The coal mining industry continues to be a vibrant, sophisticated industry in the United States and abroad. Attorneys across several Baker Donelson practice groups provide clients with a broad array of counsel, on issues including environmental, real estate, construction, sales and acquisition, complex transactional and tax issues. Our services include updating standard Master Coal Purchase and Sales Agreements; advising and defending on safety and health issues; lease/purchase and sale agreements for commercial properties; option agreements; development agreements; annexation and zoning issues; brokerage and agency agreements; litigation and project financing.
Baker Donelson is an active member of the American Coal Council.
Additional areas of experience include:
- Negotiating the sale of coal mines and coal reserves;
- Negotiating and drafting long- and short-term coal supply contracts with utilities, other coal producers and industrial coal users;
- Defending blasting, subsidence and contamination claims;
- Sales and acquisitions of construction aggregates, businesses and mines;
- Drafting and negotiating mining and raw materials agreements, contract mining agreements, rail agreements, and domestic and foreign sales agreements; and
- Navigating reclamation issues.
Our lawyers often rely on their colleagues' or their own experience in the coal and mining industry and related industries including the Environmental Protection Agency, Department of Justice, Federal Bureau of Investigation, engineering, state law enforcement and environmental consulting.
Representative Matters
- Defended air and other permits for the construction of a nominal 1200 MW coal-fired power plant against a challenge by local and national environmental groups.
- Assisted a Fortune 500 energy company in performing environmental due diligence in connection with a proposed $1 billion acquisition of coal-fired power generation facilities.
- Development of coal bed methane and lignite reserves in North Louisiana.
- Successfully represented surface mining company when MSHA vacated and reduced many safety standard citations and orders.
- Defended a mining company in Arkansas District Court against allegations of dioxin contamination, resulting in a commercially reasonable settlement.
- Represented an electric utility in property tax assessment involving the value of coal fired generating facility.
- Represented surface mining company in federal criminal investigation and prosecution of alleged violations of Clean Water Act by unpermitted discharges during pit dewatering. Successfully resolved via favorable plea agreement.
- Secured defense verdict following two-week state court trial for a quarry operator in jury trial alleging nuisance from dust, noise, and truck traffic related to limestone production.
- Represented crushed stone company in suit alleging breach of output contract for stone from zinc mines. Secured favorable multi-million dollar settlement shortly before trial.
- Retained by a global engineering/construction company and its power/energy subsidiary to assist with a risk and condition assessment of a $241 million project involving the design and supply of boiler islands for a coal fired thermal power plant located in Tanjung Jati B, Indonesia.
- Lead outside counsel for negotiation and drafting of Share Purchase Agreement, Coal Supply Agreement and related documents for +/- $1 billion (USD) project in Turkey.
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