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Energy & Environmental Litigation

Our Bench of Litigators Is Unmatched In Skill For Energy Disputes.

Fabian VanCott is well prepared to assist clients in court rooms, in mediations, in arbitrations, and in government investigations, and to handle the unique facets of high-profile crises, such as the 2007Crandall Canyon Mine disaster. Fabian VanCott routinely represents clients in connection with:

  • Disputes dealing with contract and transaction issues (such as force majeure, supply contracts, enforcing compliance with contractual obligations, terminating contractual obligations, etc.);
  • Toxic Tort Litigation, including representation of landowners, cities, real estate developers, secured parties, and potentially responsible parties, at a variety of Superfund and CERCLIS sites, ranging from smelters, factories, and dry cleaning facilities to municipal landfills;
  • Administrative contest and civil penalty proceedings; MSHA discrimination complaints; MSHA and OSHA accident investigations and special investigations, and disputes over the proper allocation of toxic waste cleanup responsibility;
  • Mining Claim Validity Determinations and Patenting, Leasing, and Compliance Issues before the United State Bureau of Land Management, Minerals Management Service, the Office of Surface Mining, the Bureau of Reclamation, United States Forest Service, the Interior Office of Hearings and Appeals, the Interior Board of Land Appeals, and the United States District Court;
  • Enforcement actions, defending permits and pursuing legal remedies in an administrative context;
  • Real property and construction disputes, local, state, and federal permits and land-use denials, property acquisition related litigation, including state or federal eminent domain proceedings;
  • Disputes minority owner and between joint venturers;
  • Business reorganizations, Debtor in Possession representation, creditors’ rights, financial failures of customers or supplier, financial reorganizations;
  • White collar defense and corporate compliance with the Foreign Corrupt Practices Act and the myriad federal regulations that can result in white collar criminal exposure, ranging from environmental restrictions to securities laws and trade practices;

Our representations also have included:

  • Legal challenges to final administrative rules
  • FOIA requests and related litigation
  • GRAMA and CPRA requests and related litigation
  • Public service commission prudence reviews
  • Mechanics’ liens
  • Commercial and industrial landlord-tenant disputes
  • Foreclosures
  • Labor and employment disputes
  • Protection of trade secrets and confidential and proprietary information
  • Non-solicitation, non-competition and anti-raiding protections
  • Wrongful termination and harassment claims
  • Premises Liability
  • Examinations/Audits and appeals before the IRS and representation of in the U.S. Tax Court
  • Judgment Enforcement and Collections

Meet our team of energy and environmental litigators below.