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.