Crowley Fleck’s Energy & Minerals Projects & Transactions Practice Group guides clients through legal thickets in diverse industries, including oil and gas exploration and production, coal and hard rock mining, development of renewable energy, the construction and operation of pipelines and transmission lines, or industrial facilities, and M&A transactions generally. Our services include due diligence review, title review and title opinions, environmental matters, permitting, transaction agreements and closing documents, and financing and financing opinions. It also includes using our Indian law experience to help clients address the complex and unique issues involved when projects or facilities are located on Indian reservations. Our group includes litigators, and we also work closely with other firm litigators, when litigation arises in projects and transactions, such as on environmental/permitting matters, or condemnation. We often serve as local counsel on complex projects or transactions where clients also employ national counsel. We provide local counsel opinions and assistance with a wide range of local counsel matters, including title, permitting, environmental matters, real estate, water rights, and employer- employee matters. We draw on the experience and knowledge throughout the firm to assist and represent clients on the wide range of issues involved in projects and transactions. We work closely with our clients to find solutions to allow them to complete projects and close transactions.
Mergers & Acquisitions
We draw on the M&A experience and knowledge throughout the firm to assist and represent clients in transactions, whether as buyer or seller, or in connection with financing, including: due diligence in such areas as title/real estate, water rights, contracts, environmental and permitting, and HR/benefits; contract negotiation, preparation, and closing activity/documentation, including deeds and title conveyance instruments, permit transfers, contract assignments, and transfer of water rights; state and local tax issues; and financing-related instruments and legal opinions.
Mining – Hard Rock, Coal and Other Minerals
The firm has extensive history working with clients on projects and transactions in the mining industry, including M&A transactions. Mining is an industry with unique issues and challenges, and we work closely with clients to address them, including title review/opinions, whether patented or unpatented mining claims, millsites, tunnel sites, and royalties. We also represent clients in litigation on mining specific issues, including condemnation and royalties, and advise and represent clients on the complex permitting and environmental matters associated with mines, including reclamation and mine closure, and associated litigation or CERCLA proceedings.
Oil and Gas
The firm’s decades of oil and gas work includes assisting clients on projects and transactions, including M&A transactions. We also provide services on financing-related instruments and provide legal opinions. This is another industry with unique issues and challenges, and we work with clients to address those issues/challenges, including: title review/opinions, including complex riverbed issues; regulatory matters before state oil and gas conservation boards, including spacing and unitization; surface access and split estate; federal or Indian oil and gas lease issues; permitting and environmental; and litigation on oil and gas specific issues, including royalty litigation, and post regulatory and litigation matters including IBLA appeals and state and federal appeals.
The firm’s renewable energy team assists developers, lenders, and other clients in the development of renewable energy related projects and transactions, including wind energy and solar energy projects. Our lawyers provide a broad range of services, including: due diligence; permitting on private, federal, state, and Indian lands; siting; public service commission or other regulatory approvals; environmental issues, including NEPA and state equivalent processes for EIS or EA activity, and avian and threatened and endangered species issues; construction; preparing transaction agreements and related documents; condemnation; acquisitions and divestitures; and financing and financing opinions.
Pipelines, Transmission Lines and Other Linear Facilities
We utilize our many years of experience with linear facilities to guide clients planning to build such facilities, or facing issues with existing facilities, or on M&A transactions involving linear facilities. Our services include: acquisition of easements, and related land access/acquisition activity, such as leases; condemnation when easements cannot be obtained, in either state or federal court; permitting and environmental, including state and local requirements and public service commission or other regulatory approvals; state and local tax issues; and financing-related instruments and legal opinions.
We draw on the experience and knowledge throughout the firm to assist and represent clients on M&A transactions involving industrial facilities, or clients planning to build facilities, or with projects involving existing facilities. These include power generation facilities and refineries. Our services on such projects or transactions include: title review/opinions, land/easement acquisitions, and condemnation; permitting and environmental, including state and local requirements and public service commission or other regulatory approvals; state and local tax issues; and financing-related instruments and legal opinions.