Overview

Energy Law Attorneys Serving Lexington, Louisville and Beyond

Coal supplies more than half of the electricity in the United States and nearly all of the electricity in Kentucky, the third largest coal-producing state in the country. As massive as this industry is, it is not surprising that utilities and coal companies deal with an array of transactional, regulatory and litigation challenges in their day-to-day operations. Our firm has a proven record of helping clients overcome regulatory challenges, and all other challenges for that matter, including:

• Surface Mining Control and Reclamation Act of 1977 (SMCRA) issues
• Surface mining permits
• Cap and trade issues
• Coal broker agreements
• Coal supply agreements
• Coal litigation

Having represented businesses in the coal industry for decades, the law firm of McBrayer has a proven record of meeting the needs of coal industry clients across the state.

Business And Corporate Law In The Coal Industry

Our firm handles all of the general corporate work that must be done for coal companies. This includes operational and transactional matters such as sales, leases, asset purchases, overriding royalty arrangements, and mergers and acquisitions. We take pride in being the one-stop law firm that businesses in this unique industry can turn to for assistance with all of their legal needs.

James Frazier, Managing Member, has completed a number of major transactions on behalf of coal industry clients. A small sample of these includes:

• $140 million acquisition of coal mining assets
• $860 million sale of coal company assets
• $42 million sale and leaseback of coal mining property and processing facilities

Transactions in the coal industry must be prepared with complex coal mining regulations in mind. Our lawyers have deep knowledge of state and federal regulations, including the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This knowledge allows our firm to create coal broker agreements, coal supply agreements and other deals that will stand the test of time. We frequently counsel clients on cap and trade issues and help them obtain surface mining permits, as well.

Coal Litigation

When disputes arise within the coal industry, our law firm is frequently called in to resolve them. From property damage claims to disputes over coal supply or broker agreements, our goal is to find a solution. We are not interested in the continuation of conflict, meaning that we will not overlook non-trial options, such as mediation.

While negotiation can certainly be an effective way to resolve coal litigation, we understand that it is not always going to be successful. Clients know this as well. For this reason, they want to be represented by true trial attorneys, which they find at our law firm. Our experience goes beyond doing paperwork. We have a record of success in front of judges and juries.

Take The First Step To Success

To discuss your company's legal needs with one of Kentucky's premier energy law firms contact us online. With law offices in Lexington and Louisville and a government relations practice in Frankfort, we are equipped to handle coal and energy law issues across Kentucky and beyond.