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Natural Resources

Davis Graham & Stubbs LLP has a long history of involvement in natural resources law and has developed broad-based mining, oil and gas, and environmental law practices. We are regularly recognized as a premier natural resources firm in the region. As the country's energy focus expands to include hydraulically fractured natural gas, renewable energy, and nuclear industries, the Rocky Mountain West will continue to be a hotbed of energy production.

Attorneys at DGS are experienced in all types of matters involving natural resources, including brownfields, coalbed methane development, environmental law, mining, oil and gas, public lands, renewable and alternative energy, toxic tort litigation, uranium mining and development, and water law.

We offer clients extensive knowledge in transactions, permitting, public lands issues, health and safety concerns, regulatory compliance, legislation, litigation, and other aspects related to natural resources concerns.

Litigation

Davis Graham & Stubbs LLP has a long and successful history of natural resources litigation before administrative agencies and courts at all levels. We practice before the Interior Board of Land Appeals, state oil and gas commissions, and mining reclamation boards, and we handle natural resources cases before state and federal trial and appellate courts, including the highest state courts and the United States Supreme Court. Our experience in this area also includes arbitration of price renegotiations, royalty claims, class actions, and other matters arising under natural resource contracts. Our clients are predominantly companies and individuals involved in the development of natural resources, including oil and gas, precious metals, coal, uranium, industrial minerals, wind and solar, and water. Adverse parties often include government agencies, competitors in the clientโ€™s industry, royalty owners, vendors or contractors, neighboring landowners, and environmental groups.

Our lawyers handle cases involving a wide range of issues that can arise in natural resources development. They seek to protect our clientโ€™s ability to pursue their natural resource projects, obtain surface access, obtain or defend leases, challenge or defend agency actions, and quiet title. They handle disputes over the interpretation and performance of agreements, including joint operating agreements, leases, surface use agreements, supply contracts, and agreements with vendors and contractors. Disputes often include issues regarding the allocation of revenues and costs among participants in a project. Defending royalty claims, as well as claims by neighboring landowners for nuisance, trespass, and interference with wells (water or oil and gas), are an important part of the natural resources litigation practice. Many of our cases concern the interpretation and application of NEPA, FLPMA, the Mineral Leasing Act, the Federal Coal Leasing Amendments Act, the National Forest Management Act, MSHA, SMCRA, federal land grant statutes, the Endangered Species Act, as well as other statutes and regulations affecting the development of natural resources on public and/or private lands.

Clients benefit from our lawyersโ€™ in-depth knowledge of natural resource industries and the issues that concern those industries. In appropriate cases, our trial lawyer will team up with one of our business lawyers, who is a daily participant in the particular natural resource industry. Our lawyers are also active in industry trade associations as well as groups like The Foundation for Natural Resources and Energy Law that connect and inform outside and in-house lawyers.

Representative Experience

  • Working with oil, gas, and mining companies with due diligence, purchase and sale documents, mergers and acquisitions, title opinions, pricing contracts, royalty and severance tax issues, administrative proceedings, and financing arrangements.
  • Assisting clients in acquiring, operating, and defending mineral rights on public lands for oil and gas, coal, hard rock, and other mineral resources.
  • Handling a broad array of environmental compliance, permitting, and enforcement matters pertaining to air quality, water quality, solid and hazardous wastes, NEPA compliance, endangered species, indoor air/vapor intrusion, underground storage tanks, radioactive materials, spills, and remediation.
  • Counseling companies regarding brownfield, toxic tort, and legacy property liability, corrective actions, cost recovery, contribution, and other environmental issues.
  • Helping municipalities, water conservancy districts, governmental entities, private industry, ditch companies, and individuals develop, adjudicate, finance, protect, and operate under reliable water supplies.
  • Representing tribes, tribal associations, and companies doing business with tribes concerning rights-of-way, access and other surface use disputes, royalties, severance and other taxes, tribal regulation, cultural resources, permitting and Department of Interior approvals for agreements with tribes.
  • Handling OSHA investigations and proceedings throughout the U.S. involving a broad range of injuries, compliance issues, and fatalities in the mining, oil and gas, and other industries.
  • Representing clients in natural resource damages and toxic tort litigation actions involving personal injury, medical monitoring, and property damage claims.

Related Attorneys

Jonathon D. Bergman

Partner, Commercial Litigation, Securities Enforcement & Litigation, Construction & Real Estate Litigation, Class & Consolidated Actions, Midstream Services, Natural Resources

Andrea M. Bronson

Partner, Environmental, Water Law, Natural Resources, Environmental Law & Litigation, Wetlands & Water Quality, CERCLA & State Equivalent Programs

Mark Champoux

Partner, Commercial Litigation, Crisis Management, White Collar Defense & Investigations, Natural Resources, Securities Enforcement & Litigation, Products Liability, Toxic Tort Litigation, Construction & Real Estate Litigation, Privacy & Data Security

Adam S. Cohen

Partner, Environmental Law & Litigation, Natural Resources, Federal Oil & Gas Leasing, Toxic Tort Litigation, CERCLA & State Equivalent Programs, Environmental

Radcliffe Dann IV

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William J. Duffy

Senior of Counsel, Federal Oil & Gas Leasing, Environmental Law & Litigation, Water Law, Brownfields Redevelopment, Class & Consolidated Actions, Natural Resources, CERCLA & State Equivalent Programs, Environmental

Mave A. Gasaway

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Michael Golz

Associate, Environmental Law & Litigation, CERCLA & State Equivalent Programs, Wetlands & Water Quality, Water Law, Clean Energy & Sustainability, Natural Resources, Mining

James R. Henderson

Partner, Appellate, Arbitration, CERCLA & State Equivalent Programs, Class & Consolidated Actions, Commercial Litigation, Environmental Law & Litigation, Natural Resources, Oil & Gas, Toxic Tort Litigation, Trial

John R. Jacus

Partner, Air Quality & Regulatory Compliance, Clean Energy & Sustainability, Environmental Law & Litigation, Natural Resources, Federal Oil & Gas Leasing, Safety & Health, Brownfields Redevelopment, Tribal Lands & Resources, Midstream Services, Endangered Species, NEPA, CERCLA & State Equivalent Programs, Environmental

Kelsey Johnson

Associate, Real Estate, Clean Energy & Sustainability, Commercial Leasing, Mergers & Acquisitions, Corporate Governance, Natural Resources

Molly Kokesh

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Aditi Kulkarni-Knight

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Zach C. Miller

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R. Kirk Mueller

Partner, Commercial Litigation, Appellate, Natural Resources, Environmental Law & Litigation, Coal Mining Related Litigation, Toxic Tort Litigation, NEPA, CERCLA & State Equivalent Programs

David Neslin

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Jonathan W. Rauchway

Partner, Natural Resources, Environmental Law & Litigation, Oil & Gas Litigation, Commercial Litigation, Appellate

Laura J. Riese

Partner, Brownfields Redevelopment, CERCLA & State Equivalent Programs, Environmental Law & Litigation, Environmental Protection Agency & State Fuels Programs, Safety & Health

Nicole K. Rushovich

Associate, Environmental Law & Litigation, Natural Resources, Air Quality & Regulatory Compliance, Public Lands, Solid & Hazardous Waste, Environmental, Clean Energy & Sustainability, CERCLA & State Equivalent Programs

Lucas C. Satterlee

Senior Associate, Environmental Law & Litigation, Natural Resources, Federal Oil & Gas Leasing, Public Lands, Environmental

Kathleen C. Schroder

Partner, Federal Oil & Gas Leasing, Public Lands, Natural Resources, Environmental Law & Litigation, Endangered Species, NEPA, Clean Energy & Sustainability

Ben Strawn

Partner, Trial, Commercial Litigation, Real Estate, Natural Resources

Elizabeth (Betsy) H. Temkin

Partner, Environmental Law & Litigation, Brownfields Redevelopment, CERCLA & State Equivalent Programs, Environmental

Chad D. Williams

Partner, Commercial Litigation, White Collar Defense & Investigations, Class & Consolidated Actions, Arbitration, Securities Enforcement & Litigation, Crisis Management

James Witwer

Of Counsel, Water Law, Public Lands, Natural Resources, Wetlands & Water Quality, Environmental

Gail L. Wurtzler

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News & Events

DGS Ranks Among 2023 Best Law Firms

Davis Graham & Stubbs LLP was named among the 2023 U.S. News โ€“ Best Lawyersยฎ โ€œBest Law Firmsโ€ by publisher...

Cole Killion Joins DGS As an Associate

Davis Graham & Stubbs LLP is pleased to announce that Cole Killion has joined the firm as an associate. He...

DGS Ranks Among 2022ย Best Law Firms

Davis Graham & Stubbs LLP was named among the 2022 โ€œBest Law Firmsโ€ by publisher Woodward/White, Inc. in the latest...

U.S. Supreme Court Upholds Auer Agency Deference, with Some Limitations

On June 26, 2019, in a much-anticipated ruling, the U.S. Supreme Court refused to overturn the long-standing Auer deference standard...

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