Practice Leader: John W. Carroll
Pepper Hamilton LLP’s natural resources attorneys represent clients in a wide range of legal issues related to mineral development, water use issues, Marcellus Shale, and oil and gas investments. From negotiating oil and gas leases to litigating off-site impacts of mining operations, Pepper’s team of lawyers, with technical backgrounds in geology, engineering and environmental science, have represented both operating companies and mineral lessors. In conjunction with Pepper’s Commercial Department, our natural resources attorneys have handled complex transactions involving the purchase and sale of mineral assets and active mining operations.
Representative litigation engagements include:
- defending mining permits from citizen suit challenges
- defending enforcement actions involving regulation of mining activities under SMCRA
- defending acid mine discharge claims
- defending de-watering claims resulting from quarry operations
- arbitrating terms and conditions of gas storage leases
- defending pipeline operators in litigation involving property damage and personal injury claims
- defending an oil company in consumer fraud class actions in state courts in Pennsylvania and New Jersey regarding the allegedly false advertising of its gasoline to consumers that resulted in denial of class certification and a landmark decision by the Pennsylvania Supreme Court under the Pennsylvania Unfair Trade Practices and Consumer Protection Law
- representing major oil companies in bankruptcy proceedings throughout the United States
- defending claims on multiple commercial and retail sites for differential structural settlements allegedly caused by expanding coal ash fill
- defending and prosecuting claims on behalf of a major oil refining company arising out of environmental remediation project
- representing clients in litigation and allocation negotiations concerning remediation of former oil and gas fields
- defending an oil refiner in toxic tort personal injury claims arising out of alleged chemical releases at refineries and in separate actions under state storage tank laws and the Oil Pollution Act of 1990.
Representative regulatory matter engagements include:
- advising clients on permitting and regulatory matters under state and federal mining laws, such as SMCRA, MSHA and state counterparts
- assisting an interstate pipeline in negotiating remediation of natural gas compressor stations contaminated with PCB’s
- advising a client on Superfund liability related to former gold mining operations
- advising a client on rehabilitation of a coal processing facility which required coordination of reclamation permits under mine laws with cleanup of the site under Pennsylvania’s voluntary land recycling law
- advising a client on sealing abandoned underground mines through use of coal combustion products and sewage sludge.
Representative engagements involving commercial transactions and advice include:
- advising clients on the organization of oil and gas drilling programs and assisting clients in other aspects of oil and gas production
- negotiating gas well pooling agreements
- representing selling shareholders in a public offering of depositary shares representing preferred stock of an oil company
- advising clients on siting, permitting, and structuring finance and tax arrangements for alternative fuel production facilities and landfill methane gas recovery facilities
- oversight and management of intellectual property requirements of international petroleum and oil producer and retailer
- representing an Alaska city in a dispute with a Native corporation concerning land entitlements under the Alaska Native Claims Settlement Act
- representing a major steel company in divestiture of mining assets, including limestone quarries and anthracite coal mines
- representing a debtor-in-possession in bankruptcy sales of assets of oil distribution and terminal company
- advising in the recapitalization of an oil and gas company, including establishment of working capital financing and restructuring of common stock, preferred stock, senior debentures and warrants
- representing a non-coal mining company in acquisition of quarries and mineral processing facilities (including acquisitions through tax-free exchange)
- representing a leading company in the mining industry in the strategic acquisition of businesses across the United States.