Mining & Mineral Processing

Overview

Beveridge & Diamond, P.C. represents numerous clients in the mining and mineral processing industry, including coal, copper and gold companies. Our representation includes appellate litigation on behalf of the National Mining Association challenging EPA rulemakings under RCRA, due diligence involving current and historical mining and mineral processing operations, litigation over historic contamination under CERCLA and other authorities, counseling under the Resource Conservation and Recovery Act (RCRA) (including the so-called "Bevill Amendment"), the Clean Air Act and other environmental statutes, and representation on natural resources, development and land exchange issues.

Full Description

Beveridge & Diamond provides a wide array of environmental legal representation to companies and trade associations in the mining and mineral processing industry. Our representation includes litigation and due diligence, counseling under the Resource Conservation and Recovery Act ("RCRA"), the Clean Air Act and other environmental statutes, and advice on natural resources and development issues.

As part of our appellate litigation practice, we have represented the National Mining Association in numerous successful challenges to EPA rulemakings.  We represent industry clients in environmental enforcement cases and federal and state court litigation concerning historic mining and mineral processing properties across the country. We have also successfully litigated challenges before the Department of the Interior's Board of Land Appeals.

In conjunction with acquisitions and divestitures, we have advised purchasers and sellers of mining and mineral processing properties and companies in the hardrock and coal mining sectors of the environmental risks associated with historical mining and mineral processing operations. As part of this representation, we have counseled senior management and boards of directors regarding historical remediation and natural resource damage issues, and environmental management systems.

We have advised mining and mineral processing companies with regard to the full range of environmental statutes. For example, we have advised clients on RCRA definition of solid waste and recycling/reuse issues and the applicability of the Bevill Amendment, on Prevention of Significant Deterioration of Air Quality ("PSD") and New Source Performance Standards ("NSPS") issues under the Clean Air Act, and on various issues under the Clean Water Act and the National Environmental Policy Act ("NEPA").

In addition, we have represented industry clients with regard to natural resource damages issues under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). We represent clients with regard to a variety of issues associated with the development and approval of mine plans of operations, expansion of mining properties requiring federal approval, and the negotiation and defense of land exchanges involving public lands. Beveridge & Diamond also provides legal advice on a broad range of issues related to leasing, development and management of minerals on public lands including oil and gas, coal, other solid leasables, geothermal and hardrock mining under the Mining Law of 1872.

With the ever increasing globalization of the mining and mineral processing industry, we have expanded our representation of industry clients on international environmental issues. The representation has included advice on the transboundary movement of metal-bearing materials, new environmental requirements imposed by international lending institutions, and assistance with the remediation of historic contamination at properties outside of the United States.

Representative Matters
Representative Matters
  • We have represented the National Mining Association in numerous successful challenges to EPA RCRA rulemakings, most recently in Association of Battery Recyclers v. EPA , 208 F.3d 1047 (D.C. Cir. 2000), widely viewed as one of the most significant judicial opinions issued under RCRA .
View Site in Mobile | Classic
Share by: