, protecting mineral and surface access rights from urban development, and challenging local, state and federal administrative agency actions.