Joshua  B.  Cook

Joshua B. Cook

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Representative Matters

  • Representation of major mining company through due diligence and acquisition phases covering multiple mines resulting in a nine figure transaction.
  • Representation of mining companies and oil and gas companies in quiet title proceedings and claim disputes.
  • Representation of oil and gas companies in acquisitions and issues involving land on Indian reservations.
  • Defense of oil and gas operators from TERO enforcement actions and tribal court proceedings.
  • Defense of mineral development companies in lease disputes and tribal court actions where damages claimed were up to nine figures.
  • Representation of mining companies in complex title curative projects.
  • Title due diligence for various mineral production and renewable energy projects.
  • Representation of major mining company in federal eminent domain proceedings where condemnee originally claimed eight figure damages but was awarded nothing.
  • Administrative actions involving federal lands and multiple federal agencies.

Joshua Cook is a partner in Crowley’s Energy, Environment, and Natural Resources Department. His primary areas of practice are mining, Indian law, and oil and gas law. Joshua handles complex mining matters, including patented and unpatented claim disputes, large scale due diligence of both mining and oil and gas properties, property acquisitions and dispositions, title examinations, as well as permitting and environmental issues. He also assists clients with mineral development projects on Indian lands and challenges to tribal jurisdiction. Joshua has significant experience working with tribal agencies, especially TERO, handling contract disputes, and defending clients from tribal enforcement actions. He also assists pipeline, transmission line and mineral development companies with right of way issues and condemnation proceedings. Joshua serves on multiple committees for the American Exploration and Mining Association, is involved with the Nevada and Wyoming Mining Associations, and works on the Legislative Committee of the Montana Mining Association. He is on the Special Institutes Committee of the Rocky Mountain Mineral Law Foundation, a reporter for the Foundation’s Newsletter, and an update author for the American Law of Mining Treatise. Joshua graduated with his Juris Doctorate from Gonzaga University School of Law in Spokane, Washington. During law school, he clerked for the Washington State Court of Appeals, served on the Moot Court Honors Council, and lead Gonzaga’s National Trial Team. Before law school, Joshua worked in the mining industry where he located mining claims on public domain lands throughout Nevada and California. Joshua obtained his Bachelor of Science Degree in Business Management and Finance from Brigham Young University in 2007.

Practice Areas

    • Energy & Minerals Projects & Transactions
    • Mining – Hard Rock, Coal and Other Minerals
    • Oil and Gas
    • Pipelines, Transmission Lines and Other Linear Facilities
    • Power Plants, Hydro Facilities, Refineries and Other Industrial Facilities
    • Mergers & Acquisitions
    • Renewable Energy
    • Permitting and Environmental
    • Title and Real Estate Related Matters
    • Environmental Law
    • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), Resource Conservation and Recovery Act (RCRA), and Solid or Hazardous Waste
    • Eminent Domain
    • Environmental Due Diligence
    • Indian Law
    • Environmental
    • Litigation
    • Mergers and Acquisitions
    • Title Examination
    • Agreements With Tribal Members
    • Agreements With Tribes
    • Mining – Hard Rock, Coal and Industrial Minerals
    • Land and Mineral Acquisition
    • Litigation and Administrative Proceedings
    • Merger and Acquisitions
    • Mine Development and Operation
    • Title Review and Curative
    • Acquisitions and Dispositions
    • Due Diligence
    • Joint Ventures
    • Mergers
    • Real Estate
    • Access, Title and Property Disputes
    • Farm and Ranch Transactions
    • Tort Litigation

Bar Admission

Montana, 2010
U.S. District Court, District of Montana, 2010
North Dakota, 2012
U.S. District Court, District of North Dakota, 2013
Fort Berthold District Court, 2014
Nevada, 2016
U.S. District Court, District of Nevada, 2016

Education

2010 – J.D., Gonzaga University School of Law
2007 – B.S., Business Management – Finance, Brigham Young University

Professional Affiliations

State Bar of Montana
North Dakota State Bar Association
American Bar Association
Rocky Mountain Mineral Law Foundation
American Exploration and Mining Association
Montana Mining Association
Yellowstone County Bar Association

Presentations & Publications

“Mining Law,” AAPL Annual Meeting, 2016
“Oil and Gas Law Essentials,” Bankruptcy Seminar, 2016
“Basics of Mining Law,” Wyoming Bar Association, 2016
“General Mining Law of 1872,” 2014, 2015
Update Author: Chapter 31 “Locators,” Title IV Mining Claims, American Law of Mining 2d, 2013-Present
Update Author: Chapter 33 “Location Procedures,” Title IV Mining Claims, American Law of Mining 2d, 2013-Present
Update Author: Chapter 38 “Relocation and Amendment of Unpatented Mining Claims,” Title IV Mining Claims, American Law of Mining 2d, 2013-Present
Rocky Mountain Mineral Law Foundation Newsletter, 2012-Present