Karol Kahalley

Karol assists clients in conducting due diligence, examining mineral title, drafting and negotiating acquisition, sale, joint venture, lease, royalty and access agreements. She advises clients on day-to-day operations and compliance with state and federal laws and regulations. She represents clients in quiet title actions, contract disputes, and defends clients in disputes with federal and state agencies. Karol’s work addresses natural resources including precious minerals, uranium, coal, lithium, rare earth minerals, potash, sand, gravel, aggregates, wind, solar, and geothermal resources.

She has considerable federal Native American and tribal law experience, advising clients on tribal jurisdiction and representing clients in negotiations with tribes and before federal and tribal forums regarding leases, rights-of-way, TERO compliance, and reclamation on tribal lands.

Karol has been an active member of the Rocky Mountain Mineral Law Foundation since 1995 and has presented and published papers at the Foundation’s annual and special institutes. She is an adjunct professor at the Sturm College of Law at Denver University teaching the International & Comparative Mining Law course.

Karol has extensive experience advising clients investing in or developing mineral resources on matters including:

• Conducting due diligence for the acquisition and sale of mineral properties
• Locating and maintaining rights under federal mining claims
• Obtaining leases and mineral sales contracts on private, public, and tribal lands
• Examining title to mineral properties and preparing title opinions
• Negotiating, drafting, and interpreting a variety of agreements relating to the sale, acquisition, development, and financing of mineral operations, including joint ventures, leases, royalties, and the formation of LLCs
• Advising resource producers on mineral conveyances, mine permitting, environmental remediation, and regulatory compliance with federal, state, and tribal laws and jurisdictional issues
• Assessing mineral assets in bankruptcy proceedings on private, public, and tribal lands

Karol deftly guides clients through federal Indian and tribal law impacting the development and financing of natural resource projects on tribal lands including:

• Negotiating agreements with tribes to meet the legal and cultural requirements applicable to mining and renewable resource operations
• Financing mining operations
• Bankruptcy issues related to operator rights held under leases and rights-of-way
• Developing agreements with and for Alaska Native Corporations
• Determining jurisdiction and navigating project development and compliance with laws and regulations whether tribal, federal, and/or state
• Determining the appropriate agreements required for obtaining mineral rights and surface access on lands within the boundaries of an Indian reservation which may be owned by tribes, allottees, private parties, or federal or state governments

• American Bar Association, 1995-present
• Colorado Bar Association, 1995-present
• Denver Bar Association, 1995-present
• Denver University Sturm College of Law, Adjunct Professor for International Mining Law and Policy course, 2010-present
• The Foundation for Natural Resources and Energy Law, Member, 1995-present
• Prospectors and Developers Association of Canada, Member, 2012-present
• The Foundation for Natural Resources and Energy Law, Annual Program Co-chair, Mining Section, 2018
• International Bar Association Mining Committee, Model Mine Development Agreement Project, Contributor, 2010-present, www.mmdaproject.org
• AMPLA Model Royalty Deed, Review Committee, 2013-present
• Women In Mining, 2015-present