Critical Minerals

Our professionals have assisted clients in the following selected representative matters:

Cross-Border M&A and Corporate

Representing a client operating a mining project that is seeking to mine minerals to be used in batteries for electric vehicles. We are assisting the client in entering into agreements with various entities, including national research laboratories.
Conducted corporate governance work for a top‑10 international mining company, providing strategic advice on the U.S. government’s policy positions concerning critical minerals.
Represented a leading U.S. manufacturer of mission-critical engineered fasteners, fittings and precision components made from titanium, zirconium and other specialty metals.
Represented Lindsay Goldberg (LGLLC) in connection with its investment in Bedrock Industries, a privately funded holding company focused on investments in the minerals and mining sectors.
Assisted numerous clients in the acquisition and sale of interests and access rights in minerals and other subsurface interests.
Represented the developer of a critical minerals extraction and geothermal project in its multibillion-dollar capital raise and critical mineral offtake agreements (which each have a contract value in the hundreds of millions of dollars).
Represented a national coal and energy company in the financing and subsequent refinancing of its business and related mining interests.
Represented a wide range of energy companies in the acquisition, disposition and financing of oil and natural gas assets; coal assets, including leases; wells; and other drilling and mining interests.
Represented a sponsor group in connection with a $1.3 billion ground-up steel mill project in Arkansas. Assisted in securing loans and grant support for project funding and developing long-term financing strategies based on the project’s projected success. The transaction was named IJ Global’s 2014 North American Metals & Mining Deal of the Year. We later assisted in refinancing the project debt with a combination of public notes and Term Loan B debt.
Represented a manufacturer of aggregate and mining equipment in its sale to a multinational engineering company.
Advised mining companies in IPOs in New York and Australia.
Advised a large mining company on corporate and transactional aspects of the development of its project in the north of Argentina, including permitting plans and presentations before mining and environmental authorities.
Advised mining companies in the management of trusts and in the development of large infrastructure projects in Argentina.

Regulatory Advice and Cross-Border Compliance

Providing international trade advice in regard to importing phosphate into the U.S. for a large Middle Eastern mining company. The company wants to ensure its production is in compliance with U.S. trade remedy laws and has engaged us in a counseling role for that purpose.
Advanced the winning argument on behalf of IPAA that U.S. Minerals Management Service had failed to follow its own rules in valuing sales of natural gas to an affiliate. Fina Oil & Chem. Co. v. Norton, 332 F.3d 672 (D.C. Cir. 2003).
Obtained the only ruling holding that U.S. Minerals Management Service violated the Due Process Clause of the Fifth Amendment. Amoco Prod. Co. v. Fry, 118 F.3d 812 (D.C. Cir. 1997).
Representing a Canadian company engaged in the exploration and development of high-quality uranium assets based in Australia and the U.S. in environmental investigations and responses to the U.S. government.
Representing a mining company in ongoing challenges to conditions contained in Section 401 Water Quality Certifications issued by the Ohio Environmental Protection Agency.
Assisting companies in various industries in securing permits from regulatory authorities under the Clean Air Act, Clean Water Act, Safe Drinking Water Act and Surface Mining Reclamation Act.
Assisted a manufacturer of mining equipment in obtaining export licenses and approvals.

Litigation and Dispute Resolution

Represented a global industrial minerals supplier in a lawsuit against a former executive involving claims under state and federal trade secret laws. Assisted in the internal investigation and the preparation and filing of a complaint seeking emergency injunctive relief.
Represented a U.S. company in a Spanish-language arbitration at the Lima Chamber of Commerce against Peru’s Ministry of Mines.
Represented a non-U.S. energy company in litigation over access to split estate minerals in the Niobrara Shale.
Represented a mining company in a NAFTA Chapter 11 arbitration against the Government of Canada seeking compensation related to the phase-out of coal-fired electricity emissions.
Representing a chemicals manufacturer as plaintiff in a lawsuit filed in the U.S. District Court for the Eastern District of Virginia for monopolization and attempted monopolization under Section 2 of the Sherman Antitrust Act. The client is a large lithium producer, making it a key link in the supply chain for electric vehicle batteries.
Successfully petitioned for en banc review to the Tenth Circuit Court of Appeals resulting in the published opinion of Hydro Resources, Inc. v. U.S. E.P.A., 608 F.3d 1131 (10th Cir. 2010) in a case involving uranium mining, EPA permits and Indian Country in New Mexico.
Advised mining companies in the strategy and litigation proceedings related to provincial border disputes in Argentina, export duties and mining tenements claims.
Represented a Canadian investor in a claim arising out of Venezuela’s expropriation of a mining project, yielding a $1.2 billion award.
Represented Guatemala in an ICSID arbitration under the DR-CAFTA arising out of the suspension of a license to develop and operate a mining project involving Indigenous rights.
Represented Pakistan in an ICSID annulment proceeding in an $8.5 billion dispute brought by an Australian investor arising out of a mining project.
Represented Venezuela in a lawsuit brought before U.S. courts over alleged expropriation of mining concessions in Venezuela and in appeal of a judgment in favor of Venezuela on grounds of sovereign immunity.
Represented Venezuela in an ICSID arbitration brought under the Venezuela-Dutch bilateral investment treaty regarding the alleged expropriation of gold and diamond mining concessions in Venezuela, securing a victory for Venezuela.
Represented Venezuela in an ICSID (Additional Facility) arbitration brought by a Canadian mining company seeking $1 billion in damages for the cancellation of a gold mining contract, securing a judgment in Venezuela’s favor.
Represented Venezuela in an ICSID (Additional Facility) proceeding brought by a major United Kingdom-based mining company under a bilateral investment treaty in connection with a nickel mining concession, securing a victory for Venezuela.
Represented Venezuela in a $3.03 billion claim against a Canadian gold mining company in an ICSID (Additional Facility) arbitration concerning the alleged nationalization of the company’s gold assets, which resulted in an award that reduced damages significantly. Successfully represented Venezuela in subsequent proceedings to vacate the arbitral award before the tribunals in Paris, France, obtaining the annulment of the award.
Represented Venezuela in an ICSID proceeding brought by a Canadian company under the Canada-Venezuela bilateral investment treaty in connection with a mining operations contract, which resulted in an award that reduced damages to one-third the amount originally claimed. Represented Venezuela in subsequent proceedings to vacate the arbitral award before the U.S. District Court for the District of Columbia.
Represented Venezuela in an ICSID arbitration brought by a Canadian gold mining company over Venezuela’s denial and cancellation of gold concessions and the revocation of related environmental permits, which resulted in an award that reduced damages significantly.