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Josh Cook is a Partner and Energy and Environmental Practice Group Leader at the firm. His practice revolves around mining, Indian law, oil and gas, and renewable energy projects. Josh regularly helps mineral and energy development companies with complex land, title, and mineral development matters, including leasing or mining claim disputes and large-scale due diligence investigations.

Josh assists clients with development projects in Indian country and issues related to tribal jurisdiction. He has significant experience working with federal and tribal agencies, including TERO, handling contract disputes, and representing clients in administrative or tribal court matters. Josh also assists pipeline and transmission line operators with right-of-way issues. 

As a mining and natural resource attorney, Josh plays a vital role in various aspects of the industry. He focuses on facilitating the development of critical minerals, which are essential for various industrial and technological applications. Josh also assists clients in navigating the complex legal landscape surrounding mineral and energy development, helping them secure necessary leases, claims, permits, and regulatory approvals to get projects off the ground.

Josh is an officer for the American Exploration and Mining Association and is involved with multiple state mining associations and industry groups throughout Wyoming, Montana, Nevada, and Colorado. He works with the Nevada Landmen’s Association, is a Trustee of the Foundation for Natural Resources and Energy Law, and serves as an author for the American Law of Mining Treatise. During law school, Josh clerked for the Washington State Court of Appeals. 

Prior to graduating law school, Josh worked in the mining industry, where he located mining claims on public domain lands throughout Nevada and other western states. In this role, he spent countless hours hiking and riding through the hills to secure mineral rights and land tenure positions for his clients. 

In his free time, Josh enjoys being with his six children at their home in the country where they raise a few horses, cattle, and love going hunting together. 

  • American Bar Association
  • American Exploration and Mining Association
  • The Foundation for Natural Resources and Energy Law
  • Montana Mining Association
  • Nevada Mining Association
  • State Bar of Colorado
  • State Bar of North Dakota
  • State Bar of Montana
  • State Bar of Nevada
  • State Bar of Wyoming
  • Wyoming Mining Association
  • Nevada Landmen’s Association

  • “The Department of the Interior’s Push for Expedited Environmental Reviews of Oil and Gas and Critical Minerals Projects,” The Foundation for Natural Resources and Energy Law, formerly Rocky Mountain Mineral Law Foundation (FNREL), May 9, 2025
  • “Mineral Development and Title in Indian Country,” AAPL, April 23, 2025
  • “Mineral Title Examination, Review, and Due Diligence for Oil and Gas and Mining Projects,” Program Co-Chair, FNREL, May 16-17, 2024
  • Natural Resource and Energy Development in Indian Country, Co-Chair, FNREL, November 2-3, 2023
  • “Navigating TERO Compliance in Natural Resource Development,” FNREL, November 2023
  • “Due Diligence on Mining Properties,” AAPL, 2022
  • “Mining Law Fifth Amendment Takings Analysis,” submitted to United States Congress by AEMA for the Subcommittee on Energy and Mineral Resources Hearing, July 27, 2021
  • “Mining Law Reform Efforts: Claim Staking or Claim Taking?” Mining and Land Resources Institute, March 11, 2021
  • “Bullets Dodged – Recent EPA Rulemaking Efforts and Financial Responsibility,” AAPL, 2020
  • “Due Diligence on Mining Properties,” AAPL, 2018
  • “Mineral Development on Indian Reservations,” AEMA, 2018
  • “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 laims, 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

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 operator in due diligence and nine figure acquisition of oil and gas assets on Indian reservation.
  • Defense of oil and gas operators from TERO enforcement actions and tribal court proceedings.
  • Defense of mineral development companies in lease disputes and actions where damages claimed were eight to nine figures.
  • Representation of green energy and mineral development companies in complex title curative projects.
  • Due diligence for various production and renewable energy projects.
  • Administrative actions involving federal lands and multiple federal agencies.

Court Decisions

  • Merit Energy Operations I, LLC v. E. Shoshone & N. Arapaho Tribes, 2023 WL 7177893 (D. Wyo. 2023)
  • Hall and Maheshu Energy, LLC v. MHA TERO, WPX Energy, MHA Supreme Court – Order AP: 2023-001
  • Kodiak Oil & Gas (USA) Inc. v. Burr, 932 F.3d 1125 (8th Cir. 2019)
  • Mines Mgmt., Inc. v. Fus, 2019 MT 276, 398 Mont. 15, 453 P.3d 371
  • Halcon Operating Co. v. Rez Rock N Water, LLC, 2018 WL 4092052 (D.N.D. July 9, 2018)
  • Jolene Burr et al. v. XTO Energy Inc., et al., MHA Supreme Court – Order AP: 2016-002
  • Montanore Mins. Corp. v. Easements & Rts. of Way under, 2014 WL 12608556 (D. Mont. 2014)
  • Alder Gulch, LLC, GFS(MIN) 13, 184 IBLA 48 (2013)

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