Hal J. Pos

Represented a mining client in a CERCLA interim removal action concerning the former Black Jack and Mac uranium mines on Navajo Nation lands in New Mexico. Representation included negotiations of an administrative order on consent and interim removal action scope of work with the United States to investigate the nature and extent of actual or threatened releases of mine-related material at these sites. The initial work has culminated in the preparation of a Removal Site Evaluation and draft Engineering Evaluation/Cost Analysis that identifies possible remedial action alternatives at the four mine sites.

Represented a Canadian mining client ("the client") in successful negotiations of a CERCLA Bona Fide Prospective Purchaser (BFPP) administrative settlement agreement and order on consent (AOC) with the United States Environmental Protection Agency (EPA) and the State of South Dakota at the former Gilt Edge gold mine operation in South Dakota, which is currently listed as a Superfund site on the National Priorities List. The AOC requires the client to investigate and characterize the subsurface site geology, mineralization, geochemistry and hydrological characteristics beneath existing pits to help understand the location, specific subsurface rock type sources, and pathways of migration of acid rock drainage (ARD) derived metals that may be migrating along underground structural corridors into the Strawberry Creek drainage. As part of the investigation, the client will perform confirmation and exploration drilling to determine the quality and quantity of the gold reserve, conduct mining feasibility studies, and metallurgical, engineering and preliminary permitting activities to evaluate the economic feasibility of mine development. The AOC protects the client from CERCLA liability for existing historical site contamination, estimated by EPA at $280 million, through covenants not to sue and contribution protection provisions in the AOC.

Represented a mining client in a CERCLA removal action concerning the former San Mateo uranium mine in San Mateo, New Mexico. Representation included negotiations of an administrative order on consent and removal action scope of work with the United States and a cost sharing agreement with other potentially responsible parties; managing and overseeing the removal action work performed by environmental consultants retained on the project; and overseeing post closure activities. The PRPs filed a cost recovery claim against the United States to recover a portion of its U.S. $7.5 million costs. Following the filing of the complaint, the client entered into separate settlement negotiations with the United States, which resulted in a cost recovery for the client and final settlement with the United States, United States Department of Justice and United States Environmental Protection Agency, memorialized in a final approved consent decree.