Minerals, Mining & Water Law

Fredrikson's experienced team practices in the mining, minerals and water sectors. We represent mining companies, energy and land developers, mineral processors, wastewater generators, utilities, transmission and pipeline companies, ethanol and biofuels producers, domestic and international mineral, metal and rare earth mineral exploration companies, as well as financial institutions, banks and private equity companies that invest in mining, minerals and water assets. We also represent manufacturers, service and construction companies that operate within these natural resource sectors.

Our professionals have substantial experience in managing the development, financing and operation of natural resource-intensive activities. We help clients navigate the complex regulatory environment that governs mines, processing facilities, transmission lines, pipelines and facilities that are intensive water users. We assist with all development, financing, joint venture, acquisition and divestiture needs. We take a team approach to our legal representation, both internally and externally, building and maintaining strong relationships across client-service teams, including local and co-counsel, environmental consultants and engineers, expert witnesses and insurance experts.

We offer counseling and assistance to clients in regulatory, transactional and litigation aspects of mining, mineral and water law both internationally and at the federal, state and local levels, including:

• Title review and opinions
• Water rights
• Regulatory compliance
• Permitting
• Management of environmental liabilities
• Environmental review
• Defense of enforcement actions
• Litigation
• Rulemaking
• Corporate and financing agreements
• Leases, easements and purchase agreements

Mining Regulatory and Transactional

• Represented taconite mining company in appeal of first Minnesota reissuance of tailings basin NPDES permit in three decades, arguing environmental issues of first impression before the Minnesota Court of Appeals and Minnesota Supreme Court.
• Advised mining company on numerous issues regarding mine pit progression project, including environmental review, state and federal water-discharge permitting, antidegradation and water appropriation.
• Advised non-ferrous mining company on permitting issues for proposed mining project, including those relating to mining, dam safety, surface and groundwater discharges, water appropriation, air emissions, environmental review and wetlands.
• Advised clients on complex issues relating to transfer and acquisition of surface, mineral and leasehold interests.
• Advised companies on developing anti-corruption compliance programs and policies in a variety of industries, including medical device, restaurant franchising, industrial equipment manufacturing, mining, construction and others.

Minerals Regulatory and Transactional

• Prepared oil and gas title opinions including the Yellowstone River and opinions including the Missouri River, both where it remains a free-flowing river and where it is now part of the Garrison Dam reservoir (Lake Sakakawea) in North Dakota.
• Represented oil and gas operator in mineral acquisition transactions involving various title curative matters and FIRPTA issues related to sellers’ foreign citizenship.
• Assisted private materials company in a secured high yield debt offering and a secured revolving credit facility of approximately $375 million.

Water Regulatory and Transactional

• Represented owners of major pipeline in contested case hearing seeking individual 401 Water Quality Certificate from Minnesota Pollution Control Agency.
• Negotiated an industrial pre-treatment service contract between a client and the Twin Cities Metro Area Metropolitan Council for the design, construction, management and lease of a wastewater pretreatment facility.
• Assisted energy developer in securing wetland permits and related agency approvals for the financing and construction of a 200 MW Wind Farm.
• Represented agricultural company in proceeding before the Minnesota Office of Administrative Hearings, obtaining an order that a longstanding water quality policy of the Minnesota Pollution Control Agency was invalid as an unadopted rule.
• Represented agricultural company in working with state environmental protection agency to develop and finalize unique, multi-site individual industrial stormwater permit.
• Obtained Wisconsin Department of Natural Resources approval to modifications to wastewater discharge permits for a large electric generating station.
• Served as lead Wisconsin permitting counsel for a $700m combined cycle natural gas power plant, where we assisted in obtaining and defending critical project approvals including CPCN, NEPA and WEPA reviews, wetland and waterway crossing permits, air permits, and stormwater permits.
• Represented a private equity fund in its acquisition of a manufacturer of control solutions for the water and wastewater industry and further acquisitions of a company specializing in electric control panels for pumps and OEM machines, a maker of water and wastewater control systems and treatment pump systems, and a manufacturer of control panels and motor-generator sets.
• Assisted client with petition to alter drain tile and other drainage facilities to accommodate construction of a solar farm.

Mining, Minerals and Water Litigation

• Defended wastewater treatment facility against Clean Water Act citizen suit.
• Litigated a challenge by the Wisconsin Department of Natural Resources to private individuals’ title to lands surrounding a flowage lake created by a historic dam based on adverse possession.
• Represented Wisconsin’s largest inland lake protection and rehabilitation district in DNR proceedings and litigation spanning over a decade, including a successful Wisconsin Supreme Court appeal, leading to the modification of lake water levels to positively impact recreational activity, property values, tourism and other lake-related commerce and municipal tax revenues. Rock-Koshkonong Lake District v. Wisconsin DNR, Appeal No. 2008AP1523.
• Extensively litigated matters involving acquisition, transfer and allocation of surface, mineral and leasehold interests.

Main Contacts

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