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 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.

Joshua Cook is a partner and leader of our firm’s Energy and Environmental Practice Group. His primary areas of practice are mining, Indian law, oil and gas law, and renewable energy. In his practice, Joshua handles complex property rights and mineral development matters, including patented and unpatented mining claim disputes, acquisitions and divestitures, title examinations and permitting issues. He heads large scale due diligence projects covering mining, renewable, and oil and gas assets. Joshua also assists clients with development projects on Indian lands and issues relating to tribal jurisdiction. He has significant experience working with federal and tribal agencies, especially TERO, handling contract disputes, and defending clients from tribal actions. He also assists pipeline, transmission line and development companies with linear, condemnation and right of way issues. Joshua serves on the Board of Trustees for the American Exploration and Mining Association, is involved with the Nevada and Wyoming Mining Associations, and serves on the Legislative Committee of the Montana Mining Association. He is a Trustee at Large and works on the Programs Committee of the Rocky Mountain Mineral Law Foundation, serves as a reporter for the Foundation’s Newsletter and an update author for the American Law of Mining Treatise. Joshua graduated with honors 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 the National Trial Team. Before graduating law school, Joshua worked in the mining industry where he located mining claims on public domain lands throughout Nevada and other western states. Joshua has a Bachelor of Science Degree in Business Management and Finance from Brigham Young University.

Practice Areas

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
Colorado, 2019
Wyoming, 2019


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

Professional Affiliations

State Bar of Montana
State Bar of Nevada
Wyoming State Bar
North Dakota State Bar
Colorado Bar
American Bar Association
Rocky Mountain Mineral Law Foundation
American Exploration and Mining Association
Montana Mining Association
Nevada Mining Association
Wyoming Mining Association

Presentations & Publications

“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 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