Coal Resource Development, Permitting, Mining, Processing, Sales & Environmental Compliance

  • Assist clients in obtaining environmental permits, permit transfers, waivers, and variances for mining and mineral development projects.
  • Work closely with clients in developing plans for mitigation of environmental impacts associated with resource development, as well as conservation easements in conjunction with resource extraction permits.
  • Regularly defend mining companies against environmental enforcement actions taken by federal and state regulatory agencies.
  • Participate in federal and state legislative and agency rulemaking activities to shape the rights and obligations of mining clients.
  • Work with trade associations to clarify regulatory requirements for access to mined property.
  • Represent mining companies in access issues and surface/mineral owner disputes.
  • Advise clients on royalty dispute issues.
  • Draft standard mineral reserve and development agreements for mining companies and individual lessors.
  • Represent mining companies and coal landholding companies in quiet title actions and title curative work. 
  • Regularly draft mineral royalty and contract mining agreements for several Appalachian-based land and mineral holding companies.
  • Negotiate and draft transportation agreements for mineral cargos, including dock and barge fleeting agreements.
  • Routinely represent the Kentucky Coal Association, mining companies, and mineral lessors before the Kentucky Revenue Cabinet on unmined minerals taxation issues.
  • Obtained a federal court injunction against the federal Office of Surface Mining to prevent threatened federal enforcement when an operator was caught in a disagreement between state and federal regulatory agencies.
  • Represented a mineral holding company against the federal government in the Court of Federal Claims on the ground that its mineral property was taken by surface mining regulation.
  • Represented a coal company in its successful effort to obtain a permit to construct and operate the largest coal ash landfill in Kentucky despite a determined permit challenge. 
  • Counseled investment groups in the acquisition and operations of anthracite mine in northeast Pennsylvania.
  • Represented a large energy and coal trading company in the breach of a coal shipping and “through-put” agreement at a dock on the Big Sandy River.
  • Challenged numerous agency regulations and rulemaking at the program level, achieving delays in implementation and favorable settlements in several others. 
  • Represented a large energy company in the negotiation of a lease for a large loading facility on the Big Sandy River. 
  • Drafted various amendments and revisions on behalf of supplier with Southern Company Services and various other utilities and industrial users. 
  • Represented an Appalachian coal producer against Cogentrix, Inc. regarding a “requirements” coal supply contract that resulted in a favorable arbitration award for client of more than $8 million.
  • Represented a coal company against a South Carolina utility regarding its alleged failure to perform a coal supply agreement. 
  • Advised coal companies regarding lands-unsuitable-for-mining petitions.
  • Assisted in massive due diligence investigations in connection with purchases of coal company holdings by clients.
  • Represented various private parties in numerous disputes on coal supply contracts, marketing and sales contracts, and the renegotiation of unfavorable agreements. 
  • Coordinated and led legal and business teams in workouts in bankruptcies of large central Appalachian coal companies, including Quaker Coal, Lodestar Energy, Centennial Resources, Cook Brothers Coal Company, Horizon Natural Resources, and numerous mid-size companies.
  • Represented Tennessee coal mining company targeted by citizen groups for cross-ridge mining plans; prevailed against two NEPA challenges.
  • Represent owners of numerous large coal refuse disposal facilities in Pennsylvania and Kentucky in negotiations for reprocessing.