Businesses and individuals involved in the mining industry regularly confront an array of legal and business issues that range from day-to-day personnel and operating concerns to complex regulation and litigation matters. Policies and procedures pertaining to land use, reclamation, regulatory issues, land preservation, air and water quality, the protection of endangered species, employment, mine safety and health concerns require experienced mining industry legal counsel to stay vigilant with regard to compliance and violation management.
No matter the stage for your mining venture, whether it’s a start-up, acquisition, exploration, development, operation or reclamation phase, the Jordan Ramis Mining team can help you as we have helped others through these phases. Our mining industry clients include quarries, underground mines, investors, landowners and third party mining-related businesses.
Our team members are primary counsel for aggregate and industrial mining, whether it’s on the surface or below ground. Clients have chosen Jordan Ramis because our experience and expertise spans the complexities and often time-critical aspects of real estate transactions, land use and land development, environmental regulation, water rights, land reclamation, and employment. We integrate our counsel with our clients’ team of advisors and professionals so that we are perfectly in synch with all goals and concerns.
Areas of Expertise
- Surface mining permits;
- Reclamation Plan approvals and amendments;
- Quarry annual inspections and reporting compliance;
- Vested rights determinations and hearings;
- Interim management plans;
- Enforcement orders;
- Acquisition and disposition of mine properties
- Mineral title examination
- Royalty agreements and disputes
- Mining leases and joint-venture agreements
- Split-estate and surface use conflicts
- Regulatory compliance assistance
- Appeals of enforcement actions, fines and penalties
- Obtain and defend permits for mining operations
- Public land law
- Environmental and natural resources law
- Historic and cultural resource clearances
- Water resources and strategy
- Non-conforming rights
- Represented mine operators in mining permitting process and the defense of certain permits against challenges brought by environmental groups
- Performed multiple due diligence reviews for potential purchasers of various mine operations both for aggregate and mineral lands including but not limited to review of all environmental and regulatory permits, ESA issues, mineral title, fee land title, easements, rights-of-way, water rights and supply, air quality, water quality, royalty obligations and other issues relating to mining operations
- Negotiated and drafted mine acquisition agreements
- Negotiated and drafted joint venture and royalty interest agreements
- Assisting mine operators with mine permitting on private, state and federal lands
- Advising and defending mine operators regarding Mining Safety and Health Administration
- Defended challenges to validity of federal coal leases and permits against challenges brought by environmental groups
- Assisted various mine operators with negotiations to obtain state and federal right-of-ways for access to mining operations
- Negotiating and resolving 404 permit issues with Army Corps of Engineers for mineral properties
- Land Use and Permitting
We assist clients with the full range of permitting needs for federal, state, tribal or private lands, collaborating not only with the client team, but also with third party technical consultants as needed. When mining operations end, we assist with closure plans and compliance with various site remediation laws.
- Environmental and Safety Compliance and Defense
We understand your challenges complying with and defending against enforcement actions under local, state and federal environmental, water quality and safety laws. Our deep knowledge of the regulatory framework affecting the mining industry is a distinct advantages when our clients need to address and respond to compliance questions and enforcement actions. Regulators appreciate our broad background in assessing and resolving compliance issues.
- Real Estate and other Transaction Services
We assist with negotiating and drafting agreements for mining transactions, including mining leases, royalty agreements and joint ventures, as well as major asset acquisition, project financing and similar agreements. We offer our counsel for title review, permitting and specific details regarding mineral, surface access and water use rights.
Our litigation specialists resolve cases that range from small disputes to bet-the-company litigation. This experience includes litigation related to mineral royalty and lease disputes, trespass actions, protecting mineral and surface access rights from urban development, and challenging local, state and federal administrative agency actions.