Davis Graham & Stubbs LLP represents companies in all aspects of the coal industry. Our coal lawyers include litigators, regulatory advisers, and transactional attorneys.
Coal Industry Transactions
- Acquisitions and divestitures of operating coal properties and companies, including acquiring distressed assets and liquidating coal companies through bankruptcy proceedings
- Due diligence, negotiating and drafting purchase and sale documents
- Negotiating and documenting financing arrangements
- Long-term coal-supply agreements, including cost-plus, indexed, and market-based pricing contracts
Coal Mining Related Litigation
- Commercial disputes
- Coal-supply agreement litigation
- Royalty and severance tax issues
- Antitrust counseling and representation
DGS coal attorneys have represented coal companies in administrative proceedings before state and federal agencies, including defending companies in administrative enforcement actions and assisting companies in the permitting process. We represent coal companies in proceedings before the Interior Board of Land Appeals, Federal Mine Safety & Health Review Commission, Office of Surface Mining Reclamation and Enforcement, Bureau of Indian Affairs, Bureau of Land Management (BLM), and Minerals Management Service.
DGS also advises coal clients on the full range of environmental issues affecting the coal industry, including those arising under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Surface Mining Control and Reclamation Act, and Toxic Substances Control Act. We have also played an important role in developing deal structures for cutting-edge technologies related to the coal industry, including synfuels, clean coal technology, and power generation projects related to coal development.
Western Coal Transactions: Special Requirements
While coal transactions are similar to other commercial dealings in relation to asset transfer, risk allocation, price determination, etc., there are other issues peculiar to coal transactions – particularly in the West. Coal property purchases or sales – which often involve federal leases – present other complexities, including issues with lease transfer and ownership limitations, developing the Mine Plan, bonding, and regulatory compliance under the full suite of environmental laws, plus SMCRA, MSHA, MMS, and BLM regulations.
