Mine Permitting: A Lawyer's Perspective

"He?s an SOB, but he's my SOB." Many of us have heard this line in reference to attorneys, and can appreciate the humor. However, the thought reflects a deeper attitude that lawyers should be used for attack purposes in the legal system or the regulatory process. Often, more permitting progress can be made with tact and flexibility than with inflexible, overly aggressive strategies. Usually, administrative hearings or other litigation work to the disadvantage of the applicant. Thus, I have concerns about approaching any permitting system with a hard-line attitude. On the other hand, the project team must always be prepared to defend permit applications and present a legally adequate case at public meetings, administrative hearings, or judicial proceedings. This paper discusses a number of strategies intended to increase the probabilities for successful permitting, whether opposition is informal or highly organized.