Mining

Mining

Energy, Environment and Natural Resources: Natural Resources

Developers look to our lawyers for guidance as they acquire, develop and operate mining projects in the United States and abroad. We have extensive experience working directly with federal agencies to obtain necessary approvals related to permitting and mineral tenure, and we diligently evaluate environmental risks and ensure clients’ plans meet all regulatory requirements. Clients rely on our guidance to ensure compliance with the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation Recovery Act, and the Clean Water Act, and manage legacy contamination issues, including remediation and natural resource damages at Superfund sites. We are adept at managing the interplay between state and federal requirements related to property law and mineral access on public lands, and regularly consult with Native American tribes on behalf of clients seeking to develop resources on tribal lands. Our seasoned litigators defend mineral holders’ rights in state and federal courts, and stay abreast of federal policies and rulemakings that will impact developers.

Experience

  • Representing a multinational mining company before state and federal government agencies regarding mining rights, including evaluating mineral tenure, securing rights to minerals, and managing the interplay between federal, state and private mineral ownership.
  • Developing regulatory strategies for a leading fossil fuel extraction company, including strategy proposals for public relations, public policy engagement, litigation tactics and allocation of resources.
  • Advising mining developers regarding mineral resource projects on tribal lands, including issues involving federal, state and tribal law.
  • Defending enforcement actions at mining sites and assisting with contribution claims, allocation of liability among potentially responsible parties, and all aspects of natural resource damage claims brought by federal, state or tribal trustees.
  • Advising large mining companies seeking to obtain federal approvals under a variety of federal environmental statutes and wildlife laws, including the National Environmental Policy Act, the Clean Water Act and the Endangered Species Act.
  • Counseling developers on innovative conservation mechanisms to offset project impact.
  • Helping several international mining companies assess environmental and regulatory risks related to potential acquisitions of interest in hard-rock mining projects across the United States.
  • Providing guidance regarding financial assurance, bonding and securitization requirements for mining companies.
  • Developing comprehensive legal and public policy strategies to inform agency actions regarding permits and approvals of operation plans at mining sites.
  • Representing a major mining company in a dispute between the federal and state government over the ownership of minerals subject to a lease held by the company.
  • Developing comprehensive litigation strategies to respond to agency decisions regarding pending permits and approvals on behalf of mining companies.
  • Defending mineral holders' rights against attempts at termination by federal and state entities.
  • Aiding a client in the acquisition of water rights owned by mining companies, and developing strategies to address heavy metal contamination of acquired water rights at associated mine sites and return the water to sufficient quality for human consumption.
  • Advising a large international client on regulatory structures in Colombia, Ecuador and Mexico, and evaluating the risks and opportunities of mining investments in these mineral-rich South American countries.

Notice

Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link.(The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.

I Accept Cancel