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Andrew Irvine

Andrew A. Irvine, P.C., specializes in environmental and natural resources law, including work in minerals; mining transactions; mine permitting; environmental regulatory compliance and permitting; federal and state public land law; endangered species, migratory birds, and wildlife. We understand the unique environmental and natural resources challenges our clients face and apply our understanding to achieve innovative outcomes.

Mr. Irvine has worked with water resource providers and members of the mining, oil and gas, renewable energy, and other industries, to permit, develop, and run projects across the West. He has assisted businesses to obtain and renew outfitting and guiding permits on public lands. And, he has handled a variety of environmental and natural resources legal matters at the administrative level and in state and federal court. A sample of Mr. Irvine’s representative experience is provided below.

Representative Experience:

Mining, Energy, & Natural Resources:
Counseled clients on mining and public land law issues, including matters related to mineral leasing and the location and maintenance of mining and mill site claims.

Assisted in due diligence review and structuring of royalty transfers, mineral property purchase and sales, corporate acquisitions, and mergers.

Guided calcite onyx mining client through mining claim location; mine acquisition, litigation and permitting.

Negotiated surface use agreements between ranches and oil and gas developers.

Counseled non-profit environmental organization on federal oil and gas law and regulations, to assist with campaign to reduce methane emissions from operations on federal oil and gas leases.

Prepared numerous federal and state mineral title opinions for large potash development.

Served as counsel on Wyoming District Court, Tenth Circuit, Court of Federal Claims, and Federal Circuit litigation concerning Surface Mining Control and Reclamation Act issues.

Acted as expert mining counsel on litigation in Alaska, Montana, and Utah state courts.

Informed clients about source and byproduct material licensing requirements and special uranium mine and mill closure obligations.

Developed unique mineral leasing options for potential potash development.

Supported environmental due diligence reviews for numerous multi-million/billion-dollar mining transactions, including sale of domestic coal business in a transaction valued at $1.3 billion and sale of copper/nickel business in a transaction valued at $2.8 billion.

Defended and prosecuted breach of construction contract, unjust enrichment and collections cases.

Public Lands:
Commented on Bureau of Land Management resource management plan revisions and Forest Service land management plan revisions on behalf of recreation, grazing, mining, energy, and other clients.

Filed reviews with Bureau of Land Management State Director and appeals with Interior Board of Land Appeals for mining, energy, and other clients.

Obtained Forest Service special use authorization for new backcountry ski lodge and guide operation.

Prepared comments for national recreational organization on Forest Service land management plans and Bureau of Land Management resource management plans, and filed litigation against Forest Service over termination of recreational use on Forest lands

Negotiated renewal of Forest Service special use permit for existing whitewater rafting and kayaking operation.

Represented forest users in applications for special use permits and appeals of grazing and special use permits on National Forests.

Prepared administrative appeals and objections to Forest Service decisions.

Environmental & Wildlife:
Guided clients through preparation of, and review and commenting on, environmental assessments and environmental impact statements under National Environmental Policy Act.

Counseled client on PCE cleanup at former dry-cleaners through Wyoming voluntary remediation program.

Advised mining companies, wind energy developers, and oil and gas companies concerning obligations under Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act.

Managed environmental permitting and compliance, and obtainment of federal rights-of-way, for major groundwater pumping and pipeline, and natural gas pipeline projects.

Involved in endangered species litigation concerning contested listings and critical habitat designations.

 Settled alleged Migratory Bird Treaty Act and state mine permit violations at large evaporation mine operation.

 Crafted administrative and legislative proposals to improve Migratory Bird Treaty Act and Endangered Species Act.

Advised on Wyoming Department of Environmental Quality Voluntary Remediation Program and associated liability issues.

Won pro bono litigation regarding National Environmental Policy Act compliance at national wildlife refuge.

Interacted with numerous state and federal agencies concerning permitting and other matters.

Advised clients on variety of environmental and mining issues, including issues arising under Clean Air Act, Clean Water Act; Comprehensive Environmental Response, Compensation and Liability Act; National Historic Preservation Act; and Resource Conservation and Recovery Act.

Andrew A. Irvine, P.C., has extensive experience with the following authorities:

Andrew A. Irvine, P.C., has also worked with the Antiquities Act, Clean Air Act, Clean Water Act, Coastal Zone Management Act, CERCLA (Superfund), Energy Policy Acts, Federal Power Act, Fish and Wildlife Coordination Act, Fisheries Conservation and Management Act (Magnuson-Stevens), Lacey Act, Natural Gas Act, Nuclear Waste Policy Act, Resource Conservation and Recovery Act, Rivers and Harbors Act, and Wild and Scenic Rivers Act, among other federal and states authorities.