Our natural resources practice is national and international in scope and highly experienced in working with governmental agencies

Overview

Parsons Behle & Latimer’s mining attorneys routinely represent clients in mining and public land litigation in several Western states. This representation includes administrative and judicial appeals and litigation involving public land and federal lease disputes; NEPA appeals and litigation; private, federal and state royalty disputes; long-term coal contract litigation; title disputes involving mining claims, water rights and access rights; and land use authorizations affecting mining on public and private lands in the West.

Our firm regularly represents mining clients to prosecute or defend administrative appeals of federal and state agency decisions impacting mining operations. Our attorneys have prosecuted or defended administrative appeals and tried or litigated cases on behalf of mining clients before numerous agencies and courts, including the Interior Board of Land Appeals, MMS and U.S. Forest Service Regional Offices; the Utah Boards of Oil, Gas & Mining, Air Quality, Solid and Hazardous Waste, and School and Institutional Trust Lands; state courts or agencies in Utah, Nevada, Montana, Washington, Missouri, South Dakota and California; federal district courts in Utah, Nevada, Oregon, Arizona and North Dakota; federal Courts of Appeal for the Tenth, Ninth, Eighth and D.C. Circuits; and the United States Supreme Court. Where appropriate, our mining attorneys achieve cost-effective settlements with regulatory authorities through command of the facts, skillful use of expert consultants and careful scrutiny of the applicable regulations and guidance documents.

Team

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Experience

Environmental Defense for Oil Company in Groundwater Contamination Case

Served as legal counsel for an oil company responding to allegations from a railway company regarding groundwater impacts. The case involves a Montana oil site allegedly contributing to contamination at an adjacent cleanup site dating back to the 1980s.

Defense Against Environmental Violations in Mining Industry

Served as legal counsel for a consultant mining company and its principal against state environmental agency allegations of violating mining reclamation laws. Representing two of five co-defendants in the case.

Successful NPDES Permit Appeal for Spokane River Discharge

Served as legal counsel in an administrative appeal to the Washington State Pollution Control Hearings Board, challenging the Department of Ecology's issuance of an NPDES Permit for a client's discharge into the Spokane River. Successfully obtained a stay of the interim temperature limit and ultimately prevailed on the merits through summary judgment.

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