Mining & Metals

The development of critical minerals to supply the country’s technology sector and secure its national defense is more important now than ever. Given the capital investment and controversy often attendant to mining development, delays in acquiring necessary permits, or lengthy litigation, can dramatically affect our nation’s ability to meet these challenges.

We represent mining companies across the West, including phosphate, cobalt, copper, tungsten, molybdenum, gold, lead, zinc, and silver mines. Our lawyers have worked on mining acquisitions, joint ventures, exploration and development projects, and divestitures. 

Most exploration, development, and mining activities in the Western U.S. take place on state and federal public lands. The ability to serve mining clients requires a comprehensive understanding of, and experience with, the General Mining Law and the Mineral Leasing Act. It also requires experience with governmental regulation of public land use and permits under NEPA, the ESA, NFMA, FLPMA, the Clean Water Act, CERCLA and RCRA. The firm has extensive experience with all these regulatory statutes. 

Marten’s mining and natural resources attorneys manage and mitigate these risks through engagement with federal and state natural resource agencies, tribal outreach, litigation, and rulemaking. We also assist our clients with upstream issues such as obtaining and managing the rights to mine on federal lands, environmental permitting, royalty obligations, and downstream matters such as air, water, and waste from processing and smelting operations, as well as site remediation negotiations, cross-sector challenges, competition from renewables, and others.