Representative Mining Experience

Environmental Regulation and Challenges

• Defended an internationally owned mining company against environmental challenges under the Natural Resources Clause, Article VIII of the Alaska Constitution, to the company’s drilling program, land use permits, and water use permits for development of the largest gold, copper, and molybdenum deposit in Alaska.
• Defended a major mineral development project from a statewide clean water initiative intended to block project development in violation of the limitations on the public’s power to enact laws by initiative under Alaska Constitution Article XI, § 7.
• Manage all aspects of the development, regulatory ‎approval, and subsequent appellate proceedings for a ‎‎170+ acre luxury housing development in Bend, ‎Oregon, including land use entitlement, state water ‎rights, and surface mining permitting.
• Acted as lead counsel for the Navajo Transitional Energy Company and National Mining Association in Navajo Transitional Energy Company, LLC et al v. Department of the Interior et al. challenging two federal Resource Management Plan Amendments governing public minerals in the Powder River Basin of Montana and Wyoming.
• Lead counsel advising metallurgical coal mines in water quality and natural resource claims and regulatory compliance governed by the federal Clean Water Act, state water quality statutes, and the Boundary Waters Treaty between the United States and Canada.

Acquisition, Permitting & Mining Rights

• Defended an international mining company’s drilling and exploration program from a permitting challenge by an environmental non-governmental organization (NGO) under the Natural Resources Clause, Article VIII of the Alaska Constitution.
• Assisted a large U.S. mining company in multi-state acquisition of multiple mines by navigating ‎state and federal environmental permitting requirements and conducting due diligence.
• Counseled client in exploration, permitting, and strategy related to exploratory mining for critical minerals.
• Represented an Alaska native corporation in the sale of a mining facility and related mining ‎rights.
• Advised mining company on eight-figure acquisition of a partially entitled lithium project.
• Assisted owner on sale of eight-figure exploration stage mining project.
• Negotiated on behalf of operator with Oregon Department of Geology and Mineral Industries (DOGAMI) regarding purported lapse of aggregate mine permit.
• Represented a developer in its efforts to expand a gravel mine in Eastern Washington, assisting it in conducting SEPA analysis, obtaining the necessary local land use permits, and defending those challenges from administrative appeal to the state supreme court.
• Counseled national energy company in permitting for numerous operations in multiple western states and Indian reservations, including vast coal mine operations on federal land, state, and private land.
• Counseled national mining and energy company in permitting for numerous surface mines in multiple western states and Indian reservations, including vast coal mine operations on federal, state, and private land, managed regulatory compliance of complex waste streams, and litigated permit-related appeals before state and federal agencies in multiple jurisdictions in the western United States.

Litigation & Defense

• Defended a mining company executive in a federal jury trial of six felony counts charged under the Clean Water Act, obtaining an acquittal or hung jury on all felony charges.
• Prevailed following a lengthy trial on behalf of a prominent mining company in defending against a constitutional challenge to mineral exploration permits.
• Obtained a preliminary injunction for a mining company halting termination of an option agreement to acquire substantial mineral claims related to a large prospective gold mine.
• Obtained summary judgment striking a version of a ballot initiative that threatened to prevent all new mining in Alaska.

Real Estate and Leasing

• Represented a native village corporation as the surface landowner in a dispute over reasonable access and use of surface estate for road construction and port facilities for a world-class gold and copper mining project.
• Advise metallurgical coal mining company on federal leasing and permitting of publicly owned minerals including compliance with FLPMA, NEPA, and SMCRA.

Financing

• Assisted foreign hard rock mine operator on eight-figure cross-border alternative financing agreement.
• Negotiated with lender on behalf of aggregate mine operator to secure eight-figure loan.