The western United States is dotted with active, inactive, and abandoned mining sites that present a vexing array of environmental impacts regulated under a complex structure of federal, state, and local laws and regulations. Kaplan Kirsch attorneys are experienced in advising clients interested in buying, selling, and redeveloping these sites, and counseling on regulatory compliance and cleanup requirements under mine reclamation and environmental statutes and regulations.
Representative Experience
Litigation and Board Proceedings
Leviathan Mine Superfund Litigation
Represented California state agency defendants in complex environmental litigation over remediation of the Leviathan Mine Superfund Site, an inactive sulphur mine discharging acid mine drainage into surface waters. Prevailed on key motions and secured a settlement on the third day of a scheduled five-week jury trial. Also advised clients on two remedial investigations, feasibility studies, and National Contingency Plan (NCP) compliance. Atlantic Richfield v. State of California, et al., Case No. BC380474 (Super. Ct., L.A. County).
Quarry Reclamation Board Proceeding
Prevailed at a Colorado Mined Land Reclamation Board hearing defending amendments necessary to complete reclamation of a large former quarry site against a challenge by a neighboring property owner.
Acquisitions, Reclamation, and Permitting
Former Uranium Mine Acquisition and Reclamation
Represented the owner in due diligence and acquisition of a former uranium mine site in Golden, Colorado. Negotiated transfer terms for reclamation permits, bonding, and closure and cleanup orders and advised on ongoing reclamation and site disposition.
Former Gravel Quarry Acquisition and Reclamation
Represented the owner in due diligence and acquisition of a former gravel quarry in Cañon City, Colorado, including transfer of bonds and land use, mining, and Colorado Discharge Permit System permits. Also counseled the owner on completing reclamation and terminating the mining and discharge permits to enable long-term recreational use.
Reservoir Maintenance and Mine Permitting
Advised a reservoir operator on whether and to what extent reservoir maintenance activities would trigger mine permitting requirements in Colorado.
Cleanup Settlements
Eagle Mine Superfund Site Settlement
Represented a mountain town in negotiating property conveyance and environmental terms of a settlement agreement with a former developer—securing the town’s title to the principal portion of the Eagle Mine Superfund Site—along with associated agreements with the U.S. EPA and the state of Colorado.
Utah Municipality Mine Tailings Remediation
Represented a Utah municipality in negotiating a settlement agreement and consent order for engineering evaluation, cost analysis, and removal action related to discharges from drainage infrastructure built within historical mine tailings. Subsequently advised on agreement implementation, cleanup, and development matters associated with historical mining operations in and around the city.
Soil Remediation Program
Represented a former Colorado mining town in negotiations with the state regulatory agency and a private party to implement and fund an innovative town-wide soil remediation program addressing elevated lead levels under the state voluntary cleanup program.
Redevelopment and Financing
Contaminated Quarry Redevelopment Bond Financing
Represent the governmental entity issuing tax increment bonds for a 250-acre contaminated former quarry redevelopment near Washington, DC, advising on environmental risk management and disclosure matters.
Montana Superfund Mining Site Remediation
Assisted a potentially responsible party (PRP) in implementing a comprehensive package of zoning, development guidelines, and public amenities to support more cost-effective remediation of a large Montana Superfund mining site. Prepared extensive public comments and analyses of applicable or relevant and appropriate requirements (ARARs).