Representative Experience
- Investments/Transactions/Projects/Development
- Represented seller and lessor of interests in Wyoming, Colorado and Montana coal properties and mining ventures.
- Represented buyer of interests in coal properties in Wyoming.
- Represented owner of geothermal plant on geothermal brine lithium extraction venture.
- Represented seller and lessor of coal mine and coalbed methane reserves in Alabama.
- Represented seller of California rare earths mine, Wyoming coal mine, New Mexico uranium mine, Texas uranium milling facilities, and Utah Gilsonite resin mine and associated reserves.
- Represented seller of interest in Brazilian niobium mining and marketing company.
- Advised large private equity investor in a strategic investment in largest project in North America containing some of the important rare earth minerals.
- Represented rare earths mining and processing company on development of processing and refining facilities, and on tolling and offtake agreements for purchasers of rare earth oxides and finished rare earth magnets.
- Advised regarding strategic and operational aspects of reorganizing a national mining industry in preparation for long-term planning and capability-building for government-led initiatives.
- Advised a foreign state-owned corporation regarding complex mining contracts and bilateral state agreements in connection with mineral sector renegotiations and restructuring.
- Advised a minority investor regarding its acquisition of an interest in a copper and critical minerals mining project in Nevada.
- Represented partner in venture for oil sands extraction, bitumen pipeline and bitumen upgrader in Alberta, Canada.
- Supply Chain, Regulatory & Compliance
- Represented a foreign Ministry of Energy regarding regulatory frameworks and international treaty obligations related to mineral development activities.
- Advised U.S. nuclear utility companies on multiple supply chain reviews related to critical mineral and strategic minerals and energy security, conducted by the White House, Department of the Interior, Department of Defense and Department of Energy.
- Provided Aspen Institute with strategic, regulatory and corporate advice regarding the formation of the Zero Emission Maritime Buyers Alliance (ZEMBA), alongside co-founders Amazon, Patagonia and Tchibo.
- Advised large, integrated health care system on antitrust issues in connection with development of multi-hospital buying group.
- Counseled firms in a wide range of industries on antitrust issues arising from prospective joint ventures including, where necessary, securing Hart-Scott-Rodino Act clearances.
- Environmental and Natural Resources
- Advised global mining company on all aspects of managing its portfolio of U.S. environmental liabilities, including administrative and judicial action, as well as stakeholder and political engagement.
- Advised rare earths mining and processing company on environmental permitting matters associated with development of magnet manufacturing facility.
- Advised a mining company on the decommissioning and reclamation of a former uranium mill site in New Mexico, including representation of the company’s regulatory interests before the U.S. Nuclear Regulatory Commission (NRC), remediation of groundwater impacted by tailings seepage, and transitioning the site to the U.S. Department of Energy (DOE) for long-term custody and care under the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA).
- Advise global mining company regarding complex, cross-boundary water quality matters and proceedings related to metallurgical coal mines.
- Represented a mining company in negotiating unique non-CERCLA settlements with the U.S. EPA and a U.S. state regarding various environmental response actions, including a unique Good Samaritan agreement.
- Represent a mining company regarding performance of a megasite remedial investigation & feasibility study under U.S. EPA oversight, a complex administrative process under the federal National Contingency Plan regulations.
- Advise mining company regarding its voluntary Nature Positive commitments across its multi-continent portfolio of mining and processing operations.
- Advised the owner of a former uranium milling site in Wyoming on NRC and DOE regulatory requirements pertaining to the transfer of the site to DOE for long-term custody and care under UMTRCA.
- Advised company on its successful efforts to obtain a first-of-its-kind NRC service provider license to use its High-Pressure Slurry Ablation technology to remediate abandoned uranium mine waste at inactive uranium mine sites, which may be deployed at potentially thousands of abandoned mine waste sites across the Western United States.
- Site Selection, Government Incentives, and Strategic Engagement
- Advised a global manufacturer in its entry into the U.S. market, including serving as site selection counsel to advise on incentives, real estate, permitting, and related issues.
- Advised a global manufacturer on the development of a new facility in Texas, including negotiating a long-term lease, advising on state and local tax implications, and securing an incentive package inclusive of tax abatements, workforce support, and performance grants.
- Advising a major foreign chemical company with respect to a host of site selection issues leading up to final investment decision, including conducting comprehensive environmental due diligence and permitting.
- Advised a major foreign chemical company with respect to real estate issues (specifically, a ground lease), employment agreements, and environmental diligence and permitting regarding an FID for siting in Louisiana.
- Served as counsel to multiple companies who are seeking or have accepted federal grant funds made available through the Infrastructure Investments and Jobs Act and Inflation Reduction Act to conduct infrastructure projects and build new facilities.
- Advise U.S. manufacturer of metal powders on Foreign Entity of Concern restrictions applicable to 45X tax incentives under the One Big Beautiful Bill Act.
- Advise mining companies regarding U.S. Indigenous governments engagement.
- International Trade and National Security
- Advised space launch company on supply chain and export control matters regarding rare earth magnets.
- Advised Nordic manufacturer on supply chain matters regarding battery supply chain and Uyghur Forced Labor Prevention Act (UFLPA) requirements.
- Advised chemical a manufacturer on supply chain review and mapping, identifying inputs for alternate sourcing, preparing a due diligence report on potential XUAR sources, drafting UFLPA traceability packages, and preparing reporting under California Supply Chain Transparency Act.
- Advised leading electronics industry association on Section 232 national security investigation of processed critical minerals and providing ongoing counsel regarding trade and supply chain matters involving minerals.
- Advised U.S. manufacturer of metal powders on Section 232 national security investigation of processed critical minerals ongoing counsel regarding trade matters.
- Advised U.S. utilities on Section 232 national security investigation of processed critical minerals and Department of Energy Request for Information regarding the 2026 Critical Materials Assessment.
- Advised U.S. mining and manufacturing company on Section 232 national security investigation of processed critical minerals.
- Advised U.S. pipe joining production on Section 232 national security investigation of copper and providing ongoing counsel regarding trade matters.
- Advised U.S. mining and manufacturing company on Section 232 national security investigation of rare earth Neodymium Magnets; ongoing counsel on trade policy and import matters.
- Successfully mitigated penalties of over $1.5 million related to Temporary Importation under Bond (TIB) entries made by U.S. manufacturer of mining equipment. We undertook a detailed review of the company’s s TIB entries and export documentation and devised a compliance and mitigation strategy which involved proactively engaging with the agency and filing relief petitions as well as Anticipatory Breach Notifications.
- Advised U.S. military aircraft parts supplier in criminal, government contracts, and export control investigations involving magnets and specialty metal requirements.
- Disputes & Investigations
- Defended foreign mining company in a U.S. Superfund citizen suit. Secured dismissal of individual claims and defeated $23 million in statutory fines and penalties.
- Represent foreign mining company in high-profile natural resource damages litigation involving multiple issues of first impression in U.S. federal district court and the Ninth Circuit Court of Appeals.
- Represented foreign mining company in dismissal of claims regarding air emissions under CERCLA and state analog in the federal district court and the U.S. Ninth Circuit Court of Appeals
- Represented Teck Resources in dismissal of claims under Helms-Burton Act in U.S. federal district court in Miami and Eleventh Circuit Court of Appeals.
- Represented Barrick Gold Corporation in negotiations with liability insurers to resolve major coverage claims.
- Representing and advising Vale Canada Limited in litigation in the New York and in Ontario, Canada regarding insurance coverage claims for environmental exposures from mining, smelting and refining operations worldwide.
- Represented Teck Metals Ltd. in litigation in U.S. District Court for the Eastern District of Washington and coordinated with litigation in British Columbia courts concerning insurance coverage for alleged environmental damage in the U.S. from smelting operations in Canada.
- Represented Rio Tinto Alcan in private settlement negotiations and litigation concerning insurance coverage for environmental claims arising from mining and refining operations.
- Investor-State and Commercial Arbitration
- Represented a claimant in an investment arbitration for £16 million related to a mining equipment contract (Joy Mining Machinery Ltd. vs. Arab Republic of Egypt - ICSID).
- Represented a plaintiff from the United Kingdom in a $20 million claim regarding a mining equipment contract (arbitration by the Cairo Regional Center for International Arbitration).
- Represented Pakistan in a dispute arising out of the denial of a mining license. (Tethyan Copper Company v. Pakistan, ICSID Case No. ARB/12/1).
- Represented Guatemala in a dispute stemming from the suspension of a mining exploration license. The case is pending. (Daniel Kappes et al. v. Republic of Guatemala, ICSID Case No. ARB/18/43).
- We represent Mexico in a dispute brought by a Canadian shareholder in a mining venture over the alleged mistreatment of the shares by the Mexican courts. A merits hearing is scheduled for the fall of 2025. (Goldgroup Resources, Inc. v. United Mexican States, ICSID Case No. ARB/23/4).
- Defeated claims exceeding $200 million in ICC arbitration brought by ArcelorMittal involving the Mont-Wright mining complex in Québec, with tribunal awarding Metso $4.7 million in fees and expenses.
- We represent two entities related to the state and government of a former Central Asian state of the Commonwealth of Independent States-CIS (Former - Soviet Union) against claims by a joint venture partner in a mining project in connection with an alleged state expropriation under a bilateral investment treaty and claims of force majeure (UNCITRAL Rules).
- We represented a multinational mining company in a lawsuit against a state-owned CIS gas company for rights to an offshore platform in the Arctic. The matter was resolved in favor of our client.
- Represented an EPC contractor in arbitration of more than $100 million in disputes arising out of the design and construction of copper and molybdenum mining facilities in Morenci, Arizona; settled on favorable terms.
- Successfully defended a mining equipment manufacturer in international arbitration seeking more than $200 million in damages based on product-defect claims.