Mining & Construction Materials

Trusted strategic partners.

Everview counsels leading regional, national and international mining and construction materials companies at all project phases.  We are particularly known for our work related to permitting and reclamation, environmental review and litigation, due diligence and transactions, contracts and leases, and vested rights. What sets Everview apart is the firm’s ability to understand client business objectives, and to deliver focused, effective business and legal advice on time and on budget. Because of these qualities, Everview attorneys often become part of our clients’ strategic team on multiple matters and projects.

Member

NSSGA National Stone, Sand & Gravel Association

Recent Experience

  • Everview Secures Approval of Mine Reclamation Plan Amendment

    Everview helped two mining clients secure joint approval of a reclamation plan amendment for a vested mine. The reclamation plan amendment will facilitate earlier reclamation of the site, and will help the client to restore the site to functional, high-value desert habitat.

  • Everview Wins $315 million Judgment for Mining Client

    Everview secured a $315 million judgment for a Southern California mining client in a complex and novel mineral rights case. The litigation revolved around what costs and expenses the mine operator could charge to the partial owners of critical patented claims at the heart of the mine.

  • Everview Defends Mining Client Against Frivolous Eviction Suit

    Everview successfully defended an aggregate mining client against a frivolous unlawful detainer action brought by the mine site’s landowner. Everview assembled a team of the foremost mining and reclamation experts in California, and presented such a powerful defense that the landowner dismissed its case just days before jury trial was set to begin.

Practice Areas

Expertise and experience matters to Everview clients. We have years of working alongside our mining and construction materials clients on their most important opportunities and challenges in these areas:

Administrative Law

Permitting Strategy

Regulatory Compliance

Endangered Species

Title

California Environmental Quality Act (CEQA)

Transactions & Sales

Hearings & Appeals

Dispute Resolution

Contracts 

Water

Litigation

Licensing

National Environmental Policy Act (NEPA)

Regulatory & Legislative Changes 

Enforcement Actions

Mine Safety and Health Administration (MSHA)

Property

Land Use & Zoning

Surface Mining and Reclamation Act (SMARA)

Air

Solid waste

Leases

Wetlands

Risk Mitigation

Regulatory Inspections

Vested Rights

Service & Supply Agreements

Easements

Development Agreements

Local Ordinances

Project Management

Local, State, & Federal Agency Coordination

Occupational Safety & Health Administration

Insights

  • Notable Changes to the New California Construction General Permit Effective September 1, 2023

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  • MSHA Jurisdiction Could Include Off-Site Businesses

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  • New Law to Conserve Western Joshua Trees Streamlines Take for Desert Mining Projects

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  • Texas Law to Require Mapping of Aggregate Resources

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  • MSHA Proposes New Silica Rule

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  • California’s Major New Infrastructure Proposal

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  • California Campaign Contribution Law Impacts Mining & Construction Materials Businesses

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  • New WOTUS Rule Expected Post-Sackett

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  • ESG for the Construction Materials Industry

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  • New Silica Exposure Enforcement Initiative Launches

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  • “Waters of the United States” Definition Remains Turbid

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  • U.S. Endangered Species Act “Habitat” Definition Rescinded

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  • When Portable Equipment Requires an MSHA ID

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  • New California Law to Encourage the Low Carbon Cement Market

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