Minerals are fundamental ingredients for a multitude of products and solutions—from electric car batteries to medicines, and livestock feed to asphalt. As the mining industry carries out its mission as an important contributor to manufacturing and economic development, it 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 you face in operating and growing your business. As lead counsel for aggregate, base and precious metal, industrial mineral, and coal mines, both on the surface and underground, we offer broad experience navigating you through the complex web of environmental, safety, 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 and safety law.
Our Services
- 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 the Mine Act, the Occupational Safety and Health Act, and their implementing regulations
- 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 and Safety Compliance and Defense
We understand your challenges complying with and defending against enforcement actions under local, state, and federal environmental and safety 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.
Mine Safety
When it comes to safety and health, our team has deep experience representing all sectors of the mining industry. We regularly defend mining companies and mine supervisors against administrative enforcement actions brought by the Mine Safety and Health Administration (MSHA) for alleged violations of the Mine Act. Equally important, we counsel clients on the requirements of the Mine Act and the Occupational Safety and Health Act, to help them head off problems before federal regulators get involved. In addition, we regularly help mining companies through investigations, whether they are internal or carried out by the government after an accident or other triggering event. We also regularly—and successfully—defend mining companies in whistleblower cases brought under the Mine Act. And since litigation isn’t always the best answer for our clients, we actively cultivate and maintain strong, productive relationships with policymakers and decision-makers on Capitol Hill and in the federal government.
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.
Litigation
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.
