Mining

Attorneys

Barker Rosholt & Simpson, LLP uses a comprehensive approach to legal problem solving that relies on the knowledge of the past successes to inform the solutions of the future. Having served industry and many of our clients for decades, we understand the history behind laws and policies that govern natural resource industries throughout Idaho and the Northwest. Our knowledge of past experiences allows us to create innovative solutions to the problems confronting you today.

Locations

Boise, ID
1010 W. Jefferson St., Suite 102
Boise, ID 83702
p. 208.336.0700 | f. 208.344.6034

Twin Falls, ID195 River Vista Place, Suite 204 Twin Falls, Idaho 83301-3029 p. 208.733.0700  |  f. 208.735.2444
163 2nd Avenue West
Twin Falls, Idaho 83301-5672
p. 208.733.0700 | f. 208.735.2444

The firm's attorneys have provided advice to mining companies on a wide variety of issues and have represented clients in litigation arising from their mining interests including permitting, defense of authorization to operate, environmental litigation, land entry matters, and the General Mining Act and the Mineral Leasing Act.

We have worked with the agencies in their analysis of the proposed projects and in obtaining necessary permitting. We have regularly intervened in lawsuits brought by special interests to stop approved projects. We are especially pleased with the outcome of the Smoky Canyon litigation, where the Ninth Circuit Court of Appeals upheld the approval of a mining project against a vast array of claims, and it recognized that open pit mining was a non-point source under the Clean Water Act. We have also represented mining companies involved in obtaining rights-of-way to their mining operations, including condemnation where negotiations fail to produce a satisfactory result.

Representative Cases

Ashley Creek Properties, LLC v. Larson, 403 Fed.Appx. 273 (9th Cir. 2010) — Represented mining company of response to efforts of third party to prevent mining expansion claims based on claims of NEPA violation.

Greater Yellowstone Coalition v. Larson, 641 F.Supp.2d 1120 (D.Idaho 2009);
Greater Yellowstone Coalition v. Lewis, 628 F.3d 1143 (9th Cir. 2010) — Represented mining company seeking to protect its right to expand its mining operations against an environmental group's claims of NEPA, NFMA and CWA violations.

Greater Yellowstone Coalition v. Timchak, 323 Fed.Appx. 512 (9th Cir. 2009) - Represented mining company in action to protect right to mine phosphate reserves.
Greater Yellowstone Coalition v. Reese, 392 F.Supp.2d 1234 (D.Idaho 2005)) — Represented mining company in action to protect exploration rights.

Coeur D'Alene Tribe v. ASARCO, 208 F.Supp.2d 1094, (D.Idaho 2003) — Represented mining company in natural resource damage action.

Monarch Greenback v. Doe Run Resources, CV 98-0358-S-9JL, (D.Idaho 2002) — Represented landowner in contribution action under CERCLA.

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