Natural Resources
Our lawyers collectively have several decades of experience in assisting natural resource development companies succeed in their endeavors. Our practices have focused on mineral exploration and development, including solid minerals, oil and gas. We have expertise in all areas of project development, from initial acquisition of the land position, project permitting, environmental compliance, and ultimately through project closure and reclamation. Our years of experience provide us with a solid understanding of client needs and objectives. We serve our natural resource clients in a variety of roles, from counselor to litigator.
Public Lands/Land Tenure
With much of the western United States' land-base being owned by federal or state governments, we have developed a high level of expertise in public land law. We frequently work with clients and land management agencies in obtaining and maintaining the necessary rights to conduct operations on public lands. We have worked extensively with various land management agencies including the Bureau of Land Management, Forest Service, and Fish and Wildlife Service.
We have extensive experience working under the federal mining laws, and managing the unique property rights granted by those laws. We also have broad experience under the federal mineral leasing laws that govern the disposition of oil, gas and coal resources.
Our public lands experience transcends mineral activities, and we have worked with other public land users, such as ski areas and other resort developers, to obtain and manage a variety of public land-use authorizations, such as rights of way and special-use permits. We also have experience facilitating federal land exchanges.
Permitting
We have broad experience in navigating the often complex permitting regime that governs natural resource exploration and development projects. We have facilitated permitting on a diverse range of projects, ranging from BLM authorization of short-term seismic exploration projects to multi-agency permitting for major mining projects. We have worked extensively in obtaining necessary permits and authorizations under the National Environmental Policy Act, the Endangered Species Act, the National Historic Preservation Act, the Clean Water Act, the Federal Land Policy and Management Act, the National Forest Management Act and numerous state regulatory programs.
We have worked extensively under the BLM's 3809 regulations governing hard rock mining, and the various permitting requirements for oil and gas exploration and development on BLM and Forest Service lands. We also have substantial expertise in matters arising under the jurisdiction of state reclamation agencies and oil and gas commissions, particularly matters relating to downspacing and surface use disputes.
Our permitting efforts focus on achieving the joint goals of obtaining permits in a timely manner, while ensuring that those permits contain terms that will be workable over the project life. Given the often contentious atmosphere surrounding the permitting of many major natural resource development projects, we also work to assist the client and responsible agencies in building a solid administrative record to ensure that issued permits will ultimately stand up to legal challenge.
Environmental Compliance
We have a strong working knowledge of the major regulatory programs that govern natural resources exploration and development projects, and have extensive experience counseling clients and coordinating with the responsible agencies to interpret and implement those regulations. The scope of our experience is broad and covers many substantive areas, including the Clean Water Act, Clean Air Act, Oil Pollution Act, Endangered Species Act, CERCLA and RCRA, as well as many state programs.
Where compliance issues have been identified, we frequently work with clients to resolve those issues on the ground, and to address potential legal ramifications with the responsible agencies in order to manage the client's legal exposure. Where agencies have taken the step of initiating formal enforcement actions, such as issuing notices of violation or compliance orders, we have experience in resolving such disputes through settlement negotiations or, if necessary, administrative appeals and litigation.
We have developed and managed internal environmental compliance audits for clients related to ongoing operations throughout the western United States and across the globe. These efforts are designed to balance the multiple objectives of ensuring compliance, managing future risk and fulfilling company-specific environmental policies.
Litigation
We have a strong track record and extensive experience in litigating a wide array of natural resource-related disputes. We frequently appear before various administrative agencies, including the Interior Board of Land Appeals, the Forest Service and various state commissions, as well as state and federal courts.
Where project opponents file actions against the responsible agencies challenging permitting decisions in connection with project approvals, we often appear on behalf of client-interveners to assist in defending those permitting actions. We have represented clients in such appeals arising under a variety of laws, including the National Environmental Policy Act, the Endangered Species Act, the Federal Land Policy and Management Act, the National Forest Management Act and the Clean Water Act. We have broad experience in litigating environmental citizen suits under a variety of statutes, including CERCLA, the Clean Water Act, the Endangered Species Act, and RCRA.
Our attorneys have also litigated many private disputes surrounding natural resource development projects. Those matters have involved a wide range of substantive issues including mining claim contests, surface use and access disputes, lease and venture agreement disputes, and various breach of contract claims and other commercial disputes.
Transactions
We have assisted clients in preparing and negotiating a variety of transactions surrounding natural resource exploration and development projects. As examples, we have prepared and negotiated venture agreements, surface and underground access agreements, leases, rights-of-way, purchase and sale agreements, rights-of-first refusal, option agreements and conservation easements.