Coal & Energy

Kentucky remains a cornerstone of the Central Appalachian coal region, and the industry continues to be a vital part of the Commonwealth’s economy. However, the inherent volatility of energy prices, shifting global demand, and a constantly evolving regulatory landscape often require coal companies, contract miners, and industry suppliers to strategically restructure their obligations or navigate complex litigation.  The coal industry has been in decline for a number of years and the Eastern District of Kentucky has seen a large number of complex coal company chapter 11 proceedings. 

Gartland Thacker DelCotto PLLC offers deep-rooted experience representing a diverse range of constituencies in the coal sector, including debtors, creditors, asset purchasers, lessors, shareholders, landowners, and official committees of unsecured creditors.  

Our team understands the high-stakes issues that define the industry, providing proactive counsel on:

• Sureties & Bonding – We evaluate current bonding status and requirements, assess the risk of bonds being called, and analyze the collateral structures supporting these critical obligations to ensure continued operations.  We often work closely with the bonding companies to reach consensus. 
• Reclamation & Environmental Compliance – We navigate the complexities of reclamation obligations and the status of any violations and remediation requirements. Our attorneys interface with state and federal regulators to address violations and manage the costs associated with the ongoing requirements for environmental stewardship.
• Permitting & Regulatory Actions – We provide guidance on administrative actions involving permit restrictions and the transferability of permits in Section 363 sales. We also review and advise on MSHA (Mine Safety and Health Administration) compliance and pending violations and claims status. 
• Coal Supply Agreements (CSAs) – We analyze the viability of long-term and short-term supply contracts, determining their impact on liquidity and the strategic advantages of contract assumption or rejection during restructuring.
• Mineral & Equipment Leasing – Our firm handles complex lease disputes, including pre-petition terminations, assumption and cure costs, and the distinct legal treatments of equipment leases and mineral rights in a distressed environment.  Matching the permits to the specific leasehold interests is crucial and detail-driven. 

Gartland Thacker DelCotto’s experience in numerous legal proceedings in the coal industry allows us to guide clients through high-stakes transitions and protect their interests in a complex, multi-party environment. To discuss your specific needs, call us today at 855-649-8289 or email our team to schedule a consultation.