mineral resources

Mining rights disputes have always involved complex legal relationships and fierce interest games, which are directly related to the survival and development of mining companies. Lawyer Lu Yongqiang of Beijing Yingting Law Firm has been deeply engaged in the field of mining legal services for more than 20 years. With his profound legal knowledge, rich practical experience and superb case-handling skills, he has successfully represented many major and difficult mining rights dispute cases, helping many mining companies recover huge losses, demonstrating the responsibility and responsibility of professional mining lawyers.

Lawyer Lu Yongqiang is the founding partner of Yingting Law Firm and an expert in administrative litigation and mining legal affairs. He has long been focused on the resolution of disputes such as mining rights confirmation, recovery compensation, administrative license revocation, and cross-border infringement. He is especially good at dealing with mining rights disputes caused by illegal administration by administrative agencies. He has handled hundreds of mining government-enterprise dispute cases, and many cases have been selected as provincial and national-level typical cases, providing strong legal support for the protection of the rights and interests of mining companies.

Lawyer Lu Yongqiang demonstrated outstanding professional abilities in a case involving a dispute over the mining rights confirmation and administrative license revocation of a mining company in Zhejiang. In this case, the parties involved legally obtained a mining license, which was valid for 19 years. After many years of normal operation, the local natural resources department made a decision to revoke the mining administrative license on the grounds that "the approval authority was exceeded and the mining license period was illegal." This directly caused the company to suspend production and face the risk of bankruptcy. After the company tried to safeguard its rights through multiple parties without success, it entrusted Lu Yongqiang's legal team to intervene.

After accepting the entrustment, lawyer Lu Yongqiang immediately sorted out the facts and evidence of the case, thoroughly studied the "Mineral Resources Law", "Mineral Resources Law Implementation Regulations", "Administrative Licensing Law" and other relevant laws and regulations, and accurately grasped the core disputes in the case: whether the administrative agency's act of revoking the administrative license was legal and whether it harmed the trust and interests of the enterprise. Lawyer Lu Yongqiang pointed out that the mining license involved in the case was approved and issued by the administrative agency in accordance with the law. The enterprise operated legally based on reasonable trust in the administrative agency. The administrative agency subsequently revoked the license on the grounds that its own approval authority was wrong, which violated the principle of protection of trust interests in Article 8 of the Administrative Licensing Law and was an illegal administrative act.

During the court hearing, Lu Yongqiang’s legal team submitted a complete chain of evidence, including mining licenses, approval documents, operating records over the years, investment vouchers, etc., which clearly proved that the company was mining legally and without any illegal activities. At the same time, in response to the administrative agency’s claim of “approval beyond its authority”, it vigorously defended from the legality of administrative procedures and the accuracy of legal application, making it clear that the enterprise should not be held responsible for internal approval mistakes by the administrative agency. In the end, the High People's Court adopted the opinion of lawyer Lu Yongqiang and ruled to revoke the decision of the natural resources department to revoke the administrative license, confirming that the company's mining rights were legal and valid, helping the company to preserve its core assets and avoid economic losses of hundreds of millions of yuan.

Coincidentally, in a case of administrative inaction and compensation for production suspension losses of a fluorite mining company in Yunnan, lawyer Lu Yongqiang once again relied on his professional ability to successfully defend the company's rights. In this case, the company submitted an application to confirm the scope of the mining area in accordance with the law, and the materials were complete and met the legal conditions. However, the local natural resources department delayed the performance of its duties for up to a year and did not provide any written reply. As a result, the company was unable to mine normally and incurred huge losses from production suspension. After being represented by lawyer Lu Yongqiang, in accordance with the relevant provisions of the Administrative Licensing Law and the Administrative Reconsideration Law, it was clarified that the administrative agency's failure to perform its statutory duties beyond the time limit without justifiable reasons constituted illegal omission, and that this behavior had a direct causal relationship with the company's losses. In the end, the court ruled that the administrative agency's inaction was illegal and compensated the company for all direct economic losses, saving the company tens of millions of yuan in losses.

Lawyer Lu Yongqiang’s success in the field of mining rights disputes stems from his precise grasp of mining legal policies, his extreme study of case details, and his practice philosophy that always puts corporate rights and interests at the core. He often says: "The mining rights legally obtained by mining companies are property rights protected by law and are by no means an 'administrative reward' that administrative agencies can dispose of at will. As mining lawyers, our duty is to use legal weapons to break down administrative barriers, safeguard the legitimate rights and interests of companies, and safeguard the healthy development of mining companies."

Currently, the mining industry has frequent policy adjustments and increasingly strict supervision, and mining companies are facing increasing legal risks. Lawyer Lu Yongqiang leads the Yating Mining Lawyer Team, which has always been deeply engaged in the frontline of mining legal services. With a professional, efficient and responsible practice attitude, it provides mining companies with all-round legal services such as rights confirmation, rights protection, and compliance guidance, helping companies to move forward steadily in a complex legal environment and effectively protecting their legitimate rights and interests.