Mining & Construction Materials
Trusted strategic partners.
Everview provides experienced counsel to leading regional, national, and international mining and construction materials companies through every phase of their projects.
We are especially known for our proficiency in permitting and reclamation, environmental review and litigation, due diligence and transactions, as well as contracts, leases, and vested rights.
As with all the firm’s practice areas, what distinguishes Everview is our deep understanding of our clients' business objectives, enabling us to deliver targeted, effective legal advice with precision and efficiency. This commitment to aligning with our clients' goals has led our attorneys to become integral members of clients’ strategic teams.
Member
Recent Experience
Practice Areas
Expertise and experience matters. We have decades of working alongside our mining and construction materials clients on their most important opportunities and challenges in these areas:
Air Quality Regulations
We advise on air quality regulations, helping clients secure local and Title V air permits and comply with those permits while operating.
California Environmental Quality Act (CEQA)
We advise clients on all aspects of the California Environmental Quality Act (CEQA), including scoping and management of CEQA document preparation and subsequent CEQA review processes. We have successfully defended many CEQA documents in post-approval litigation.
Contracts
We provide comprehensive contract services, including drafting, reviewing, and negotiating contracts to ensure clarity, enforceability, and alignment with clients' business objectives and legal requirements.
Development Agreements
We assist clients with development agreements, facilitating negotiations and ensuring that agreements address all necessary terms and conditions to support successful projects and protect clients' interests.
Easements
Our services in easement law cover the creation, negotiation, and management of easements, ensuring that clients' rights to use or access property are protected.
Employment
We provide comprehensive employment law services, including drafting and reviewing employment contracts, handling workplace disputes, and ensuring compliance with labor laws and regulations. Our focus is on supporting clients with employment practices that foster a safe, fair, and legally compliant work environment.
Endangered Species
Our team navigates the complexities of endangered species regulations, helping clients address and mitigate impacts on protected species, ensuring compliance with environmental laws and facilitating smooth project execution.
Financing
Expertise in structuring and negotiating project financing arrangements, including loans, equity investments, and joint ventures, to support the funding of mining and construction projects.
General Counsel Services
Whether supporting in-house GCs or serving as dedicated outside general counsel, Everview integrates seamlessly with client teams, offering cost-effective solutions and deep sector expertise.
Land Use & Zoning
We assist clients in navigating land use and zoning regulations, securing necessary approvals and variances to support mining and construction projects, and ensuring compliance with local land use policies and zoning laws.
Litigation and Dispute Resolution
We handle all aspects of litigation. Our focus is on achieving favorable outcomes through strategic litigation and advocacy in court. We offer robust dispute resolution services, utilizing negotiation, mediation, and arbitration to resolve conflicts efficiently.
Local, State, & Federal Agency Coordination
We coordinate with local, state, and federal agencies to manage regulatory approvals and ensure compliance across all levels of government, streamlining processes and facilitating effective communication between agencies and clients.
National Environmental Policy Act (NEPA)
We guide clients through the requirements of the National Environmental Policy Act (NEPA), managing environmental impact assessments and public review processes.
Permitting Strategy
Our expertise in permitting strategy helps clients efficiently obtain necessary permits and approvals for mining and construction projects, ensuring that all regulatory requirements are met and streamlining the path to project initiation.
Regulatory Compliance and Inspections
We provide comprehensive support in regulatory compliance, assisting clients in adhering to federal, state, and local regulations to avoid violations and penalties, and ensuring that their operations align with industry standards and legal requirements. Our firm also assists clients in preparing for and responding to regulatory inspections, ensuring compliance with all relevant regulations and managing any issues identified during inspections to avoid penalties and operational disruptions.
Safety Compliance and Counsel
Our safety services ensure compliance with industry regulations and standards, helping clients implement effective safety programs and protocols. We provide expert guidance on compliance with Mine Safety and Health Administration (MSHA) and state Occupational Safety and Health (OSHA) regulations, and represent clients in MSHA and OSHA enforcement actions and appeals.
Solid Waste
Our team handles legal matters related to the permitting and management of solid waste facilities, including inert waste landfills and inert debris engineered fill operations (IDEFOs), ensuring compliance with environmental regulations and addressing issues related to waste management in mining and construction operations.
Surface Mining and Reclamation Act (SMARA)
Our firm provides comprehensive support in Surface Mining and Reclamation Act (SMARA) compliance, reclamation plans approvals and amendments, and ensuring that mining operations meet state requirements for environmental restoration.
Transactions and Sales
We handle all aspects of transactions and sales, from negotiating and drafting agreements to facilitating the transfer of assets, ensuring that deals are executed smoothly and in compliance with legal and industry requirements.
Vested Rights
We offer legal support in establishing and protecting vested mining rights. We have successfully established vested mining rights for numerous active and legacy mine sites.
Water
Our expertise in water law addresses all aspects of water rights and usage, helping clients navigate regulatory frameworks, secure necessary water permits, and manage environmental impacts related to water resources.
Wetlands
Our services address regulatory requirements and environmental considerations related to wetlands, helping clients navigate permits and compliance issues to mitigate impacts on wetland areas during mining and construction activities.
Insights
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How Are Cal/OSHA Violations Classified and Penalties Calculated?
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Navigating the Post-Chevron Landscape: How Loper Bright v. Raimondo Transforms Federal Regulation
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Cal/OSHA to Require Workplace Violence Prevention Plans Starting July 1, 2024
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U.S. Supreme Court's Sheetz Decision Expands Takings Clause to Legislative Land Use Conditions
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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
