Environment/Natural Resources

Fabian's attorneys offer in-depth experience in a broad range of subjects in environmental and natural resources law.

Environment

We have extensive expertise in the practice of environmental law. Our experience in environmental administrative practice and toxic tort litigation includes representation of landowners, cities, real estate developers, secured parties, and various potentially responsible parties, at a variety of Superfund and CERCLIS sites, ranging from smelters, factories, and dry cleaning facilities, to municipal landfills.  We have successfully litigated cases concerning insurance coverage for cleanup costs of environmental contamination.  We regularly review Phase I and II environmental site assessments for a number of commercial clients and prepare environmental representations, warranties, releases and indemnifications.  We have addressed groundwater and surface water remediation at sites throughout the United States and have participated in the issuance of NPDES permits and Section 404 permits, as well as stormwater and dewatering permits for major corporations.  We also advise commercial and industrial clients on air quality issues and reporting issues under the Clean Air Act and EPCRA.

Natural Resources

We have a long history of practice in water, public land, oil and gas, and mining law, dating back to Harold Fabian's representation of the Naildriver Mining Company in Park City, Utah, in the 1920's.

Water Rights

Our attorneys regularly represent clients in administrative adjudications before the Utah State Engineer and in administrative applications regarding water rights.  We also prepare title opinions, acquisition agreements, and change applications for water rights throughout Utah and the Western states.

Mining

We represent mining companies on federal public land issues, including 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.  We have extensive experience in the preparation of mineral title opinions, in permitting and bonding issues before the Utah Division and Board of Oil, Gas and Mining, and in reclamation issues under the Utah Mined Land Reclamation Act.  We have represented owners of unpatented and patented mining claims regarding issues of discovery, validity, common/uncommon variety, survey, adverse contest, patenting, and assessment work, under the Mining Law of 1872 and FLPMA.  We are currently representing landowners in negotiating assembled land exchanges with the Bureau of Land Management.

Oil and Gas

We prepare oil and gas drilling, financing, and division order title opinions for various companies in Utah and surrounding states.  We regularly draft oil and gas leases, pooling agreements, operating agreements, farmout agreements, unit agreements, and division orders.  We have represented a variety of landowners and oil and gas producers on issues of title, spacing, pooling, enhanced recovery, and royalty valuation in state and federal courts and before the Bureau of Land Management, the Interior Board of Land Appeals, and the Utah Board and Division of Oil, Gas and Mining.  We have successfully litigated cases regarding title to tar sands properties in Uintah County, Utah, and provided legal support in the acquisition of an oil and gas field in Uintah County, Utah.

Our Environment and Natural Resources expertise includes the following: 

• Environmental Permitting and Compliance
• Brownfields Redevelopment
• Environmental Insurance Coverage
• Public Land Leasing and Permitting
• Mine Permitting and Reclamation
• Water Rights Title, Acquisition and Administration
• Oil and Gas Title, Spacing and Pooling
• Landowners' Royalties
• Lode and Placer Mining Claims

Practice Group Chair:  Rosemary Beless