Thomas A. Henry
Partner

Tom Henry’s practice focuses on mining, land use, oil and gas, and environmental permitting and review issues.   He has worked on numerous mining projects during his career on issues such as mine permitting, due diligence for acquisitions, title issues, hazardous waste issues, and reclamation plans and permits.  He has worked for multiple oil and gas companies on title issues, permitting issues and regulatory compliance and review issues.

Tom has worked on U.S. Bureau of Land Management (BLM) plans of operation, road and utility rights-of-ways, State Lands Commission exploration permits, streambed alteration agreements/wetlands (404 and 401) permits, waste discharge requirements, endangered species act permits; federal mining claim issues, title issues, and California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of EIRs, EIS’, mitigated negative declarations and EA/FONSI’s.

Tom also advises mining and oil and gas companies on title issues and has drafted multiple title opinions, including division order title opinions. He also advises oil and gas companies on regulatory compliance issues related to operations and acquisitions, including acquisition bonding requirements under AB 1167 and production setback requirements under SB 1137, as well as land use permitting issues.

Professional Honors

• Included in The Best Lawyers in America© (currently: Oil & Gas Law), 2012-2024

Experience

Aggregate, Industrial Mineral and Metallic Mineral Mines

• Permitting and Compliance
  • Gold mine in Imperial County (amended use permit; CEQA review; Surface Mining and Reclamation Act (SMARA) vested rights analysis; Fish and Game Code Section 1602; NEPA)
  • Aggregate mine in Fresno County (SMARA; use permit; reclamation plan; reclamation plan appeal to State Mining and Geology Board; CEQA; title examination)
  • Aggregate mine in Fresno County (SMARA; use permit; reclamation plan; CEQA)
  • Aggregate operation for levee improvement authority (SMARA; reclamation plan; CEQA review; resolution of notice of violation before State Mining and Geology Board)
  • Vested mining rights analysis and determination for silver mine in San Bernardino County
  • Aggregate mine in Tehama County (appeal of notice of violation and use permit revocation; reclamation plan amendment; use permit amendment; conduct extensive arbitration with landowner/lessor, including hearings and settlement)
  • Aggregate mine in Ventura County (appeal of notice of violation involving State Mining and Geology Board; vested rights review; lawsuit relating to AB 3098 listing and resolution with Office of Mine Reclamation)
  • Industrial Sand mine in Amador County (use permit amendment; CEQA review)
  • Aggregate mine in Mendocino County (SMARA; permitting advice; vested rights)
  • In-stream mining operation in Yuba County (Fish and Game Code Section 1602 compliance advice and resolution of alleged violation; CEQA)
  • Aggregate facility in Yuba County (SMARA vested rights)
  • Rare earth mine in San Bernardino County (SMARA backfill analysis; acquisition advice)
  • Silver mine in San Bernardino County (CEQA, SMARA, backfill analysis)
  • Aggregate mine in Shasta County (CEQA, SMARA)
  • Discovery challenge for gold mine on federal mining claims in Northern California
  • IBLA appeal of notice of noncompliance for federal mining claims in Nevada
  • Sand mine in Santa Cruz County (SMARA, Endangered Species Act)
• Transactional Due Diligence (purchase and sale, leasing):
  • Negotiated conveyance for acquisition of gold mine in San Bernardino County
  • Advised on California mining issues related to merger agreement for rare earth mining company in preparation for initial public offering
  • Negotiated mining lease for aggregate mine in Sacramento County
  • Negotiated mining lease for aggregate mine in Southern California region
  • Special counsel on mining and title issues related to rare earth mine bankruptcy in San Bernardino County
  • Due diligence review related to aggregate mine acquisition in Shasta County
• Mineral title examination on private land and unpatented placer mining claims, lode mining claims and mill site claims:
  • Mineral title opinion for rare earth mining involving federal mining rights
  • Title analysis for federal mining claims and private lands for silver mine in San Bernardino County
  • Title analysis for federal mining claims and private lands for gold mine in Imperial County
  • Title for gold mine acquisition on private lands in Mariposa County
  • Title for rare earth mine acquisition for federal mining claims and private lands in San Bernardino County
  • Title for gold mine acquisition for federal mining claims in San Bernardino County
  • Title for acquisition of gold mine on private lands in San Bernardino County
  • Title analysis for federal mining claims in Shasta County relating to uncommon minerals

Oil and Gas Exploration and Production

• Rendered multiple title opinions on producing and non-producing oil and gas properties throughout California:
  • Complex division order title opinions and division of interests, ranging in size from a few mineral owners to 250-plus mineral owners
  • Drilling title opinions for vertical and horizontal wells
  • Division order title opinions involving unitized gas production from mixed private and BLM lands
• Advised on acquisition due diligence, including:
  • Acquisition of private leases, mineral fee lands and federal leases in Kern County
  • Acquisition of private and federal oil and gas leases in Northern California
• Drafted, negotiated and advised on compliance with joint operating, farm-out/in, pooling and other agreements related to exploration and production
• Advised on compliance with CEQA and SB 4 well stimulation permitting laws
• Advised clients with regard to AB 1167 (acquisition bonding requirements) and SB 1137 (setback requirements)

Residential, Commercial and Vineyards

• Represented client as to compliance with CEQA and ESA habitat designation issues for large-scale residential/mixed use project in Los Angeles County
• Represented client as to compliance with CEQA for housing development in Southern California
• Represented vineyards in obtaining Section 401 certification, compliance with CEQA, and streambed alteration agreement
• Assisted various clients facing potential enforcement actions by the California Department of Fish and Wildlife for alleged violations of California Fish and Wildlife Code Sections 1602, 5937
• Represented private club in resolving dispute with the California Department of Fish and Wildlife involving compliance with Section 1602 and CEQA

Public Agencies

• Represented county regarding reclamation plan amendments and CEQA  review for multiple aggregate mines
• Represented levee improvement authority on SMARA/CEQA compliance before State Mining and Geology Board
• Represented irrigation district in obtaining Section 401 certification, CEQA exemption and Section 1602 compliance

Climate Change / Carbon Offsets

• Advised fuel suppliers regarding compliance with AB 32 Cap and Trade Program, including training for reporting of emissions and acquisition of greenhouse gas allowances
• Advised client regarding development of carbon offset program under Climate Action Reserve carbon offsets programs

Memberships

• California Construction and Industrial Materials Association, Member
• The Foundation for Natural Resources and Energy Law, Member

EDUCATION

• University of California, Davis, School of Law (J.D., 1998)
• University of Texas, Austin (B.B.A., 1982)

Articles & Presentations

• Bakersfield Association of Professional Landmen, “Uncertainty in the California Regulatory Environment:  A Review of Ventura County and State Efforts to Stop Oil and Gas Projects”
  October 2020
• Mining.Com, Unintended Environmental Consequences of Mining Regulation
  March 2018
• North State BIA Forward Planning Seminar, “New CEQA Developments”
  February 2018
• CalCIMA Annual Education Conference, “Federal Lands: Permitting in the Wild, Wild West”
  November 2017
• North State BIA Forward Planning Seminar, “New CEQA Developments”
  February 2017
• 34th Annual West Coast Landmen’s Institute, “Surviving the Drought: Why You Should Care About California Water Rights and Regulation”
  September 2016
• Sacramento Petroleum Association Lunch Meeting, “How California’s New Groundwater Management Rules Might Impact Your Business”
  August 2016
• 62nd Annual Rocky Mountain Mineral Law Institute, “Crossing the Community Property Border”
  July 2016
• Private Client, “What California’s New Groundwater Management Requirements Mean For You”
  June 2016
• 2016 Real Property Law Section Retreat, “The California Supreme Court: Reforming CEQA from the Bench”
  May 2016
• Stoel Rives Mining Law Webinar, “Why California’s New Groundwater Management Law is a Game Changer for Mine Operators”
  April 2016
• CalCIMA Education Conference, “Integrating the AB 32 Cap and Trade Program into Your GHG Permitting Strategy”
  November 2015
• Stoel Rives Water Law Webinar, “Surface Water Diversions Under F&G Code Section 1602 – The Landscape has Changed”
  July 2015
• Stoel Rives LLP, “A Compliance Handbook for SB 4 – California’s Well Stimulation Permitting Law” Third Edition and “SB 4 Compliance Flowchart,” (co-author)
  July 2015
• State Mining and Geology Board meeting, “Challenges Associated with California’s Pit Backfill Requirements”
  June 2015
• Law360, “Calif. Seems Set To Solve Split On Oil Rail Shipments”
  February 2015
• Co-Presenter, “Title Issues in Mine Leasing and Acquisitions and Their Potential Impacts on Permitting and Operations,” San Diego, California, Nov. 4, 2014
• CalCIMA Education Conference, “Review of the ‘Typical’ California Oil & Gas Lease,” 32nd Annual West Coast Landmen’s Institute
  October 2014
• Stoel Rives Webinar, “California SB 4 Compliance Update: Practical and Legal Implications of the DOGGR Interim Regulations for Operators in 2014”
  March 2014
• Stoel Rives Seminar, “Getting Ready for SB 4: California’s New Well Stimulation Permitting Law”
  December 2013
• 31st Annual West Coast Landmen’s Institute, “The Not So Good, the Bad and the Ugly – What Every Landman Needs to Know About Community Leases”
  September 2013
• Kern County Bar Association, “Strategies for Complying with California’s Cap & Trade Program”
  December 2012
• Infocast California Oil Summit, “Oil and Gas Exploration and Production of Private Lands in California”
  December 2012
• Stoel Rives LLP, “California’s Cap and Trade Program under AB 32 – a Primer“
  December 2012
• 30th Annual West Coast Landmen’s Institute, “How to Use a Title Opinion”
  September 2012
• California Construction and Industrial Materials Association Annual Education Conference, “Off or On? Examining OMR’s AB 3098 Listing Procedures”
  October 2011
• 29th Annual West Coast Landmen’s Institute, “CEQA—Its Role In and Effect On the Permitting Process”
  September 2011
• Industrial Mineral Association-North America Annual Meeting & National Industrial Sand Association 75th Anniversary Celebration, “Regulatory Trends in California”
  September 2011
• Bakersfield Association of Petroleum Landmen, “Resolving Conflicts Between Oil and Gas and Renewable Energy Development”
  January 2011
• 28th Annual West Coast Land Institute, “AB 32 and SB 97: California’s Laws Regulating Greenhouse Gas Emissions and Climate Change and Their Related Impacts on Project Timelines and Permitting”
  September 2010
• The Daily Journal, “State Supreme Court Sets Environmental Baseline”
  April 2010
• Bakersfield Association of Petroleum Landmen, “Landman Harry’s Adventure in California’s Land Use Jungle”
  November 2009
• Lorman Education Services, Zoning and Land Use in California, “National Environmental Policy Act” and “Wetlands Regulations”
  2005
• American Association of Professional Landmen, “2004 Mining Law Update”
  2005
• American Association of Professional Landmen, “2003 Mining Law Update”
  2004
• American Association of Professional Landmen, “2002 Mining Law Update”
  2003
• Construction Materials Association Conference, “Streambed Alteration Agreements and Notifications”
  2003
• Public Lands Section, American Bar Association, “2000 Year in Review”
• Construction Materials Association of California Operators Conference for the Construction Materials Industry, “How to Avoid a Prop. 65 Lawsuit”
  1999
• Public Lands Section, American Bar Association, “1999 Year in Review”