Extracting Issues to Enable Progress
Successfully developing or reclaiming a mine today involves grappling with complex regulations, growing public activism, and stringent oversight from federal, state and local agencies. For decades Brownstein Hyatt Farber Schreck has helped our mining clients overcome these hurdles. With experienced and knowledgeable practitioners in corporate law, federal and state environmental permitting, NEPA, water, hazardous waste and land use, Brownstein has worked on every aspect of mine development and cleanup.
Our attorneys have helped clients develop and operate mines throughout the West. With respect to our mining client's corporate needs, our attorneys are experienced in the acquisition and disposition of mining properties, mergers and acquisitions, and finding the most efficient bonding mechanisms. With our close connections with federal and state regulatory officials, we also frequently guide clients through the complex NEPA and Endangered Species regulatory system, which often pose the most difficult obstacles to mine development and operation. We have represented a number of mining clients in obtaining water rights for their operation and permitting the use and disposal of wastewater from the mine facility. We work closely with federal, state, and local agencies to obtain necessary permits to allow mines to operate, including permits for air emissions, water discharge and bonding reclamation.
We have repeatedly assisted our mining clients in the courtroom and before administrative agencies. We have successfully represented mine developers and subcontractors in some of the most significant mining litigation matters in the United States involving mine reclamation and waste discharge issues. Brownstein has a proven track record of helping our clients resolve administrative violations with federal and state agencies, including alleged violations that threaten to stop development or operation of the mine.
Members of our Mining Group have worked on significant mining issues while working for Congress and for federal and state agencies, including Congressional land and energy committees, the Departments of Interior and Energy, and Department of Justice, the Environmental Protection Agency, and different state agencies. Additionally, we have a team member who oversaw and resolved several complex mining issues while serving as Solicitor of the Department of Interior.
NEPA Compliance and Litigation. We regularly provide consultation to clients on matters related to the National Environmental Policy Act (NEPA). We advise clients on issues of compliance, and how companies can plan future initiatives with respect to the impact of these complex areas of the law. We possess specific expertise on, among other current issues, compliance with climate change analysis for projects, water supply issues, feasibility of alternatives and mitigation, and applicability of exemptions. Through a proactive problem-solving approach, we help clients avoid courtroom-driven outcomes whenever possible. When litigation is inevitable, our group calls on experience from hundreds of litigated matters. We have expertise litigating a variety of significant issues including climate change, water supply, sufficiency of project alternatives and proposed mitigation measures, baseline for projects and exemptions.
Endangered Species Act (ESA). Brownstein attorneys have extensive expertise in nearly every aspect of the federal and California Endangered Species Acts developed both in the private and public sectors. Our experience is local and national in scope, allowing us to better navigate the larger policy context often affecting ESA decision-making, while still understanding the local realities impacting any project.
Remediation. Our attorneys work on matters involving the removal of pollution from soil, ground water, sediment and surface water, as well as issues surrounding Brownfield sites intended for redevelopment and closed mining operations.
Environmental Permitting. On behalf of utility providers, resort developers, ski areas, home builders, telecommunications companies and highway authorities, our team analyzes permitting strategies and assists in obtaining permits from the U.S. Army Corps of Engineers, Fish & Wildlife Services, the EPA, the Bureau of Land Management, state water resource and environmental agencies, and city and county governments.
Environmental Due Diligence. Our remediation attorneys perform due diligence on environmental contamination issues and conduct environmental reviews for properties included in real estate transactions.
Environmental Litigation. When litigation arises, we have considerable experience tackling issues related to environmental remediation and compliance. We have repeatedly and successfully litigated on behalf of clients facing potential criminal and civil violations of CERCLA, RCRA, the Clean Water Act, the Clean Air Act, the Endangered Species Act and other environmental statutes.