Energy & Mining
Whyte Hirschboeck Dudek S.C.’s Energy & Mining Team is a multi-disciplinary group that assists clients with all aspects of energy or mining projects and transactions. The team consists of attorneys experienced with, regulatory approval standards and processes, environmental law, government affairs, litigation, mergers and acquisitions, condemnation and real estate. Our team has deep energy and mining industry knowledge and provides practical advice to meet a client’s goals, budget and schedule.

Our Approach

Our attorneys guide clients through the regulatory, political and judicial processes to meet the client’s project or transaction needs and deadlines.  We know that energy and mining projects require an understanding of the inner working of governmental agencies, therefore our team includes a former legislator, a former Chief of Staff to the Governor and former agency employees.  Our team members have technical experience in a wide range of disciplines to ensure that our services are aligned with the needs of our client’s project.

Team members are experienced in regulatory approvals and processes, project siting, Brownfields development, construction contracting, RFP preparation and evaluation, integrated resource planning, zoning and land use issues, environmental regulatory compliance and enforcement defense, and a variety of other areas. Team members have decades of combined experience to produce innovative results for our clients.

Representative Engagements

  • Negotiate agreements and permit conditions with local municipalities for sand mining and energy clients;
  • Evaluate and advise with respect County of State reclamation permit standards;
  • Obtain PSCW Certificates of Public Convenience and Necessity for the construction of power plants;
  • Obtain a wide variety of environmental approvals or authorizations, including Wis. Stat. Ch. 30 permits (waterway and stream crossing approvals), air permits and discharge permits;
  •  Assist with the preparation of complex state and federal agency regulatory approval applications  for a variety of project;
  • Negotiate prime contractor construction contract for multimillion and billion dollar projects;
  • Prepare environmental analysis and environmental impact statement compliance issues under the Wisconsin Environmental Policy Act and the National Environmental Protection Act;
  • Defend legal challenges to permits issued by state and federal agencies;
  • Prepare applications for, and negotiating terms of, Agricultural Impact Statements required by the State of Wisconsin Department of Agriculture Trade and Consumer Protection for many construction projects;
  • Handle a dispute over the construction of a 240-mile transmission line from Minnesota to central Wisconsin;
  • Sell water, gas, electric and other utility assets to multiple buyers in multiple states;
  • Purchase natural gas service contracts;
  • Challenge local zoning regulations that interfere with the operation and/or maintenance of utility facilities;
  • Acquire by condemnation in both state and federal courts the property rights necessary to construct federally regulated natural gas pipeline projects;
  • Obtain PSCW, DNR and other regulatory approvals for construction of a crude oil pipeline;
  • Evaluate applicability of project’s qualification for renewable energy resource credits;
  • Advise as to the applicability of tax credits or other financial incentives for energy projects;
  • Work with state assemblymen, senators, administrative agency officials and local politicians to educate those groups concerning energy or mining projects or transactions;
  • Negotiate road use agreements with local municipalities for both construction and operational phrases of projects; and
  • Litigate road use damage issues arising out of construction and operational phrases of projects