Environmental Law

Mining

Partners

Cohen, Edward A.

Kellmeyer, Joseph M.

Kennedy, Crystal M.

Sonderegger, Paul T.

Stone, Brian C.

Strassner, Peter S.

Associates

Bousquet, Kimberly M.

Kemper, Ryan Russell

Linzer, Ross E.

EHS Senior Advisor

McCombs, Max W.

• Agrium
• American Commercial Barge Lines
• Bemis Company
• BNSF Railway
• Bunge North America
• CKE Restaurants (Hardee's)
• ConocoPhillips
• ExxonMobil Coal & Minerals
• ExxonMobil
• Insituform Technologies
• Kansas City Southern Railway
• Laclede Gas
• Mallinckrodt
• Norfolk Southern
• United Van Lines 
• WCA Waste Corporation

Mining-related Environmental Experience

Coal Mine Regulatory Work
For over a decade, we have represented southern Illinois coal mines in connection with a wide range of environmental issues. On the regulatory side, we have provided ongoing compliance counseling, obtained variances and provided permitting assistance to a major energy concern. We also helped obtain approval for the first Groundwater Management Zone ever issued to a coal mine in the State of Illinois, as part of a unique settlement with the Illinois Environmental Protection Agency and the Illinois Department of Natural Resources.

Quarry/Mine Expansion
We are currently representing a mining company in connection with a potential major expansion. That representation has included providing assistance with the interpretation of permit requirements, assistance with potential governmental incentives and other financing opportunities, as well as assistance with related real estate and mineral rights matters.

Defense of Reclamation/Cleanup Plan before Federal Agency
In a federal administrative case before the U.S. Department of Interior Board of Land Appeals, the claimant alleged that the Office of Surface Mining should bring an enforcement action against the State of Illinois for the alleged failure to protect the groundwater at our client’s mine site and for permitting certain surface reclamation activities. We intervened and presented evidence that the approved reclamation plan protected the groundwater and that the permitted surface reclamation activities were authorized in accordance with Illinois and federal law. The Administrative Law Judge panel found in favor of our client and the Office of Surface Mining in all respects.

Defense of Reclamation Plan before State Agency
In a state administrative case, three local residents sought revocation of a coal mine's final reclamation plan approved by the Department of Natural Resources. We obtained summary judgment from a Hearing Officer for our client on both procedural and substantive grounds. This victory preserved our client’s approved multimillion-dollar reclamation project.

Defense of Challenge to Mining Permit Revision
We successfully defended a state administrative case in which the claimant sought revocation of a coal mine permit amendment that authorized construction and operation of a three mile long water discharge pipeline. The pipeline transports treated water to a local river for discharge pursuant to an NPDES permit issued by the Illinois Environmental Protection Agency. We obtained summary judgment for our client on substantive grounds. The win permitted our client to begin operation of its discharge pipeline as designed.

Groundwater Contamination
In a lawsuit before the United States District Court for the Southern District of Illinois, over 250 separate plaintiffs filed claims alleging that their groundwater had been contaminated due to coal mining and coal waste disposal activities. We moved for a Lone Pine Scheduling Order. After the Court expressed an intention to enter the proposed Lone Pine Scheduling Order, the plaintiffs voluntarily dismissed the case.