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Case Study: Federal Lands and Leasing
DGS represents coal companies in all stages of developing coal deposits, from obtaining federal and tribal coal leases, to all manner of operational issues, to final reclamation under the Surface Mine Control Reclamation Act (SMCRA). In the initial leasing stage we work with companies to obtain leases through the lease-by-application process, challenges to NEPA documents prepared in association with offering lands for lease, and bonding. Some of the more common coal related operational issues we assist clients with include advance royalties, diligent development, continued operations, resource recovery and protection plans (R2P2), logical mining units (LMUs), claims of bypassed coal, conflicts between coal and oil and gas lessees, lease readjustments, and royalties, including royalty rate reduction requests. For acquisition and sales of existing mines we conduct due diligence reviews and otherwise advise clients regarding the targeted companies’ compliance with all legal requirements. Some of the coal-related matters we have recently worked on include seeking a royalty rate reduction for Colowyo Coal Company; advising Kennecott Corporation regarding an access dispute; obtaining a bond release for Peabody Coal following successful reclamation; litigating disputes between coal and oil and gas lessees on behalf of Kennecott and Peabody, and litigating mine plan and other requirements established under long-term coal supply contracts.
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Related Expertise
Antitrust, Marketing & Distribution Banking & Lending Coalbed Methane Development Energy Industry Environmental Law Finance Mergers & Acquisitions Mining Public Lands Water Law
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Acquisition and Divestiture Permitting/SMCRA Coal Sales Arrangements Federal Lands and Leasing Royalties Synfuel Long-Term Coal Contracts Litigation/Administrative Appeals State Water Quality Standards Coal and Hard Rock Mining
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