Coal Law
The partners of Rhine Ernest LLP collectively have over 80 years experience serving the Illinois Basin coal industry. The firm has helped clients in transactions ranging from small tract coal leases to billion dollar coal asset transfers involving international finance.
It has litigated coal related cases ranging from landowner claims to landmark appellate cases affecting the entire industry. The firm even has a coal-mining engineer among its partners. Rhine Ernest LLP takes pride in its practice in many areas affecting coal mining.
Sales of Coal Mines and Coal Reserves
The sale of coal mines and coal reserves are often complex, yet require quickness and agility on the part of everyone involved, especially the attorneys handling the transaction. Our firm has handled the transfer of numerous mines and mining divisions and thousands of coal reserve properties. We make sure that our clients, whether buyer or seller, have the protection they need and that the transfer occurs smoothly and promptly.
Financing Coal Assets
Rhine Ernest LLP represents banks and commercial credit companies in providing financing for coal assets. Coal mines are unlike any other commercial enterprise. They involve very large real estate holdings, a century of special legal precedent, commercial practices unique to the industry, and difficult environmental considerations. We help our clients understand these aspects of the coal industry and create creditor protections, which are designed especially for the industry.
Coal Title
Rhine Ernest LLP has examined titles to hundreds of thousands of acres of coal reserves, protecting buyers and lenders from unnecessary risk. We take pride in performing title work promptly and with the practical knowledge necessary to make sure our title requirements are meaningful. In large reserve transfers, titles to every single tract cannot be perfected by a seller. Rhine Ernest LLP has the industry experience to assure a buyer by issuing a Capstone Opinion, in which we determine if title is acceptable as a whole, given the standards of the industry.
Land Departments
Acquiring and managing coal reserves is the heart of every coal producer. Our firm works very closely with several coal industry land departments, assisting their landmen in title searching, acquisition, curative work, and special questions. We craft coal deeds and leases for every situation and we are always available for consultation with our clients' landmen. Two of our attorneys have worked as landmen and we understand land work very well. For small companies without land departments, we provide many of the services that traditional land departments provide, including record retention, royalty and division orders, and leasing supervision.
Coal Supply Contracts
Sale of produced coal is the objective of mining. Rhine Ernest LLP has experience in negotiating and preparing long term and short term coal supply contracts with utilities, other coal users, and other coal producers. This area of coal law is heavily litigated, and great care must be taken to provide each client with the certainty and protection it needs.
SMCRA and Environmental Matters
Rhine Ernest LLP is experienced in assisting engineering departments in the preparation of SMCRA permit applications and in defending N.O.V.'s and other permit and environmental claims, in court and before administrative departments. We often defend blasting, subsidence, contamination and similar claims. Joseph Vargo, a partner in the firm, has an undergraduate degree in coal mining engineering and experience working as an engineer for a major coal producer.
Coal Bed Methane Gas
Few law firms have as much experience as Rhine Ernest LLP in dealing with coal bed methane gas. The firm's opinions on development and production have assisted pioneers in methane gas recovery and have helped our coal company clients obtain revenue from an asset formerly viewed as a liability. We have handled some of the most important cases determining control of coal bed methane. We can assist coal bed methane procedures in navigating the minefield of legal uncertainty.
Slurry and Secondary Recovery
Sale of recoverable coal wastes from active or closed mines involves special SMCRA, environmental, and labor considerations. Rhine Ernest LLP has wide experience in assisting clients in the recovery and sale of these assets.
Longwall Mining and Subsidence
The attorneys at Rhine Ernest LLP have been involved in longwall mining since its return to the Illinois Basin. We have interpreted subsidence grants and issued opinions enabling our clients to obtain permits for longwall mining based on valid existing rights. We have participated in some of the most important litigation in the industry. We understand subsidence law and longwall regulation.
Mine Safety Health Administration
Rhine Ernest LLP offers a team of experienced attorneys uniquely suited to assist its clients in this highly visible and perilous area of law. Headed by a former mining engineer and underground coal miner, the team is ready to assist with administrative and criminal investigations as well as defense of enforcement actions. Rhine Ernest LLP works with its clients proactively, consulting on MSHA regulation compliance and critical training.
Disposal of Coal Slurry and Combustion Waste
Disposal is an area of increasing concern to coal operators and one in which the risks inherent in the coal operator's decisions are great. Rhine Ernest LLP advises its mining clients as to their rights and responsibilities with regard to the disposal of coal slurry and coal combustion waste, whether it be in on-site surface impoundment facilities, off-site disposal facilities, or by underground disposal into mine voids.