The federal government owns about 30 percent of the nation's total surface area, totaling some 650 million acres. Four major federal land management agencies - the United States Forest Service, the Bureau of Land Management, the Fish and Wildlife Service and the National Park Service - are responsible for managing about 95 percent of these lands. Much of the business and leisure activity in the western states is directly attributable to acreage owned and managed by these federal agencies. The great majority of this acreage is located in the states in which Holland & Hart has been active in its practice and has established its offices. These lands are managed for multiple uses including livestock grazing, timbering, mineral production, oil and gas production, recreation, and wildlife habitat.

Holland & Hart attorneys have extensive experience in dealing with federal agencies in negotiations, rulemaking, legislative oversight and judicial intervention. Just as the land itself is unique, so is the ability of Holland & Hart to meet the challenges and take advantage of opportunities that originate with public lands.

Agriculture

Some 270 million acres of the federal lands administered by the Bureau of Land Management and the United States Forest Service are available for grazing by sheep and cattle. Steve Hart, a founder of the firm, was recognized as a leader in agricultural law. Through his knowledge and guidance, he established a legacy at Holland & Hart of service to the agricultural community both in its private holdings and in the utilization of federal lands. Our attorneys work for the livestock industry directly and through our general public land law practice.

The firm has a wealth of experience in the livestock permitting process for public lands and in handling such issues as grazing preference, mandatory qualifications, ownership of range improvements, annual operating plans, resource management plans, land use plans, and special use permits. Our attorneys are particularly well versed in the interplay between the Endangered Species Act, the National Historic Preservation Act, and myriad other environmental statutes, as well as the overarching procedural law contained in the National Environmental Policy Act.

Oil & Gas

Holland & Hart has been active in oil and gas legal matters since its formation in 1947. Our practice involves regulatory and general business advice, transactional work, administrative proceedings and litigation. The firm's oil and gas clients range from small independent producers to a number of the majors who are engaged in both domestic and foreign activities. Among these are clients we advise on a day-to-day basis with respect to their operations, development efforts, regulatory compliance and enforcement matters.

We have worked on numerous projects on public lands located in the Mountain West involving oil and gas leases, farm-outs and farm-ins, operating agreements, joint venture and participation agreements, surface use agreements, geophysical exploration agreements, title opinions, pooling, unitization matters, exploration and development on public and Indian lands, coal seam gas exploration and development, drilling contracts, and related tax matters. Our practice encompasses other areas of the United States, Canada, and abroad.

Enhancing the firm's public lands practice is our administrative and litigation practice relating to energy regulation matters on behalf of interstate pipelines, local distribution companies, industrial end users and producers. We also have substantial experience in administrative and judicial proceedings relating to oil and gas matters before various federal and state courts, the Federal Energy Regulatory Commission, the Bureau of Land Management, the Minerals Management Service, the Interior Board of Land Appeals, various state oil and gas conservation and public utility commissions, and other agencies.

Mining

Josiah G. Holland, a founder of the firm, focused much of his practice on western mining law. Following his leadership, Holland & Hart is involved in virtually all phases of mineral activity, from the acquisition of mining property and the exploration for minerals through the development, extraction, marketing and transportation of mineral resources. Our mining practice includes mining leases and options, title opinions, purchase and sale agreements, workouts, joint ventures, processing and transportation agreements, operating agreements and mineral financing matters. We have performed work on mining projects for domestic and foreign clients in the United States, Latin America, South America, the Pacific Rim, and Canada involving a wide variety of minerals including coal, base metals, uranium, oil shale and geothermal resources.

Holland & Hart attorneys have experience with the legal aspects of mineral exploration and development on public lands. Members of the firm have long been active in public land law issues and have held leadership roles in the Public Land Law Review Commission and other national associations. We also have lawyers with administrative, trial and appellate experience in a wide variety of mining-related matters, including coal supply agreements, leases, and public and private contests as to the validity and ownership of unpatented mining claims. Assisted by Holland & Hart's environmental practitioners, our mining practice group has extensive experience in permitting requirements applicable to mineral exploration and development projects.

Water

The national forests of the United States are home to the headwaters of much of the water available for municipal, agricultural, recreational and wildlife use. Holland & Hart lawyers are well versed in protecting water rights in the western states and, in particular, applying their skills to the tension between state water laws and federal interests.

Our attorneys have experience in buying and selling water rights; changing such rights to new uses and obtaining court approval of plans for augmentation and exchange; litigating to protect the quantity and quality of supplies; and advising and representing clients in a great variety of matters involving the diversion, distribution, storage and use of water. We have experience in water rights matters in many of the western states, primarily Colorado, Idaho, Montana, Nevada, New Mexico, Wyoming and Utah. The firm has been involved in major water rights adjudications in Colorado, Idaho, and New Mexico.

Holland & Hart's water lawyers have recently represented clients before the U.S. Supreme Court, the Tenth Circuit Court of Appeals, various federal courts, state appellate courts, numerous district courts including Colorado's special water court, and administrative tribunals.

We are experienced in the regulation of wetlands and other waters under Section 401 and Section 404 of the Clean Water Act and with state and local restrictions on activities in wetlands. We have participated in administrative proceedings with state water officials, federal resource agencies, and local governmental boards; assisted clients in water quality issues; handled water utility, municipal, and special district matters; and assisted clients in the federal and state permitting processes. We have obtained the requisite permits, licenses and approvals for construction and operation of water and hydroelectric projects.

Environment

Collectively, the Forest Service, the Bureau of Land Management, the National Park Service, and the Fish and Wildlife Service oversee substantial portions of the Mountain West. Together, these agencies manage approximately 35 percent of Colorado, 61 percent of Idaho, 28 percent of Montana, a substantial part of New Mexico, 60 percent of Utah, and 48 percent of Wyomingalmost three hundred million acres. The agencies manage much of these lands for conservation and have established numerous restrictions and regulations governing their use. Often these regulations are environmental in nature.

Our firm has more than 35 lawyers with extensive experience in environmental law. In 2009, the Best Lawyers in America recognized Holland & Hart as the top environmental and natural resources firm in the country. Our environmental group's practice covers matters arising under the Clean Air Act, the Clean Water Act, Safe Drinking Water Act, "Superfund," the Resource Conservation and Recovery Act, the National Environmental Policy Act, the Endangered Species Act, the Migratory Bird Treaty Act, the Fish and Wildlife Coordination Act, the Wilderness Act, the National Historic Preservation Act, the Surface Mining Control and Reclamation Act, the Bureau of Land Management Organic Act and numerous other public land laws, both state and federal. Our environmental work involves diverse projects and problems in nearly every state and the District of Columbia where we regularly advise clients on permitting and compliance matters.

We also assist clients who wish to shape or modify environmental laws and legislation. We are actively involved in virtually all phases of regulatory work under federal and state environmental laws. The firm has assisted individuals, businesses and trade associations in preparing comments to proposed regulations. We help clients assess potential impacts of those regulations and, when necessary, we assist clients in challenging final rules and regulations in court. Holland & Hart's Legislative and Regulatory Affairs Group routinely monitors regulatory activities and advises clients of the status of state and federal legislation. They have also participated, on behalf of clients, in public hearings and meetings relating to the development of legislation and regulation.

Recreation

The Rocky Mountains have, for decades, provided magnificent opportunities for organized and dispersed recreation. With the increased population growth of the Mountain West and the mobility of all Americans, the recreation industry has become a major source of economic activity on public lands. For many years, Holland & Hart has represented the ski and resort industries. As recreation has increased in economic importance in the West, Holland & Hart's involvement in the related legal issues has increased accordingly. We have assisted other recreational industries, including outfitters and guides and outdoor recreation groups, to develop and grow. We assist these clients in obtaining special use permits and concession authorizations from the land management agencies, represent them in appeals of agency management decisions, and advise them on recreational liability issues. An important element of our practice is our ability to facilitate the business of recreation on public lands.