Practice Areas

Mineral & Energy, Commercial Litigation, Personal Injury & Tort, Business Services, Construction Law and Employment Law.

mining-header-1.jpg

MINERAL AND ENERGY

The mineral and energy industry has been a dominant part of our region. Our firm was founded upon the representation of mineral and energy producers. We represent operators throughout the United States, including Kentucky, Indiana, Illinois, Maryland, Alabama, Nevada, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and Utah. Our clients include large publicly held corporations and regional operators, as well as small operators and industry service providers.

We have experience in all facets of safety matters from surface mining, underground mining, blasting, trucking, and coal preparation. Marco Rajkovich, who is a Professional Engineer, spent many years working in coal mines in eastern Kentucky as a mine engineer and mine foreman. Due to our experience, our attorneys have a unique understanding of all aspects of mining and the regulated nature of the industry. Our attorneys regularly handle complex cases involving the mining process such as ground control plans, ventilation plans, roof control plans, blast plans, dust control and reclamation.

We have extensive experience assisting operators in mine safety and health enforcement proceedings before the Federal Mine Safety and Health Review Commission, as well as state regulatory authorities. Many of our clients call upon our attorneys for advice and counsel on contesting all types of alleged violations and the necessary evidence to fight the penalties in court. Our attorneys have handled high stakes enforcement actions involving mine closures, pattern of violation actions, and flagrant violations, which involve work stoppage due to regulatory shutdowns and hundreds of thousands of dollars in penalties.

Our attorneys represent operators in mine accident investigations conducted by federal and state regulatory agencies. These investigations require experienced representation because of the potential civil and criminal penalties to mine operators and management employees. These investigations can also spur state license revocation proceedings. Our attorneys have represented operators and mine management personnel on some of the most high profile mine accidents, including the Martin County Coal impoundment, Sago, Crandall Canyon, and Upper Big Branch accidents.

The firm also handles civil litigation regarding issues affecting the mining industry. These cases include property rights, permitting issues, broker agreements, mineral rights, personal injury, wrongful death, coal supply agreements, trespass claims, and contractor disputes. Our attorneys have litigated cases in federal and state courts. We also have extensive experience in both federal and state administrative agencies including enforcement actions, licensure proceedings and civil cases for damages.

Finally, clients often ask our attorneys to conduct training in the area of mine safety. We have trained both management personnel as well as rank-and-file work force on issues such as compliance, accident investigation, POV, flagrant violations, preparing for inspections, regulatory requirements and inspection preparedness.