Mining & Metals

Lithium Americas in the financing, including the $2.26 billion conditional commitment from the DOE, for the Thacker Pass Construction Project, the next large scale lithium mine located in Nevada and the largest known measured and indicated resource in the United States

ioneer Ltd. in the formation of a 50/50 joint venture with Sibanye Stillwater to develop the flagship Rhyolite Ridge Lithium-Boron Project located in Nevada and related development and financing matters, including the negotiation and finalization with DOE of a $996 million commitment for the project financing of the processing facilities

Lithium Americas in its joint venture with General Motors, which will deliver $625 million of cash and letters of credit to advance the Thacker Pass Construction Project in Nevada

Lithium Americas Corp. in its $250 million strategic investment from Orion Resource Partners LP to fund the development and construction of Phase 1 of the Thacker Pass Project in Nevada

South32 in connection with a sale of a portion of the equity held by affiliates of South32 in Trilogy Metals to the United States Department of Defense (ongoing)

Atlas Energy Solutions Inc. in its $324 million initial public offering of Class A common stock

Ramaco Resources, Inc. in its $81 million initial public offering of common stock

Lithium Americas Corp. in its combined $600 million ATM programs

Natural Resource Partners in the $310 million acquisition, and related debt and equity financing, of interests in OCI Wyoming, a producer of soda ash, and operator of a trona ore mining operation and a soda ash refinery in Wyoming, from subsidiaries of Anadarko Petroleum Corporation

Mubadala Development Company in the $18 billion development and construction aspects of an aluminum smelter (EMAL Aluminium Smelter Project at Al Taweelah in Abu Dhabi); the world’s largest greenfield aluminum smelter

Underwriters to CNX Coal Resources LP in its $83 million initial public offering of common units

Alliance Resource Partners, L.P. in its combined $800 million offerings of senior notes and its $100 million preferred equity investment in Kodiak Gas Services, LLC

Representing a deep sea mining company in company acquisitions and general corporate and regulatory advice in relation to deep sea mining activities

Representing a deep sea mining company in applying for exploration licenses and commercial recovery permits from the National Oceanic and Atmospheric Administration for activities in areas beyond national jurisdiction

Counseled a diamond company regarding a whistleblower’s allegation of fraud and corruption

Successfully defended a precious metals company against the SEC and the Commodity Futures Trading Commission

(11th Cir.); (M.D. Fla.); (Bankr. M.D. Fla.); (D.D.C.) – Defended District Court litigation brought by two United Mine Workers of America funds that sought to recover Coal Act liabilities by reopening decades old bankruptcy case to argue that all Coal Act liabilities had previously been discharged; on appeal to Eleventh Circuit, obtained favorable ruling that all Coal Act liabilities had been discharged in prior bankruptcy

Defending a start-up mining company in citizen suit enforcement litigation brought under the Clean Water Act by a local tribal government claiming violations during the mine’s on-going pre-development phase and advising with respect to government agency environmental review and permitting

Represented a mining company in connection with the EPA’s proposed financial assurance rule for hardrock mining, submitting extensive comments touching on legal, technical, and economic issues, and successfully defended the EPA’s decision not to promulgate financial-responsibility regulations for the hardrock mining industry under CERCLA

Represented a steel service center in an antitrust case alleging violations of Section 1 of the Sherman Act

Obtained favorable settlement on behalf of Hi-Crush Partners, L.P., its directors, and certain of its affiliates in federal securities class action lawsuit alleging violations of Section 10(b) of the Securities Exchange Act and Section 11 of the Securities Act arising from initial public offering; obtained dismissal in related derivative litigation in Texas state court

(D.D.C.) – Representing several large shippers in the Rail Freight Fuel Surcharge Antitrust Litigation (No. II), an MDL alleging that major railroads conspired to adopt fuel surcharges

Favorably settled litigation with a county appraisal district over the value of a major generator’s coal-fired power plant

Representing a major international mining company in a class action case arising from a smelter, located near a small Oklahoma community, that operated for almost 60 years; involves allegations of soil and groundwater contamination and claims of nuisance, trespass, and strict liability; remedies sought include damages to real property and injunctive relief in the form of additional environmental cleanup

Represented a client in a mediation process with the United States that resulted in a settlement where the federal government agreed to accept a greater than 50% share of the costs to clean up historic mining sites in the Southwestern U.S in light of potential CERCLA claims that could have been asserted by the client

Represented a major industrial facility in developing a compliance strategy to address the requirements of EPA’s reginal haze regulations and the National Ambient Air Quality Standards for sulfur dioxide; this engagement involved commenting on proposed EPA regulations, advising the client regarding compliance and air modeling issues, and appellate litigation challenging certain regulatory actions

Advised a metal technology company in MSHA investigations into serious injuries related to an accident