Overview
Maynard Nexsen’s Natural Resources Group utilizes a multi-disciplinary approach that draws on the expertise of lawyers whose practices include handling general corporate matters, mergers and acquisitions, financing transactions, environmental regulatory issues, labor and employment matters, and natural resources litigation. The firm acts as counsel to coal companies that have both domestic and international operations in connection with a wide variety of matters. We also advise several of the largest independent power producers, electric and gas utilities, natural gas pipeline companies, governmental entities and others in virtually all aspects of the supply, transmission, and distribution of electricity, water, and gas. Our work also includes environmental compliance work and assistance with tax planning and qualifying for available incentives. We have assisted in the acquisition, development, construction, operation, and financing of generating facilities and natural gas and crude oil pipelines.
Representative Natural Resources Transactions Include:
- Represented publicly traded corporation in its acquisition of underground coal mine and related coal reserves
- Represented publicly traded corporation in its securing of leases of approximately 75 million tons of recoverable metallurgical coal
- Performed complete due diligence review of coal company for private venture fund with multiple active mines
- Performed complete due diligence review of coal company with multiple mines for international based entity
- Assisted with the sale by a corporation of substantially all of its assets including its active surface mining operations and large tracts of coal reserves
- Regularly represent sellers, purchasers, institutional lenders, landlords, and tenants in connection with timberland transactions
- Routinely advise clients in connection with negotiating timberland purchase and sale agreements, loan agreements, and related documentation
- Assisted with the acquisition of domestic coal reserves containing approximately 4 billion tons of coal
- Assisted with the preparation and negotiation of long-term contracts for the transloading of millions of tons of coal annually through multiple domestic seaports
- Assisted with the preparation and negotiation of long-term contracts for the transporting by railway of millions of tons of coal annually
- Orchestrated the unique resolution of the condemnation of land throughout the State of Alabama under the Natural Gas Act for one of the nation's largest gas pipeline companies
- Advised several independent power producers in Alabama on projects totaling well over $1 billion in capital expenditures
- Assisted with the preparation and negotiation of agreements for the placement of synthetic fuel facilities at an operating coal mine and foundry coke producer facility
- Assisted with the preparation and negotiation of agreements for the acquisition of mining equipment located in Germany from a German based utility
- Assisted with the preparation and negotiation of numerous agreements for the sale of interests in biomass gas synthetic fuel production facilities that are eligible for section 29 tax credits
Representative Natural Resources Litigation Defended by Maynard Nexsen:
- Defended exploration and production company in a commercial action in which plaintiffs allege breach of contract arising out of the sale and/or assignment of mineral leases, which have been valued at $38,000,000
- Represented exploration and production company in conversion, trespass, and declaratory judgment action in which plaintiffs claim our clients harvested plaintiffs' minerals located in strata surrounding coalbeds (involves thousands of mineral acres)
- Representing major oil company in two separate wrongful death actions (complex liability and contractual indemnity issues), one involving an off-shore oil rig, and the other involving a transport tanker
- Recently defended investment group in two lawsuits against claims by potential lessors for fraud and breach of contract related to options in mineral leases
- Represented exploration and production company in a trespass and nuisance action arising out of company's installation and operation of two coalbed methane wells. Case involved issues of first impression in Alabama related to split estates, easements, and right of ways.
- Defended exploration and production company in a wrongful death lawsuit arising out of a death that occurred while a contractor's employee was performing hydrostatic testing on a natural gas pipeline. Case involved underlying tort claims as well as complicated indemnification and coverage issues. Successfully obtained coverage for client under indemnity agreement with co-defendant.
- Represented natural gas transportation company in a multi-million dollar pipeline rupture case. The case represented significant exposure to the company and involved complex defense of both the underlying tort claim, as well as pursuit of indemnification and insurance coverage claims under co-defendants' policies. We not only defended the underlying tort litigation, but managed the case in a way to achieve coverage and indemnification.
- Represented two major oil and gas companies in a nuisance, trespass, and negligence case filed by more than thirty plaintiffs involving “ultrasound“ arising out of the construction and operation of a natural gas compressor facility. Defense of the case involved technical experts and specialized medical evaluations. We brokered a unique and creative resolution on eve of trial for a fraction of what plaintiffs had previously demanded at mediation.
- Defended natural gas exploration and production company in a multi-party nuisance case where plaintiffs alleged company was draining their minerals from adjacent property. Successfully argued primary term of lease allowed such activity. Ultimately reached a resolution satisfactory to all parties that permitted company to continue its activities.
- Represented natural gas exploration and production company in a catastrophic injury case involving a plaintiff who became entangled in the “pump jack“ or “horse head“ of a coalbed methane well. In addition to defending the underlying tort claims, we successfully obtained coverage for our client from a co-defendant's carrier.