Heath L. Waddingham
PEOPLE

Heath L. Waddingham

Partner
waddingham.heath@dorsey.com

Overview

AS AN ATTORNEY IN DORSEY & WHITNEY'S REGULATORY AFFAIRS PRACTICE AREA, HEATH IS DEDICATED TO HELPING CLIENTS ACHIEVE THEIR GOALS THOROUGHLY AND EFFICIENTLY.

Heath’s practice focuses primarily on natural resources and renewable energy.  He represents clients with project acquisition, development, and financing.  Heath represents clients before the Bureau of Land Management, the United States Forest Service, the Interior Board of Land Appeals, the Nuclear Regulatory Commission, and various state regulatory bodies throughout the western United States.  His work involves representing clients in asset purchase and sale transactions, joint venture transactions, earn-in arrangements, royalty transactions, land use and leasing arrangements, mineral leasing, federal and state regulatory approvals, and administrative appeals.

Heath also assists with mergers and acquisitions outside the natural resources area, corporate governance matters, and commercial contracts.  Heath’s pro bono service includes representing individuals in asylum proceedings, defending individuals against illegal debt collection practices, assisting qualifying individuals to seek expungement of their criminal records, and responding to legal questions submitted by qualifying individuals through the American Bar Association’s Free Legal Answers websites for Utah and Wyoming.

Education & Admissions

J. Reuben Clark Law School, Brigham Young University (J.D., 2013), summa cum laude; Order of the Coif; Managing Editor of Administration, Brigham Young University Law Review

Marriott School of Business, Brigham Young University (M. Acc., 2010), High Honors

Brigham Young University (B.S., Accounting, 2010), magna cum laude

Admissions

  • Utah
  • Wyoming
  • United States District Court for the District of Utah

Languages

  • English, Spanish

Experience

Representative Work

Mergers & Acquisitions – Mining 

  • Represented Canadian investor in purchase out of bankruptcy and JV transaction for the Jerritt Canyon Mine in Nevada.
  • Represented Bronco Coal Resources in purchase of the Emery Deep and Hidden Valley coal mines in Utah.
  • Represented Uranium One in sale of the Shootaring Canyon Mill and other uranium assets, located in Utah, Arizona and South Dakota, to Anfield Resource Inc.
  • Represented purchaser in acquisition of Nevada mine holding company.

Mergers & Acquisitions – Renewable Energy

  • Represented independent power producer in the purchase of five solar projects in Utah.
  • Represented independent power producer in the purchase of a wind project in Idaho.
  • Represented private renewable energy company in due diligence review, purchase and finance for large wind project in Ohio.

Mine Finance and Royalty Transactions

  • Represented Mubadala Investment Company in $130 million investment in Equinox Gold Corp.
  • Represented lender in $110 million financing of Nevada gold mine.
  • Represented purchaser in $8 million acquisition of royalty covering South Dakota mine.
  • Represented private company in acquisition and subsequent financing of Arizona mineral property.

Joint Venture Transactions 

  • Represented Kennecott Exploration Company in joint venture transaction with Broadway Gold for the Madison copper-gold project in Montana.
  • Represented private trona mining company in joint development arrangement in Wyoming.

Administrative Disputes and Proceedings

  • Served as counsel before the U.S. Department of the Interior, Interior Board of Land Appeals, in multiple cases involving imposition of penalties with respect to non-producing oil and gas wells.

Mining, Oil & Gas and Land Transactions 

  • Represented major coal company in leasing, permitting, construction and development of mine ventilation facility in Utah.
  • Represented oil and gas companies in leasing and easement arrangements for oil and gas projects.
  • Represented mining companies in property transactions including property purchase and sale agreements, mineral leases, surface use agreements and royalty agreements.
  • Assisted with preparation of title opinions and other title analyses for mining and oil and gas properties.
  • Represented mining companies in various property transactions including property purchase and sale agreements, mineral leases, surface use agreements, overstrip agreements, well suspension agreements, data sale agreements and royalty agreements relating to properties located throughout the western United States.
  • Assisted various mining clients with bonding and self-bonding issues in Utah, Wyoming and Nevada.

Pay for Success

  • Represented financial and legal intermediary for two PFS projects for Salt Lake County addressing criminal justice and homelessness.

Miscellaneous Transactions

  • Represented a crafts company in negotiating a purchase and sale agreement.
  • Represented a hospital in connection with the acquisition of various healthcare facilities.
  • Represented a healthcare technology company in the acquisition of a provider of patient engagement software and scheduling solutions.
  • Represented a LASIK product manufacturer in the acquisition of a competing LASIK manufacturer.
  • Represented a private equity firm in the acquisition of an urgent care center chain.

News & Resources

Articles

Treatise: Wilderness, in AMERICAN LAW OF MINING, SECOND EDITION, co-author
Treatise: Wilderness, in American Law of Mining, Second Edition (2015), co-author
Treatise: Energy and the Environment, in ENERGY LAW AND TRANSACTIONS, co-author

News & Press Mentions

Dorsey & Whitney Names New Partners
Dorsey Wins 2016 Turnaround Atlas Award for Judicial Restructuring of the Year
Dorsey Wins 8th Annual International M&A Award
Dorsey Wins 10th Annual M&A Advisor Turnaround Awards
Dorsey Wins 14th Annual M&A Advisor Award for Real Estate Deal of the Year

Select Presentations

  • Presentation: “Hard Rock Title Considerations,” Utah Association of Professional Landmen, Monthly Luncheon, Salt Lake City, Utah, November 2019
  • Presentation: “Mining Law Updates,” Utah State Bar Energy, Natural Resources & Environmental Law Section, Annual Update Meeting, Salt Lake City, Utah, May 2019
  • Presentation: “State Mine Permitting for Hardrock Operations,” American Exploration & Mining Association, Annual Meeting, Spokane, Washington, December 2018 (co-presenter, Idaho and Utah permitting)
  • Presentation: “Mining Law Updates,” Utah State Bar Energy, Natural Resources & Environmental Law Section, Annual Update Meeting, Salt Lake City, Utah, May 2018
  • Presentation: “Mining Law Updates,” Utah State Bar Energy, Natural Resources & Environmental Law Section, Annual Update Meeting, Salt Lake City, Utah, May 2017
  • Presentation: “Mining Law Updates,” Utah State Bar Energy, Natural Resources & Environmental Law Section, Annual Update Meeting, Salt Lake City, Utah, May 2016
  • Presentation: “Mining Law Updates,” Utah State Bar Energy, Natural Resources & Environmental Law Section, Annual Update Meeting, Salt Lake City, Utah, May 2015
  • Presentation: “Mining Law Updates,” Utah State Bar Energy, Natural Resources & Environmental Law Section, Annual Update Meeting, Salt Lake City, Utah, May 2014

Industries & Practices

  • Closely Held Businesses
  • Cooperative Law
  • Corporate Governance & Compliance
  • Development & Infrastructure
  • Energy & Natural Resources
  • Environmental
  • Food, Beverage & Agribusiness
  • Mergers & Acquisitions
  • Mining
  • Oil & Gas
  • Project Development & Finance
  • Real Estate & Land Use

Professional & Civic

Professional Achievements

  • American Bar Association
  • Salt Lake County Bar Association

Community Involvement

  • Utah State Bar Energy, Natural Resources & Environmental Law Section
    • Section Treasurer, 2019-2020
    • Mining Law Committee Chair, 2014-2019
  • Rocky Mountain Mineral Law Foundation
  • American Exploration & Mining Association
  • J. Reuben Clark Law School Alumni Association work

Accolades

Contributed 50+ Pro Bono Hours in 2020

  • Contributed more than 50 Challenge pro bono hours, 2020
  • Dorsey & Whitney Scales of Justice Award for substantial contributions to pro bono work, 2019
Heath L. Waddingham