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

Key Contacts

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Experience

Defended Against 362 Water Law Claims

In coordination with the State of Idaho and other objectors, assisted in defending against 362 claims filed by the United States and the Coeur d’Alene Tribe and that risked the water supply for residents and businesses in the Coeur d’Alene Spokane River Basin.

Nevada Gold Mines, LLC

Represented Nevada Gold Mines, LLC as lead counsel against the Pershing County Water Conservation District who contended that priority water rights had been negatively impacted by the State Engineer’s alleged improper actions regarding water appropriations and conjunctive management of water rights in the Humboldt River Basin. After years of litigation, the District agreed to dismiss the case with prejudice.

Permitting Challenge in Federal District Court

Provided legal advice related to federal and state permitting of the Mount Hope Project owned by Eureka Moly. Represented Eureka Moly in appeals in Federal District Court challenging federal approval.

Insights