Lexology In Depth: Article by Nicholas Johnson and Jonathan Deem on Mining Leases in the United States

Bailey Glasser partners and mining industry authorities Nicholas S. Johnson and Jonathan S. Deem have published a specialist article for the 14th edition of Lexology In-Depth: Mining Law titled “Mining Leases in the United States: The Case for Diligent Development.”  

In this article, Nick and Jonathan explore the unique legal framework of coal mining leases in the U.S., highlighting their dual nature as both conveyance instruments and contracts, and examines the critical obligation of lessees to diligently mine and develop leased properties, ensuring royalties for lessors. ​

The piece also reviews key legal cases, including Bruce McDonald Holding Co v. Addington, Inc., which underscores the importance of addressing lessee obligations and the consequences of lease loopholes with additional legal insights into major mining states like West Virginia, Kentucky, Virginia, Ohio, and Pennsylvania.

Nicholas Johnson is Bailey Glasser's Practice Area Leader of the firm's national and award-winning Corporate, Commercial and Environmental Litigation, Bankruptcy & Business Reorganization, and Criminal Defense & Internal Investigations Practice Areas. Jonathan Deem is Bailey Glasser's Corporate Practice Group Leader where he manages mergers and acquisitions, commercial real estate, private equity, corporate finance, entrepreneurial, and energy and natural resources transactions. Both are ranked by Chambers & Partners, and have deep experience in the mining industry, including Nick's work as in-house counsel for Foresight Energy. 

Nick and Jonathan assist their energy clients in mineral development, commercial litigation, and transactional work across the energy and natural resources sector. Their combined backgrounds span royalty disputes, high-stakes property litigation, mergers and acquisitions, insurance recovery, and complex commercial transactions, gives them a deep understanding of how diligence clauses play out from both a legal and operational perspective. Learn more about Bailey & Glasser's comprehensive energy work here.

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