Natural Resources & Environmental Litigation

Davis Graham & Stubbs LLP 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 and natural resources contention.

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.

Some highlights from our natural resources practice includes:

  • 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.

Litigation

Davis Graham & Stubbs LLP has a long and successful history of natural resources litigation before administrative agencies and courts of all levels. We practice before the Interior Board of Land Appeals and state oil and gas commissions or mining reclamation boards, and we handle natural resources cases before state and federal trial and appellate courts, including the United States Supreme Court. Our experience in this area also includes arbitration of price renegotiations, royalty claims, and other matters arising under natural resource contracts. Our clients are predominantly companies and individuals involved in 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, others in the client’s industry, production purchasers, royalty owners, vendors or contractors, neighboring landowners, or environmental groups.

Our lawyers handle cases involving every issue that can arise in natural resources development. They seek to protect the client’s ability to pursue its natural resource project in litigation to obtain surface access, obtain or defend leases, permits or other agency actions, and quiet title. They handle disputes over 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 allocation of revenues and costs among participants in a project. Defending royalty claims as well as claims by neighbors for nuisance, trespass, and interference with wells (water, or oil and gas) are an important part of the natural resources litigation practice. Tax assessments have been the focus of some of our recent cases. Many of our cases concern 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 development of natural resources on public and/or private lands.

Clients benefit from our lawyers’ in-depth knowledge of natural resource industries and the issues that concern those industries. In appropriate cases, our trial lawyer will team 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 Rocky Mountain Mineral Law Foundation that connect and inform outside and in-house lawyers.

Related Attorneys

Jonathon D. Bergman

Partner, Commercial Litigation, Securities Enforcement & Litigation, Construction & Real Estate Litigation, Class & Consolidated Actions, Midstream Services, Natural Resources & Environmental Litigation
303.892.7421

Adam S. Cohen

Partner, Environmental Law & Litigation, Natural Resources & Environmental Litigation, Upstream Oil & Gas, Toxic Tort Litigation, CERCLA & State Equivalent Programs
303.892.7321

Radcliffe Dann IV

Partner, Environmental Law & Litigation, Air Quality & Regulatory Compliance, Renewable & Alternative Energy, Upstream Oil & Gas, Commercial Litigation, Midstream Services, Safety & Health, Water Law, Wetlands & Water Quality, CERCLA & State Equivalent Programs
303.892.7453

William J. Duffy

Partner, Upstream Oil & Gas, Environmental Law & Litigation, Water Law, Brownfields Redevelopment, Class & Consolidated Actions, Natural Resources & Environmental Litigation, CERCLA & State Equivalent Programs
303.892.7372

Michael J. Gallagher

Partner, Coal, Environmental Law & Litigation, Commercial Litigation, Products Liability, Midstream Services, Natural Resources & Environmental Litigation, White Collar Crime & Criminal Investigations
303.892.7355

David C. Holman

Partner, Commercial Litigation, Natural Resources & Environmental Litigation, White Collar Crime & Criminal Investigations, Products Liability
303.892.7457

John R. Jacus

Partner, Air Quality & Regulatory Compliance, Renewable & Alternative Energy, Environmental Law & Litigation, Natural Resources & Environmental Litigation, Upstream Oil & Gas, Safety & Health, Brownfields Redevelopment, Tribal Lands, Midstream Services, Wildlife & Endangered Species, NEPA, CERCLA & State Equivalent Programs
303.892.7305

Zach C. Miller

Partner, Environmental Law & Litigation, Water Law, Natural Resources & Environmental Litigation, Upstream Oil & Gas, Tribal Lands, Wildlife & Endangered Species, NEPA, Public Lands Law
303.892.7391

R. Kirk Mueller

Partner, Commercial Litigation, Appellate, Natural Resources & Environmental Litigation, Environmental Law & Litigation, Coal, Toxic Tort Litigation, Insurance & Risk Management, NEPA, CERCLA & State Equivalent Programs
303.892.7456

Jonathan W. Rauchway

Partner, Toxic Tort Litigation, Natural Resources & Environmental Litigation, Environmental Law & Litigation, Commercial Litigation, Appellate, Uranium & Mining Development
303.892.7216

Laura J. Riese

Partner, Environmental Law & Litigation, Natural Resources & Environmental Litigation, Toxic Tort Litigation, Safety & Health, Brownfields Redevelopment, Fuels Blending & Related Enforcement Issues, Upstream Oil & Gas, NEPA, CERCLA & State Equivalent Programs, Crisis Management
303.892.7454

Constance L. Rogers

Partner, Natural Resources & Environmental Litigation, Public Lands Law, Corporate Environmental Disclosures, Tribal Lands, Renewable & Alternative Energy, Environmental Law & Litigation, Midstream Services, Cross-Border Transactions, Wildlife & Endangered Species
303.892.7480

Kathleen C. Schroder

Partner, Upstream Oil & Gas, Public Lands Law, Natural Resources & Environmental Litigation, Environmental Law & Litigation, Wildlife & Endangered Species, NEPA
303.892.7354

Ben Strawn

Partner, Commercial Litigation, Natural Resources & Environmental Litigation, Class & Consolidated Actions
303.892.7412

Elizabeth (Betsy) H. Temkin

Partner, Environmental Law & Litigation, Natural Resources & Environmental Litigation, Brownfields Redevelopment, Water Law, CERCLA & State Equivalent Programs
303.892.7222

Chad D. Williams

Partner, Commercial Litigation, White Collar Crime & Criminal Investigations, Class & Consolidated Actions, Arbitration, Securities Enforcement & Litigation, Crisis Management
303.892.7474

Gail L. Wurtzler

Partner, Toxic Tort Litigation, Class & Consolidated Actions, Environmental Law & Litigation, Natural Resources & Environmental Litigation, Upstream Oil & Gas, Water Law, NEPA, CERCLA & State Equivalent Programs
303.892.7405

Michelle Craig DeVoe

Of Counsel, Environmental Law & Litigation, Water Law, Natural Resources & Environmental Litigation, NEPA, CERCLA & State Equivalent Programs
303.892.7386

Dean C. Miller

Of Counsel, Environmental Law & Litigation, Upstream Oil & Gas, Insurance & Risk Management, Brownfields Redevelopment, Renewable & Alternative Energy, Natural Resources & Environmental Litigation, Uranium & Mining Development, Toxic Tort Litigation, Safety & Health, CERCLA & State Equivalent Programs
303.892.7389

David Neslin

Of Counsel, Upstream Oil & Gas, Natural Resources & Environmental Litigation, Midstream Services, Renewable & Alternative Energy
303.892.7401

James Witwer

Of Counsel, Water Law, Public Lands Law, Natural Resources & Environmental Litigation, Wetlands & Water Quality
303.892.7478

Andrea M. Bronson

Associate, Environmental Law & Litigation, Natural Resources & Environmental Litigation, Water Law
303.892.7385

Tim Canon

Associate, Upstream Oil & Gas, Public Lands Law, Natural Resources & Environmental Litigation, Environmental Law & Litigation
303.892.7428

Mave A. Gasaway

Associate, Environmental Law & Litigation, Renewable & Alternative Energy, Natural Resources & Environmental Litigation, Toxic Tort Litigation, Upstream Oil & Gas, Public Lands Law, Tribal Lands, Water Law, Wildlife & Endangered Species, NEPA, CERCLA & State Equivalent Programs
303.892.7407

James R. Henderson

Associate, Products Liability, Toxic Tort Litigation, Natural Resources & Environmental Litigation, Commercial Litigation
303.892.7317

Michael Kotlarczyk

Associate, Commercial Litigation, Appellate, Class & Consolidated Actions, Media & First Amendment, White Collar Crime & Criminal Investigations, Natural Resources & Environmental Litigation
303.892.7459

Will C. Marshall

Associate, Air Quality & Regulatory Compliance, Renewable & Alternative Energy, Environmental Law & Litigation, Tribal Lands, Natural Resources & Environmental Litigation, Upstream Oil & Gas, Public Lands Law, Water Law
303.892.7388

Lucas C. Satterlee

Associate, Environmental Law & Litigation, Natural Resources & Environmental Litigation, Upstream Oil & Gas, Public Lands Law
303.892.7368

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