Mining and Reclamation

Mineral and coal extraction and reclamation activities often pose unique legal issues and challenges, for which our lawyers are uniquely qualified. For example, we have assisted mineral resource companies in acquiring and exercising rights to federally owned minerals and conducting mineral exploration and development operations on public lands. We advise and defend companies on issues arising under public lands, natural resource, environmental, endangered species, and historic preservation laws. We have also counseled and represented the coal industry in litigation under the Surface Mining Control and Reclamation Act (SMCRA) since its enactment in 1977. Our diverse experience in these areas includes:

• Winning reversal of a Ninth Circuit decision before the U.S. Supreme Court, establishing that sand and gravel were not reserved to the federal government as “valuable minerals” in Nevada land patents. BedRoc Limited LLC v. United States, 541 U.S. 176 (2004).
• Securing dismissal on behalf of 18 major mining companies of a qui tam action seeking billions of dollars in damages based on allegations that “foreign controlled” companies were unlawfully mining gold, silver, and other minerals from public lands.
• Counseling on, and litigating, the major legal issues arising under SMCRA, such as state primacy, subsidence, valid existing rights, mountaintop mining, offsite support facilities, and hydrology. See Citizens Coal Council v. Norton, 330 F.3d 478 (D.C. Cir. 2003) (addressing subsidence issues in surface coal mining).
• Resolving problems associated with the Interior Department’s Applicant Violator System (AVS), including enjoining and overturning permit blocks, assisting in ownership and control determinations, and representing the National Mining Association in litigation that set aside the regulations implementing the AVS. See National Mining Association v. U.S. Department of the Interior, 105 F.3d 691 (D.C. Cir. 1997) and 177 F.3d 1 (D.C. Cir. 1999).
• Successfully challenging an Interior Department regulation imposing an unlawful interest rate on federal coal lease royalties in Amax v. Quarterman, 181 F.3d 1356 (D.C. Cir. 1999).
• Defending a large mining company against CWA and Superfund natural resource damages claims.
• Representing major coal and mineral companies in litigation and arbitration proceedings involving coal and mineral supply agreements, lease agreements, competing severed mineral interests, and similar mineral-related disputes, as well as providing contract drafting and negotiation advice in disputes that have not reached litigation.