Attorneys

Joel O. Benson
Partner
303.892.7470
Brian Boonstra
Partner
303.892.7348
Radcliffe Dann IV
Partner
303.892.7453
Janette L. Ferguson
Partner
303.892.7486
Roger L. Freeman
Partner
303.892.7414
Deborah J. Friedman
Partner
303.892.7499
Michael J. Gallagher
Partner
303.892.7355
Laura K. Granier
Partner
775.210.1998
Randall E. Hubbard
Partner
303.892.7468
John R. Jacus
Partner
303.892.7305
Tom McNamara
Partner
303.892.7349
Zach C. Miller
Partner
303.892.7391
R. Kirk Mueller
Partner
303.892.7456
Constance L. Rogers
Partner
303.892.7480
Michelle H. Shepston
Partner
303.892.7344
Shannon Wells Stevenson
Partner
303.892.7328
Andrea Wang
Partner
303.892.7423
Gail L. Wurtzler
Partner
303.892.7405
Dean C. Miller
Of Counsel
303.892.7389
Michael C. Eden
Associate
303.892.7255
Chelsea L. Huffman
Associate
303.892.7491

Mining

Davis Graham & Stubbs LLP has a long history of involvement in natural resources law and has developed a broad-based mining practice.  We advise clients on all legal and transactional aspects of the exploration, development, production, and marketing of base and precious metals, industrial minerals, and energy sources such as coal, uranium, and geothermal resources.  We have worked on projects throughout the U.S., Canada, Central and South America, the Pacific Rim, the Commonwealth of Independent States, Europe, and elsewhere around the world.  In the U.S., we have broad experience with both leasable and locatable minerals on federal public lands.  Our mining lawyers also have significant experience in mineral title examination. 

Our lawyers are well known for their work in major mining acquisitions, joint ventures, development projects, and divestitures.  Over the past several years the firm has worked on a number of significant mining transactions, including acquisitions of gold mines in Russia, the western U.S., and South America; the acquisition of coal mines; sales of major mining companies; and the financing of operations at gold and other metals mines in the U.S. and other countries.  By working closely with tax, corporate, creditors’ rights, environmental, and public lands lawyers, we are able to bring a breadth of experience to any project that allows for the completion of mining transactions most efficiently and creatively. 

The firm also has significant experience in mineral financing and taxation.  Our lawyers have handled many financing transactions, for both borrowers and lenders, not only involving traditional project financing but also using gold loans and other innovative commodity-based security arrangements to finance development of mining operations.  Our tax lawyers have substantial experience in the wide variety of U.S. and international tax issues that arise in structuring transactions involving the mineral extraction industries.  Our litigation lawyers have broad experience in mining issues, running the gamut from royalty disputes to construction contracts to the impact of bankruptcy on a mining transaction. 

In addition to our experience with mining transactions, financing and litigation, our lawyers have been actively involved in industry efforts to analyze and react to proposed legislative changes to the 1872 Mining Law, and administrative actions which have impacted the location, maintenance, and conduct of operations on unpatented mining claims and other federal lands. 

Acquisitions & Divestitures 

DGS attorneys have vast experience in transactions for the purchase and sale of mining properties, from greenfields exploration properties to operating mines.  Our lawyers also have extensive experience in the purchase and sale of mining companies, both private and public, including significant experience in the purchase and sale of public mining companies whose stock is traded both in Canada and in the U.S.  DGS lawyers regularly draft, review, and negotiate other contracts related to the acquisition and disposition of mineral properties, including mining leases, joint venture and operating agreements, option agreements, exploration and development agreements, and mine operating contracts.  We have worked with several clients in developing standardized forms of some of these agreements.

Mineral Financing

The firm has a very active mineral finance practice.  DGS attorneys represent both lenders and borrowers in traditional and non-traditional financing for mineral projects around the world, including projects in North, Central, and South America, Africa, Europe, Asia, and Australia.  Our attorneys represent banks and mining companies involved in non-recourse project financing as well as institutional lenders, venture capital funds, and corporations in non-traditional financings which often involve gold loans, convertible loans, equity investments, warrants, royalties, and other more participatory involvement on the part of the lender.  Our finance lawyers also have extensive experience in the work-out of troubled loans on mineral projects.

Litigation

DGS litigators have been involved in a broad range of litigation involving mining companies and mining properties.  The experience that our transactional lawyers have with the mining industry enables our litigators to gain a comprehensive understanding of the issues that are involved in mining disputes.  Our transactional mining lawyers have worked closely with our litigators on disputes covering such diverse topics as the calculation and payment of production royalties, quiet title actions, the validity of unpatented mining claims, bankruptcy, the interpretation of mining contracts, and environmental liabilities.

Federal Lands

In much of the Western U.S., the conduct of exploration, development, and mining activities takes place on federal public lands.  The ability to serve mining clients depends upon an understanding of, and experience with, the vast array of federal laws that pertain to such activities, and in particular, the General Mining Law and the Mineral Leasing Act.  Our mining attorneys have a great deal of experience in working with mining companies on the title and operational issues that arise from those statutes.

DGS attorneys have vast experience in transactions for the purchase and sale of mining properties, from greenfields exploration properties to operating mines.  Our lawyers also have extensive experience in the purchase and sale of mining companies, both private and public, including significant experience in the purchase and sale of public mining companies whose stock is traded both in Canada and in the U.S.  DGS lawyers regularly draft, review, and negotiate other contracts related to the acquisition and disposition of mineral properties, including mining leases, joint venture and operating agreements, option agreements, exploration and development agreements, and mine operating contracts.  We have worked with several clients in developing standardized forms of some of these agreements.

October 2014

Laura Granier Joins DGS

Laura Granier has joined Davis Graham & Stubbs LLP as a partner in the firm’s Natural Resources Department. Ms. Granier will be based out of Reno, where she will lead the firm’s new Nevada office. Her practice will focus on mining issues in that state as well as complex commercial litigation, regulatory work, and government affairs.

March 2014

The Rio Tinto Mine Site, Elko County, Nevada: A Cercla Case Study

Superfund and Natural Resource Damages Litigation Committee Newsletter

Co-Authors: Adam S. Cohen and Elizabeth H. Temkin

Sites remediated under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601–9675 (CERCLA) present multiple challenges for government agencies and responsible parties. Parties grapple with complicated technical issues, lengthy cleanups, disputes over liability and allocation, competing regulatory agendas, and excessive and uncertain costs. Successful projects often are ones that address these issues using an innovative approach.

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July 2013

Court Strikes SEC Rule Requiring Disclosure by Resource Companies of Payments to Governments

On July 2, 2013, the U.S. District Court for the District of Columbia vacated the rule adopted by the Securities and Exchange Commission implementing the statutory provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act mandating disclosure by oil and gas and mining companies of payments to certain governments. The regulation required disclosure on a new Form SD for fiscal years ending after September 30, 2013. The matter was remanded back to the SEC to draft a new rule more consistent with the statutory intent.

October 2012

SME Files Petition for Rulemaking

On October 1, 2012, the Society for Mining, Metallurgy and Exploration (SME), with the assistance of DGS partner Michelle Shepston, filed a Petition for Rulemaking with the U.S. Securities and Exchange Commission to amend Industry Guide 7. Industry Guide 7 contains the SEC’s basic disclosure policy for mining companies. 

August 2012

45 DGS Attorneys Named Best Lawyers®

Forty-five DGS attorneys were named Best Lawyers® by publisher Woodward/White, Inc. in its annual guide recognizing legal excellence.

February 2012

Global Mining Legal and Regulatory Update

Society of Mining, Metallurgy & Exploration Annual Meeting

DGS Attorneys to Speak at SME Annual Meeting

2012 Society for Mining, Metallurgy & Exploration (SME) Annual Meeting

Davis Graham & Stubbs LLP attorneys Scot W. Anderson, Randall E. Hubbard, and Elizabeth Titus will be speaking at 2012 Society for Mining, Metallurgy & Exploration (SME) Annual Meeting. The event, being held February 19-22, 2012, will feature technical presentations on the new horizons and challenges facing the minerals industry.

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October 2010

Understanding Debt Financing for Mining Companies: Sources of Financing and Fundamental Terms

Rocky Mountain Mineral Law Foundation's Mining Law Short-Course

September 2010

First 'Best Law Firms' Analysis Slots DGS as a National Leader

The inaugural, 2010 edition of the U.S. News - Best Lawyers® “Best Law Firms” Guide ranks Davis Graham & Stubbs LLP as a national leader in mining law and mutual funds law – and honors the LoDo-based firm with first-tier regional rankings in energy, natural resources, commercial litigation and several corporate law areas, including tax, securities, private equity and M&A. U.S. News & World Report published the results yesterday. The survey included responses from 9,514 corporate executives, in-house lawyers, marketing officers or private practice attorneys.

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August 2010

Davis Graham & Stubbs Attorneys Top “Best Lawyers” List in Colorado

The newly announced, 2011 edition of the Best Lawyers in America ranks Davis Graham & Stubbs LLP first in Colorado-based law practices for corporate governance and compliance law, environmental law, mergers and acquisitions law, natural resources law, oil and gas law and securities law. This year Best Lawyers recognizes 36 DGS attorneys, including 13 who have been named to the list for at least 10 years. Nearly half (46 percent) of DGS partners are recognized in the definitive guide to legal excellence, in addition to several attorneys of counsel to the firm. Best Lawyers is a peer-review survey of more than 39,000 in-house counsels and private practice attorneys.

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July 2010

Sweeping OSHA Reform in the Miner Safety and Health Act of 2010

Co-authors: Laura Riese and Denee DiLuigi

There is no question that coal mine safety has captured the attention of the U.S. Congress. With the scrutiny arising from the recent fatalities in the mining industry, Congress is likely to act swiftly on the major mine safety reforms in the newly christened "Robert C. Byrd Miner Safety and Health Act" (H.R. 5663).

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July 2009

New Financial Assurances for Hardrock Mining

On July 13, 2009, the Environmental Protection Agency (“EPA”) provided notice that the hardrock mining industry will be its top priority for developing financial responsibility requirements for facilities that produce, transport, treat, store, or dispose of hazardous substances.

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Obama nominates MSHA and OSM Heads

On July 6, 2009, President Obama nominated officials to lead the United States Mine Safety and Health Administration (“MSHA”) and the Office of Surface Mine Reclamation and Enforcement (“OSM”).

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April 2009

Weathering the Storm: Why US Industrial Minerals Mining Operators Should Review Their Stormwater Management Practices and Existing Permits In Response to New Requirements from the EPA.

Industrial Minerals

Co-authors: Bob Micsak and Ben Kass

On 29 SEPTEMBER 2008, the US Environmental Protection Agency (EPA) issued a new Multi-Sector General Permit (MSGP 2008) regulating stormwater discharges from industrial sources. In a change from its previous Multi-Sector General Permit issued in 2000 (MSGP 2000), the MSGP 2008 imposes additional requirements for specific industrial activities, including certain industrial minerals mining operations.

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Understanding Debt Financing for Mining Companies: Sources of Financing and Fundamental Terms

Rocky Mountain Mineral Law Foundation's International Mining and Oil & Gas Law, Development and Investment

March 2008

Understanding Debt Financing for Mining Companies: Sources of Financing and Fundamental Terms

Rocky Mountain Mineral Law Foundation's Oil and Gas Agreements: Joint Operations

September 2006

Davis Graham & Stubbs Handles $225 Million Strategic Alliance for Apex Silver Mines

Davis Graham & Stubbs LLP has advised Apex Silver Mines Limited (AMEX: SIL), a mining exploration and development company, in a $225 million strategic alliance with Sumitomo Corporation, a diversified international company whose business operations include major interests in mining. Under the agreement, Sumitomo acquired a 35% participating interest in Apex Silver’s San Cristobal open-pit silver-zinc-lead project located in southwestern Bolivia and an option to earn a 35% share of additional Apex Silver exploration projects in Peru, Mexico, Argentina and Bolivia.

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June 2006

Two More Davis Graham & Stubbs Attorneys Selected for International Who's Who Guides

Davis Graham & Stubbs lawyers Deborah Friedman and Tom McNamara were recently recognized by Who’s Who Legal as among the leading lawyers worldwide in their respective fields. Ms. Friedman was named in The International Who’s Who of Mining Lawyers 2006, and Mr. McNamara was selected for The International Who’s Who of Commercial Litigators 2006.

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