Environmental, Natural Resources, & Energy

Natural Resources & Energy

Natural Resources

Stites & Harbison's attorneys have extensive national experience in representing extractive and associated industries related to energy production. These include companies engaged in mining, producing, transporting and selling energy resources such as coal, waste coal, oil and gas, and in the hardrock production of limestone, sand and gravel.

Our team also represents businesses and groups involved in all aspects of natural resource development and protection. This includes timber management, land reclamation, land conservation and mitigation of environmental impacts associated with resource development.

Regional, national, and international clients turn to the Environmental and Natural Resources attorneys of Stites & Harbison for cutting-edge advice on business and legal issues related to transactions, mining and selling coal and other extractive products, and related taxation. Clients include those engaged in mining, producing, transporting and selling energy resources such as coal, waste coal, oil and gas, and in the hardrock production of limestone, sand and gravel. We also provide legal advice on mining and related regulatory aspects of natural resources.

Recent examples of our representations in this area include:

  • Counseled developer of waste coal facility for sale and processing of slurry and coarse refuse in legacy site.
  • Advised seller of Powder River Basin operations on permitting and bonding requirements and lead negotiations with state and federal regulators.
  • Conducted due diligence for permitting, reclamation bonding, and compliance issues on Appalachian operations involving metallurgical coal.
  • Advised limestone producers on acquisitions of reserves and on acquisition, permitting, and sale of operations.
  • Negotiated transaction documents for sale of surface mining, underground mining, processing, and waste facilities in eastern Kentucky.
  • Represented buyer in due diligence and regulatory aspects of transaction for purchase of multi-state operations in Appalachia.
  • Represented an Appalachian coal producer against Cogentrix, Inc. regarding a "requirements" coal supply contract that resulted in a favorable arbitration award for the client of more than $8 million.
  • Counseled a large eastern, investor-owned utility and a regional generation cooperative on the largest bankruptcy of a coal supplier in the country, Horizon Natural Resources, and its pre-petition and post-petition failures to perform various coal supply agreements with those utilities.
  • Represented a coal company against a South Carolina utility regarding its alleged failure to perform a coal supply agreement.
  • Drafted amendments and revisions on behalf of a supplier with DTE, TVA, VEPCO, Southern Company Services and various other utilities and industrial users.
  • Represented private parties in numerous disputes on coal supply contracts, marketing and sales contracts, and the renegotiation of unfavorable agreements.

The group's depth of experience in the coal and utility industries is a practical plus. No problem with a coal supply contract is too large or too small for Stites & Harbison to bring added value to the client in resolving a dispute before it happens or in bringing an "outside the box" approach to satisfy both the coal supplier and coal user under such a contract.

Energy

Very few subjects have generated as much regulatory, political or social concern as electrical energy generation. Our country is in the process of reviewing policies related to traditional energy production and responding to environmental concerns. Although our firm’s experience with conventional power production technologies and related legal issues in the United States is extensive as described below, we continue to stay abreast of initiatives and regulatory proposals which may involve economic or operational constraints on existing technologies. We also monitor initiatives related to enhancements and incentives for reduced emissions and alternative energy development.

Stites & Harbison has an active Energy and Electrical Power practice and provides a broad spectrum of legal services related to the industry. From siting, permitting and constructing power plants and transmission facilities to prosecuting patents on electrical generating technology or negotiating and litigating power purchase or fuel supply agreements, the breadth of experience at the firm supports many facets of this vital industry.

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Events

28th Annual Business & Industry’s Sustainability & Environmental, Health and Safety Symposium

Date: 3/26/19 - 3/27/19

Sharonville Convention Center, 11355 Chester Road, Cincinnati, OH 45246

The 28th Annual Sustainability and EHS Symposium is the one conference you’ll want to attend. Attendance will give you the competitive edge in meeting today’s complex regulatory challenges and help you manage differently in the changing business world.

Jennifer J. Cave and W. Blaine Early III January 07, 2019
Press Releases

Marshall Hixson Elected President of Fayette County Bar Association

LEXINGTON, Ky.—Stites & Harbison, PLLC is pleased to announce that attorney Marshall Hixson was recently elected president of the Fayette County Bar Association (FCBA). Hixson will serve a one-year term.

by Stites & Harbison, PLLC June 29, 2018
Press Releases

Chambers USA 2018 Honors Stites & Harbison

LOUISVILLE, Ky.—Chambers USA selected 18 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2018 guide. The Chambers USA guide ranks the top law firms and leading attorneys in the United...
by Stites & Harbison, PLLC May 08, 2018
Client Alerts

Waters of the United States Forecast: Continued Cloudiness, No End in Sight

In previous alerts we addressed the continued national confusion about the nature and extent of federal jurisdiction over properties exhibiting “waters of the United States” asking, “What Are Waters of the United States” and “Why It Matters.”

by William T. Gorton III March 19, 2018