Practice Areas & Industries: Holland & Hart LLP

Practice/Industry Group Overview

Since our early days we have helped oil and gas and mining companies close deals, navigate their way through federal and state regulations and resolve disputes.  These sixty plus years of experience have given us an extensive knowledge of the transactions, regulatory compliance, legislation, litigation and other aspects related to natural resources and energy concerns.

We were one of the first firms to become involved with the legal aspects of environmental issues when we started our environmental law practice in the early 70s.  We have also been integrally involved in the ski and recreation industries, real estate development and water issues in the resources rich Mountain West.

We share our many years of experience with our clients in our day-to-day dealings and through seminars, workshops and publications.

Our cohesive group of natural resources and envirornmental lawyers likes to work hard and play hard.  At our annual retreats, we are reminded that playing together, besides being fun, reveals people's hidden strengths and talents and helps nurture the kind of long-term friendship and trust that carries over into the workplace and, ultimately, benefits our clients.

Services Available

Our Natural Resources department focuses on four areas:  oil and gas, mining, water, and environmental.  The attorneys who comprise this practice area are well versed in the business issues surrounding natural resources.  We track, monitor and advise clients on the ever-changing rules and regulations in the natural resources arena.

Oil and Gas

Holland & Hart has been active in oil and gas legal matters since its formation in 1947.  Our practice involves regulatory and general business advice, transactional work, administrative proceedings and litigation.  The firm's oil and gas clients range from small independent producers to worldwide conglomerates engaged in both domestic and international activities.  Among these are clients we advise on a day-to-day basis with respect to their operations, development efforts, and regulatory compliance matters.

We have worked on numerous projects involving oil and gas leases, farm-outs and farm-ins, operating agreements, joint venture and participation agreements, surface use agreements, geophysical exploration agreements, title opinions, pooling, and unitization matters, exploration and development on public and Indian lands, coal seam gas exploration and development, drilling contracts, and related tax matters.

The firm has experience in the acquisition and disposition of oil and gas companies and properties, and in legal and transactional aspects of oil and gas exploration, drillng, production, transportation, refining and marketing activities.  The firm also has experience in securities law matters as they affect oil and gas companies, in both the public and private markets, as well as in the structuring of partnerships, both general and limited, and master limited partnerships.  We have assisted clients in all types of financing transactions including secured, unsecured, mezzanine, acquisition, exploration and development financings.  We are also involved in work relating to crude oil and natural gas sale and exchange contracts, plant construction, processing and transmission arrangements, and refining activity.

An important part of the firm's services is our administrative and litigation practice relating to energy regulation matters on behalf of interstate pipelines, local distribution companies, industrial end users and producers.  We also have experience in administrative and judicial proceedings relating to oil and gas matters before various federal and state courts, the Federal Energy Regulatory Commission, the Bureau of Land Management, the Minerals Management Service, the Interior Board of Land Appeals, and other agencies.

Mining

Following the leadership of Josiah G. Holland, a founder of the firm, Holland & Hart attorneys are involved in all phases of mineral activity, from the acquisition of mining property and the exploration for minerals, through the development, extraction, marketing and transportation of mineral resources.  We have performed work on mining projects for domestic and foreign clients in the United States and Canada involving a wide variety of minerals including coal, base metals, uranium, oil shale and geothermal resources.  Our mining practice includes mining leases and options, title opinions, purchase and sale agreements, workouts, joint ventures, processing and transportation agreements, operating agreements and mineral financing matters.

We are experienced in public land matters and in the legal aspects of mineral exploration and development on public lands.  Members of our mining group have long been active in public land law issues and held leadership roles in the Public Land Law Review Commission.  We also have lawyers with administrative, trial and appellate experience in a wide variety of mining-related matters, including coal supply agreements, leases, and public and private contests as to the validity and ownership of mining claims.  Together with the environmental group, Holland & Hart's mining practice group has experience in permitting requirements applicable to mineral exploration and development projects.

Water

We have experience in buying and selling water rights, changing such rights to new uses, and obtaining court approval of plans for augmentation and exchange.  The firm has litigated to protect the quantity and quality of water supplies, and advised clients in a great variety of matters involving the diversion, distribution, storage and use of water.  We are experienced in the regulation of wetlands and other waters under Section 404 of the Clean Water Act as well as state and local restrictions on activities in wetlands.

Holland & Hart's water lawyers have represented clients before the U.S. Supreme Court, the Tenth Circuit Court of Appeals, various federal courts, state appellate courts and numerous district courts, including Colorado's special water courts.  Changes in use, plans for augmentation, water contracts, title claims, quality disputes, utility matters, well permits, and federal reserved water rights and rights of way have been the subjects of these lawsuits.  We have experience in water rights matters in many of the western states, primarily Colorado, Idaho, Montana and Wyoming.

In addition to water litigation, we have negotiated water right sales and purchases; participated in adminstrative proceedings with state water officials, federal resource agencies, and local governmental boards; assisted clients in water supply development, water quality issues, and other water-related issues; handled water utility, municipal, and special district matters; and assisted clients in federal permitting processes.  We have obtained the required permits, licenses and approvals for construction and operation of water and hydroelectric projects.

Environmental

Our environmental lawyers have experience in matters arising under the Clean Air Act, the Clean Water Act, Safe Drinking Water Act, "Superfund", the Resource Conservation and Recovery Act, NEPA, the Endangered Species Act, the Migratory Bird Treaty Act, the Fish & Wildlife Coordination Act, the Wilderness Act (including RARE II and BLM wilderness inventory), various antiquities, historic sites and historic preservation acts, the Surface Mining Control and Reclamation Act, the BLM Organic Act and numerous other public land laws.  Our environmental work involves us in diverse projects and problems throughout the United States.

We are actively involved in all phases of regulatory work under federal and state environmental laws.  On the federal level, the firm has advised clients on the potential impacts of compliance with proposed and promulgated federal regulations in the U.S. Court of Appeals for the District of Columbia Circuit.  On the state level, the firm has monitored regulatory activity in various states and advised clients and associations of the status of state legislation.  The firm has also participated, on behalf of several clients, in various state public hearings and meetings relating to the development of proposed state regulation.