The McGuireWoods Coal Team provides legal services to the firm’s large and growing group of coal industry clients around the globe. For decades, we have represented some of the largest coal consumers, producers and transporters in the United States. Team members are drawn from across the firm, all of whom devote a substantial part of their practice to coal industry clients. We have provided assistance to our coal industry clients in Europe, Africa, Asia, South America and the United States.

Our lawyers are adept at addressing the unique issues faced by the coal industry — long-term supply contracting; transportation arrangements; contract compliance; force majeure declarations; price redeterminations; environmental compliance; labor relations; governmental regulation; surety and bonding; reclamation; royalties; permitting; reserve acquisition and sale; and merchant trading. We are equally adept at addressing the issues companies in the coal industry have in common with many other businesses, such as corporate governance, securities, debt arrangements, joint ventures, mergers and acquisitions, executive compensation plans, labor relations, creditor rights, corporate compliance, ERISA, among others.

Team members have the benefit of working with a variety of players in the industry, including producers, utilities, rail and barge lines, and coal service providers. In addition, they have served as outside and in-house counsel to utilities, railroads and coal companies, providing a perspective that lawyers who concentrate on other industries cannot.

Experience

  • REPRESENTATIVE MATTER

    Secured Fourth Circuit win for one of the largest producers and transporters of energy in the U.S.

    Virginia Elec. & Power Co. v. Bransen Energy, Inc., 850 F.3d 645 (4th Cir. 2017). The Fourth Circuit granted McGuireWoods a complete appellate victory—affirming a combined judgment amount of approximately $23 million—in a contract dispute that involved a complex set of interrelated coal supply and services agreements related Dominion's order of 600,000 tons of a specific coal product, which the seller fulfilled with different products that were unusable for Dominion's intended purpose.

  • REPRESENTATIVE MATTER

    Representing Debtor-in-Possession and First-Lien Lenders in Connection with Coal Mining Firm Bankruptcy

    Represent debtor-in-possession and first-lien lenders in connection with over $250 million of credit extended to a coal mining firm that filed for chapter 11 in May 2015.  Coal mining firm operated in several states with over $500 million in assets and faced many complex environmental and other legal issues.

  • REPRESENTATIVE MATTER

    Representation of a large American energy company

    Representation of a large American energy company in a putative class action filed by lawyers representing a proposed class of 1,500 residents.  The complaint asserted claims for nuisance, trespass, and negligence based on emissions from an electric power generation facility notwithstanding our client’s compliance with its Clean Air Act permit.  We initially won a motion to dismiss all claims, and after that was reversed on appeal we briefed and won a motion to strike the class allegations.  Ultimately, the plaintiffs withdrew their claims and the client paid nothing, in what amounted to a complete victory.

Team Leaders

Full Team
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