Metals, Coal & Other Mining Industry Representative Experience

Acquisitions of U.S. Metallurgical Coal Reserves*

Advised Indian integrated steel companies in connection with acquisitions of metallurgical coal reserves in the United States.

Administrative Rules Advocacy

Counseled coal gasification developer in drafting and advocacy of administrative rule changes.

Aracoma Coal Company Inc., et al., v. American International Specialty Lines Insurance Company

Represented a major coal producing company in a wrongful death and bodily injury action against its liability insurer arising out of a mine fire.

BHP Billiton

Represented BHP Billiton on an exploration project in northwest Alaska from 2005 – 2012. BHP undertook an extensive exploration project on an area containing the largest coal reserves in North America. The work was focused on the Surface Mining Control and Reclamation Act (SMCRA) and state permitting required for exploration camps.

Buckhorn Mountain Project

Represented mining company in permitting of an underground gold mine in northern Washington and successfully defended against litigation challenging project permits.

CERCLA Removal Action for Historic Mine Tailings Site

Counseled owner/operator of the site in Stibnite, Idaho.

Chuitna Coal Project

Represented PacRim Coal, LP in project to develop tidewater surface coal mine in Alaska’s western Cook Inlet area. The work involved permitting on every front, including SMCRA. The team went through an extended process fighting off a petition to designate the lands as “unsuitable for mining”—a process recognized under the federal SMCRA statute.

Coal Mine Sales and Coal Company Bankruptcy Proceedings*

Represented a large coal company in various coal mine sales in West Virginia, Kentucky and Illinois totaling nearly $100 million. Also conducted regulatory due diligence for creditors in various large coal company bankruptcy proceedings.

Coeur Kensington Mine

Successfully defended challenge to tailings facility in federal courts; ongoing representation of Coeur Mining Inc. regarding permitting, environmental compliance, land, water rights and other matters for operation and further development of large gold-silver mine in southeast Alaska.

Coeur Rochester Mine

Successfully defended challenge to mine plan of operations in U.S. Department of the Interior Board of Land Appeals, assistance to Coeur Mining, Inc. regarding federal permitting, environmental compliance and other matters for operation and further development of large silver mine in Nevada.

Cook Inlet Region, Inc. (CIRI)

Successfully addressed environmental investigation, remediation and cost recovery inquiries and negotiations for contaminated site on the Beaufort Sea on the North Slope of Alaska. Consulted on underground coal gasification (UCG) and carbon capture and sequestration (CCS) permitting as well as provided strategic counseling. This was North America's first such project.

Dawn Mining Company

Represented the uranium mill in both the negotiation of radioactive materials licenses and closure plan as well as in a CERCLA cost-recovery action brought by EPA in the U.S. District Court for the Eastern District of Washington.

Development of Coalbed Natural Gas

Advised on development of coalbed natural gas on federal lands requiring a lease issued from the Bureau of Land Management (BLM) within Wyoming.

Donlin Gold Project

Ongoing representation of Donlin Gold LLC in permitting, Alaska Native landowner agreements and other matters for development of major gold mine in Alaska’s Kuskokwim River region.

Falconbridge Property

Represented  mining company in sale of historical mining inholding properties to the National Park Service in Alaska.

Franco-Nevada Corporation IPO

Represented Franco-Nevada Corporation in its Initial Public Offering (IPO) on the Toronto Stock Exchange with concurrent 144A offering into the United States.

Hecla Greens Creek Mine

Defended Clean Water Act (CWA) enforcement case involving unpermitted discharges, permitting and environmental compliance for tailings facility expansion and other operational, regulatory and federal lands matters for major operating lead-zinc mine in southeast Alaska.

International Royalty Corporation

Represented International Royalty Corporation in its acquisition by Royal Gold Inc. and concurrent defense against unsolicited tender offer from Franco-Nevada Corporation.

JCEP, Veresen

Represent JCEP (a Veresen Inc. entity) with regard to local, state and federal permitting for all aspects of liquified natural gas (LNG) export terminal in Coos Bay, Oregon.

Large Mine Projects

Advised on contracting and leasing with landowners, environmental and land use permitting and disputes, due diligence, title reviews, royalties, water rights for various mine developers and investors in Alaska, Arizona, Colorado, Idaho, and other states.

LNG and Coal Export Terminals

Represented foreign investors in the acquisition of development rights and feasibility analysis for an LNG export terminal in the state of Washington. Representation of rail and coal export terminal developers in the acquisition of development rights and feasibility analysis for a coal export terminal in the state of Washington.

Massey Energy Company & Omar Mining Company v. American International Group (AIG) Casualty Company, et al.

Represented a major coal producing company and its subsidiaries in an action against its liability insurers seeking coverage for allegations of bodily injury and property damage arising out of coal mining operations in nearly 400 underlying actions. This litigation team obtained a significant ruling of first impression in West Virginia that the so-called "absolute" pollution exclusion was ambiguous when applied to claims allegedly arising from the policyholder's coal mining operations. Following this ruling, a favorable settlement was reached on behalf of the client.

Massey Energy Company & Performance Coal Company

Represented a major coal producing company and its subsidiary in insurance coverage disputes arising from the Upper Big Branch mine disaster in Montcoal, West Virginia.

Massey Energy Company & Rawl Sales & Processing Company v. American International Underwriters (AIU) Insurance Company, et al.

Represented a major coal producing company and its subsidiary in an action against its liability insurers involving allegations of bodily injury and property damage arising out of coal mining operations in more than 700 underlying actions.

Massey Energy Company v. Certain Underwriters at Lloyds, et al.*

Lead insurance counsel in a trial in the Eastern District of Virginia representing a major coal-producing company in a first-party property damage and business interruption case. The case was settled favorably prior to closing arguments after the court entered a directed verdict on certain of the insurance companies' key defenses.

Massey Energy Company v. Union Indemnity Insurance Company in Liquidation

Represented major coal producing company and its subsidiaries in an action seeking to recover insurance proceeds for over 1000 claims alleging bodily injury and environmental damage from insurance company in liquidation. Negotiated a favorable settlement after the Special Master assigned to the case rejected the Liquidator’s attempt to cut off the claims without review.

Massey Energy Company v. Zurich Insurance Co.*

Represented a major coal producing company in an action against its directors and officers insurers arising out of a shareholder derivative action. The case was mediated and favorably settled before trial.

Midas Gold Corp. Stibnite Gold Project

Represented owner/operator in federal, state and local permitting, environmental compliance, federal lands, litigation and other matters for exploration and development phases of major gold/antimony mine in central Idaho. 

Mining Claim Rights and Disputes

Provided counsel to claimants and landowners.

Mining Deals in Western U.S. and Other States

Provided due diligence and transactional representation for mining enterprise and asset acquisition, investment and financing in Alaska, Arizona, Colorado, Idaho, and other states.

NAD v. Garco Kinross

Negotiated a favorable settlement on construction dispute regarding mine construction contracts based on pending motion for partial summary judgment in the Superior Court of Washington, Spokane County.

Niblack Mine

Represented Niblack Mining Corporation in advanced stage exploration of hard rock minerals property and challenge to proposed Wild & Scenic Rivers Act designations in southeast Alaska.

The Pinal Creek Group, et al. v. Newmont Mining Corporation, et al.

Represented Newmont Mining Corporation in multi-party CERCLA cost-recovery action. Argued successful interlocutory appeal establishing that liable private parties are limited to contribution claims. Confidential settlement reached after multiple motions for partial summary judgment and exclusion of experts were granted in the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. 118 F. 3d 1298 (9th Cir. 1997)

Product Terminals

Represented several clients in connection with the potential development and permitting rail-to-vessel terminals handling dry bulk commodities, coal, oil and other fuels.

Red Dog Mine

Represented Teck Cominco entities with respect to permitting and appeals arising from expansion into a new ore body, taxation, Native Corporation landowner transactions and other operational permitting and regulatory matters for major lead-zinc mine in western Alaska.

Sales by Newmont Mining Corporation

Represented Newmont in the sale of its California mining assets to Western Goldfields Inc. and its merchant banking division to Franco-Nevada Corporation.

South32 Limited

Represented South32 Limited in a 50/50 joint venture formation with Trilogy Metals Inc. The newly formed company, Ambler Metals, adds a world-class mineral resource exploration and development enterprise for copper and other valuable metals in Alaska.

Stock Purchase of Hecla Ventures Corporation

Represented Great Basin Gold Ltd. in its stock purchase of Hecla Ventures Corporation.

SunChoke

Represented SunChoke, a manufacturer of coke from coal, in patent work, including national and international portfolio management. The matter involved an intimate working knowledge of coal and coal processing technologies.

Tennessee Valley Authority Insurance Recovery for Coal Ash Spill

Represented the nation's largest public utility in securing insurance coverage for the cleanup costs associated with the largest coal ash spill in U.S. history. In the last 3 years, the team recovered more than $300 million from property and liability insurers through settlements and a complete victory in a four-week arbitration against one of the Bermuda-based excess liability insurers.

Underground Coal Gasification

Represented Cook Inlet Region Inc. in project to develop North America's first commercial-scale UCG project.

United States v. Newmont Mining Corporation and Dawn Mining Company

Represented former mine operator in CERCLA action concerning mining site in which former operator established liability of United States. 504 F. Supp. 2d 1050 (E.D. Wash. 2007)

Usibelli Coal Mine, Healy Complex

Represented Usibelli Coal Mine regarding its Healy complex mines. The work included permitting for existing and new mines under Section 404, SMCRA and CWA NPDES, as well as other operational, land management and regulatory matters.

Usibelli Coal Mine, Wishbone Hill Mine

Represented UCM on its proposed Wishbone Hill Mine, a proposed thermal coal export project in southcentral Alaska. The work encompassed SMCRA permitting, air permitting and numerous rounds of litigation in state court, federal courts and before the Office of Surface Mining Reclamation and Enforcement. The litigation also involved a federal citizen suit against UCM which was successfully dismissed.

Utica Site

Defended Alaska Native corporation on matter involving cleanup of historical mining properties.

Wilkes, et al. v. Cyprus Miami, Inc., et al. v. Newmont Mining Corp., et al.

Served as lead counsel for third-party defendant Newmont in purported medical monitoring and property damage class action rising out of groundwater contamination. Third-party complaint dismissed by the Superior Court of Arizona, Pinal County.

*Prior Experience