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Providing Advice to Clients about Coal Contracts and Price Negotiations

The attorneys at Parsons Behle & Latimer are familiar with coal markets across the country.

Our attorneys regularly assist electric utility clients in negotiating and drafting coal supply agreements that range from simple, short-term spot agreements to complicated life-of-the-mine contracts intended to span decades. We have also done large “cost-plus” coal supply agreements, which demand an intimate understanding of the economics of coal production. One of our largest utility clients was for many years a co-owner of several mines; as a result, we have strong experience in advising on mine ownership issues.

We also assist our clients in negotiating transportation contracts (rail/truck/barge) for coal and contracts for disposing of fly ash and other coal combustion by-products to third parties such as cement plants and road construction contractors. We have represented utility clients in litigation and arbitrations under coal supply agreements and rail transportation agreements, including cases involving rail rates, seller shortages, the validity of force majeure claims, and others.

Our attorneys who do coal work also work with the firm’s environmental law experts concerning air and soil regulations governing the burning of coal and storage of combustion by-products that cannot otherwise be disposed or sold, and we have responded on behalf of utility clients to Section 114 requests from the EPA as well as to requests for information from public interest groups. Additionally, when it comes to negotiating coal prices, we have developed excellent relationships with some of the finest consultants in the country.