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Mining & Metals

Transactions & Projects

  • 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

  • An AI-powered mineral exploration company in its preferred stock investments from Equinor Ventures, Breakthrough Energy Ventures and Andreessen Horowitz

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

  • Underwriters to Smart Sand, Inc. in its $148 million initial public offering of common stock

  • 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

  • Quintana Energy Partners in the $127 million combination of its portfolio company, Kopper Glo, a TN-based coal producer, with affiliates of Corsa Coal Corp., a Canadian publicly traded coal company, and the acquisition by Quintana of control of Corsa Coal Corp., parent company after the combination

  • A large international mining company in connection with the proposed development and financing of a multibillion dollar integrated iron ore and rail project in west Africa

  • 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

  • Black Stone Minerals, L.P., a mineral interest MLP, in its $428 million initial public offering of common units

  • Foresight Energy LP in its $350 million initial public offering of common units

  • FMSA Holdings Inc. in its $400 million initial public offering of common stock by a selling stockholder 

  • (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