Industries: Mining

McGuireWoods has a core group of partners who have dedicated and broad-based experience providing counsel to our clients throughout the base-metal and coal mining industries.

Though our members are seasoned mining lawyers, they have the advantage of being part of a firm with sophisticated experience in every aspect of business and industry. Consequently, we regularly draw on the valuable resources of the firm to ensure our counsel takes into account all areas of law that affect mining companies, and not just those that specifically apply to mining operations. Our experience includes long-term supply contracting, permitting, environmental compliance, surety and bonding, reclamation, labor relations, governmental regulation, royalties, contract compliance, force majeure declarations, reserve acquisition and sale, price redeterminations, merchant trading, securities, corporate matters and joint ventures, and tax and employee benefits.

Our environmental lawyers have dealt with a range of issues from clean air to contaminated site resolution and redevelopment. We counsel clients on current environmental requirements as well as help them anticipate the next phase of regulatory programs and issues.

Metals

In particular, the firm’s Brussels office has developed a reputation in French-speaking central and western Africa, where partners Hubert André-Dumont and Emmanuel de Cannart d'Hamale have been assisting clients, mainly metal mining companies, for more than 20 years. These clients are based throughout this region, including the countries of the Democratic Republic of Congo (mainly), Mauritania, Burundi, Ivory Coast, Burkina Faso and Mali. Their services primarily involve legal matters related to mining, corporate, real estate, project financing and related security, construction, environment, corporate social responsibility and labor, generally in conjunction with local counsel and foreign specialized counsel.

André-Dumont, based in Brussels, is an active member of the Mining Committee of the International Bar Association, and has published a number of articles on the mining law of the Democratic Republic of Congo.

Coal

We have experience working for producers, utilities and coal service providers as outside and in-house counsel, providing assistance that lawyers who concentrate on other industries do not fully understand. We have gone into mines to see why production goals cannot be met; stared down union organizers that work to increase costs beyond what revenues can pay; and unraveled complex title disputes to find enforceable lease grants, to name just a few examples of our experience.

We represent our clients before all applicable courts and regulatory agencies, including the Office of Surface Mining Reclamation and Enforcement, MSHA, the Department of Interior Office of Hearings and Appeals, and the U.S. district courts, involving matters related to accidents, illegal discharge, water, noise and dust pollution, reclamation standards, license and permit suspension and revocation, ownership and control permit blocking issues, designation of areas unsuitable for mining, injunctive relief and reclamation bond forfeitures.

We regularly negotiate Section 29 host site, feedstock and synfuel off-take, facility development and facility operation agreements, and methane gas development agreements.

Representative Matters

• Represents a Democratic Republic of Congo mining company, in cooperation with its main shareholder, one of the largest world copper and gold producer, a U.S. listed mining company, in the implementation of a US$ 1,750,000,000 mine construction and development, involving complex legal issues relating to corporate matters, contracts, real estate, mining, environment, labor, resettlement of villages, enforcement of corruption, etc.;
• Represented a Canadian listed mining company for the acquisition of a gold mine in Mauritania for a total of USD 278,000,000;
• Represented a Canadian-listed mining company, in the closing, in association with a major U.S. listed mining company, of a partnership agreement with a D.R. Congo state mining company, for the US $350,000,000 (first stage) development of the largest and highest-grade copper and cobalt deposit in the world, with mining rights on more than 1,500 km² in the Katanga; the matter involved complex issues of international contract law.
• Represented the world's largest and most diversified producer of high-performance nickel-based alloys, in consummating its plan of reorganization so that it emerged from bankruptcy. As part of the reorganization, this manufacturer ratified six new collective bargaining agreements. Also under the reorganization plan, the Pension Benefit Guaranty Corporation assumed the manufacturer’s three largest pension plans. Special Metals retained the two smallest pension plans.
• Represented a Switzerland-based publicly traded international mining and minerals company in connection with the acquisition of technology for the recycling of magnesium from scrap from Canadian interests.
• Represents publicly traded and independent coalbed methane and oil and gas producers in connection with the acquisition and disposition of oil and gas interests, joint development and exploration agreements, mineral conveyancing and regulatory matters.
• Provide complete mine development representation to several mid-sized U.S. coal producers on a regular basis, including siting, permitting, design, compliance and enforcement and reclamation matters.
• Provide regulatory representation to operating coal producers on a regular basis, including proceedings before the Office of Surface Mining Reclamation and Enforcement, MSHA, the Department of Interior Office of Hearings and Appeals, numerous state regulatory agencies, and various U.S. district courts. This involved matters related to accidents, illegal discharge, water, noise and dust pollution, reclamation standards, license and permit suspension and revocation, coal theft, ownership and control permit block issues, designation of areas unsuitable for mining, injunctive relief and reclamation bond forfeitures, coal lease and mineral title issues.
• Represent one of the largest publicly traded Eastern coal producers in the country in all major litigation, including coal supply, acquisition, transportation and general commercial disputes.
• Represented several major eastern coal producers in significant litigation matters, including disputes involving coal supply agreements, coal leases, best efforts mining requirements, free access to reserves, and alleged nuisance from mining activities.
• Represented several major U.S. coal producers in significant labor matters, including injunction and damage actions against the UMWA, unfair labor practice charges and employment discrimination suits.