Andrew A. Irvine

Andrew Irvine is a seasoned legal professional with nearly 20 years in the mining and energy sectors, specializing in mineral tenure, transactions, and environmental compliance. He has demonstrated mastery in navigating complex legal landscapes, leading to successful project permitting and multimillion-dollar transactions, and is adept at fostering collaborative partnerships and committed to excellence in client service.

Before joining Stoel Rives, Andrew was legal & corporate engagement director for the Extractive Industries Transparency Initiative; and a solo practitioner focusing on permitting, environmental review and compliance, public lands, and wildlife. He was awarded a Fulbright U.S. Scholar to Ecuador, where he investigated and developed regulatory solutions to problems resulting from artisanal and small-scale mining in the country.

Education

Lewis & Clark Law School, J.D., Certificate in Environmental & Natural Resources Law, 2006

Colorado School of Mines, M.S., Mineral Economics, Environment & Public Policy Specialization, 2003

University of Notre Dame, B.S., Geological Sciences, 2001

Admissions

Idaho (Pending)

Colorado

Wyoming

U.S. District Court for the District of Colorado

U.S. District Court for the District of Wyoming

U.S. Court of Federal Claims

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Federal Circuit

Languages

• Led environmental permitting and compliance initiatives for major groundwater development and a multistate natural gas pipeline, expertly navigating complex legal frameworks, administrative review processes, and regulatory compliance under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and other federal and state regulations.
• Directed due diligence for high-value mining transactions, including the financing of a uranium project, asset purchases, and the successful divestiture of $2.8 billion in copper/nickel assets and $1.3 billion in coal assets.
• Successfully challenged the federal government’s application of the Surface Mining Control and Reclamation Act (SMCRA) reclamation fee provision to lignite coal at a major Wyoming mine, securing a favorable ruling for the client in a precedent-setting case.
• Prepared comprehensive federal and state mineral title opinions for a large-scale potash development project in New Mexico and developed innovative mineral leasing options for a potash project in Nevada, ensuring clear title and compliance with the Mineral Leasing Act (MLA) and associated federal regulations.
• Assisted a group of trona producers in southwestern Wyoming in the development and promotion of a conservation strategy for the greater sage-grouse under the Endangered Species Act (ESA), including preparation of ESA Candidate Conservation Agreements (CCAs) and Candidate Conservation Agreements with Assurances (CCAA), as well as associated conservation easements and surface use agreements.
• Designed and led a study on illegal and informal artisanal and small-scale mining (ASM) in Ecuador, analyzing Ecuador’s legal framework on ASM, government enforcement practices, and corruption. Prepared an extensive research report on ASM laws, their effectiveness, and proposed recommendations for reform. Published and presented the findings in a report titled "Artisanal and Small-Scale Mining—Building and Implementing an Effective Legal Framework."
• Defended Rave Construction in Northcutt v. Rave Construction, Inc., CV-2018-162-DC (Dist. Wyo.), securing a favorable settlement in a construction lawsuit involving claims of contract breach and fraud brought by a homeowner against the contractor.
• Briefed and argued Trefren Construction Co. v. V&R Construction, 386 P.3d 317 (Wyo. 2016), before the Wyoming Supreme Court, resulting in a favorable opinion for Trefren Construction and a favorable settlement of contract, collection, and related claims in a dispute with a developer.
• Guided calcite onyx mining client through mining claim location, litigation, mine acquisition, and permitting processes, resulting in Forest Service approval of the Honeycomb Mine Project in Utah, compliant with the Mining Law of 1872, Federal Land Policy and Management Act (FLPMA), and National Forest Management Act (NFMA).
• Litigated Idaho Wool Growers Ass’n and North American Packgoat Ass’n v. Thomas Vilsack, No. 1:08-cv-00394-BLM (Fed. Dist. Idaho 2016), holding the U.S. Secretary of Agriculture and the Chief of the U.S. Forest Service in contempt of court for illegal use of scientific reports in the decision-making process, ensuring compliance with the Administrative Procedure Act (APA) and the National Forest Management Act (NFMA).
• Defeated the State of Colorado Division of Reclamation, Mining, and Safety's claim that a mining and reclamation permit was required for a dinosaur fossil quarry, preventing unnecessary regulatory hurdles and protecting client interests.
• Prepared and filed NEPA comments for a national recreational organization regarding Forest Service and Bureau of Land Management (BLM) resource management plans, and initiated litigation against the Forest Service over the termination of recreational access on Forest Service lands.
• Managed environmental remediation efforts for a client under the Wyoming Voluntary Remediation Program (VRP) for PCE (perchloroethylene) cleanup, achieving successful regulatory closure under state guidelines.
• Negotiated surface use agreements between ranchers and oil and gas developers, and successfully filed and litigated oil and gas liens in state and bankruptcy courts.
• Served as mining law expert in Alaska for litigation related to mining claim disputes, lease agreements, and mineral rights issues.
• Counseled clients on public lands, environmental, and mining law issues, including compliance with the Federal Land Policy and Management Act (FLPMA), the Mining Law of 1872, the Atomic Energy Act (AEA), and special uranium mine closure obligations.
• Guided clients through the preparation and review of environmental assessments (EAs) and Environmental Impact Statements (EISs) under NEPA; won pro bono litigation regarding compliance with the APA and NEPA at a national wildlife refuge, ensuring preservation of bison and environmental protection.
• Assisted with structuring and due diligence for royalty transfers, mineral property acquisitions, mergers, and sales.
• Advised mining, wind energy, and oil and gas companies on compliance with the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA), including resolving MBTA violations at a large lithium mine through negotiation and settlement.
• Litigated Endangered Species Act (ESA) cases, including contested species listings and critical habitat designations, and drafted legislative proposals to improve enforcement under the ESA and the Migratory Bird Treaty Act (MBTA).
• Litigated Wyodak Res. Dev. Corp. v. United States, 737 F.3d 760 (Fed. Cir. 2013), successfully overturning the Court of Federal Claims’ application of the SMCRA reclamation fee provision to lignite coal, securing a favorable decision in the Federal Circuit and clarifying the scope of SMCRA.
• Coordinated with state and federal agencies on permitting, land use, and regulatory matters, including special use permits and applications for forest users under the National Forest Management Act (NFMA) and the Federal Land Policy and Management Act (FLPMA).

Insights & Presentations

Publications

• “From expectations to ESG: Strengthening corporate accountability,” Extractive Industries Transparency Initiative, December 13, 2023
• “Meeting the EITI supporting company expectations: An assessment of current practice,” Extractive Industries Transparency Initiative, June 11, 2021
• “The Electrical Vehicle Movement—How Policy and Regulations are Fueling Momentum and Impacts in the Global Energy and Mining Industries,” Special Institute on International Mining and Oil & Gas Law, Development, and Investment, FNREL, April 1, 2019
• “Artisanal and Small-Scale Mining in Ecuador--Building and Implementing an Effective Legal Framework,” Int'l Mining and Oil & Gas Law, Dev. and Investment, Rocky Mountain Mineral Law Foundation (RMMLF), April 1, 2017
• Scope of Title; Definitions; Administration of Public Lands and Minerals, chapter 3–Federal Lands and Minerals, The American Law of Mining 2nd edition, January 1, 2016
• “Wyoming—Mining,” Mineral Law Newsletter, RMMLF, January 1, 2015
• "Scope of Title; Definitions; Administration of Public Lands and Minerals," in Federal Lands and Minerals, Chapter 3, American Law of Mining, 2nd ed, 2017, 2016
• "Wyoming – Mining," Mineral Law Newsletter, Vol. 34, Nos. 1-4, Vol. 33, Nos. 1-4, Vol. 32, Nos. 2-4, Rocky Mountain Mineral Law Foundation (RMMLF), 2017, 2016, 2015.

Presentations

• “Beyond the Horizon: The Role of Counsel in Driving a Strategic Approach to ESG and Sustainability,” Special Institute on Human Rights, Natural Resources and Energy Law, Foundation for Natural Resources and Energy Law (FNREL), Coral Gables, Florida, April 11–12, 2024
• “Coup you gonna call?—GCs as a quarterback to geo-political risk management” (moderator), African Mining Indaba General Counsel Forum, Cape Town, South Africa, February 8, 2024
• “Breaking the Taboo: a genuine conversation about tackling corruption risks in an increasingly competitive environment,” Investing in African Mining Indaba, Cape Town, South Africa, February 6, 2024
• “Navigating political complexity and enabling effective collaboration on critical mineral supply chains certification,” Future Minerals Forum, Riyadh, Saudi Arabia, January 11, 2024
• “Race to the Top: How EITI Company Disclosures Contribute to ESG Performance,” EITI Global Conference, Dakar, Senegal, June 13–14, 2023
• “The Role of Industry in Driving Effective ESG Performance” (moderator), Special Institute on International Mining and Oil & Gas Law, Development, and Investment, FNREL, Mexico City, Mexico, April 19–21, 2023
• “Leveraging Extractive Sector Transparency – ESTMA and EITI,” Prospectors and Developers Association of Canada (PDAC) Side Event, Toronto, Canada, March 5, 2023
• “Balancing the Triangle of Trust Between Communities, Government and Investors,” Future Minerals Forum, Riyadh, Saudi Arabia, January 11–12 2023
• “Investor Interview: Top ESG Considerations for Those in Finance and Investment,” International Mining and Resources Conference + Expo (IMARC), Sydney, Australia, November 2–4, 2022
• “Working Together to Improve Governance in the Long-term” (moderator), General Counsel Forum—A Legal Indaba, Cape Town, South Africa, May 12, 2022
• “IRAQ IOC Forum: Global Perspective on Company Engagement in the EITI,” IRAQ IOC Forum, Virtual, February 14, 2022
• “Keynote Panel Discussion: Investor Requirements—What Can Countries Considered High Risk do to Attract Investment?” Future Minerals Forum, Riyadh, Saudi Arabia, January 11–13, 2022
• “Levelling the Playing Field: Improving NOC AND IOC Transparency,” EITI Leaders’ Summit: The Future of Energy, Africa Oil Week, Dubai, United Arab Emirates, November 11, 2021
• “How Extractive Companies Can Lead on BOT” (moderator), Beneficial Ownership Transparency Forum, London, United Kingdom, September 7, 2021
• “Qatar Petroleum and the Extractive Industries Transparency Initiative: Implications for State Companies in the Middle East and North Africa,” Natural Resource Governance Institute, Virtual, July 1, 2021
• “March Towards Accountability” (moderator), Extractives General Counsel Forum, Virtual, June 29, 2021
• “Shining Light to Improve Efficiency: Taking the Lead on SOE Transparency,” EITI Leaders’ Summit on Enhancing Transparency of State-Owned Enterprises in the Extractive Industries, Cape Town, South Africa, November 24, 2020
• “Panel Discussion: Sustainability,” General Counsel Forum: A Legal Indaba, Cape Town, South Africa, February 6, 2020
• “Enhancing Transparency in National Oil Companies,” 1st OPEC—ECS—OFID Annual Legal Workshop on Energy, Law and Development, OPEC Secretariat, Vienna, Austria, October 30–31, 2019
• “Workshop with Mining Industry on Beneficial Ownership Transparency,” EITI Workshop, Lusaka, Zambia, October 10, 2019
• “The Role of Institutional Lenders and Investors in Promoting Social and Environmental Responsibility,” International Bar Association 2019 Annual Conference, Seoul, South Korea, September 23–27, 2019
• “Securing Mineral Supply at the Heart of the Electric-Car Boom,”, International Bar Association 2019 Annual Conference, Seoul, South Korea, September 23–27, 2019
• “The Electric Vehicle Movement—How Policy and Regulations Are Fueling Momentum and Impacts on the Global Energy and Mining Industries,” Special Institute on International Mining and Oil & Gas Law, Development, and Investment, Rocky Mountain Mineral Law Foundation, Rio de Janeiro, Brazil, April 10-12, April
• "Artisanal and Small-Scale Mining—Building and Implementing an Effective Legal Framework" (presentation), RMMLF, International Mining and Oil & Gas Law, Development, and Investment, Special Institute, Ecuador, 2017
• "The Plight of the Packgoat: Legal Issues Concerning Removal of Domestic Livestock from Public Lands Across the West" (webinar presentation), Wyoming State Bar, Energy and Natural Resources Section, 2015

• Fulbright U.S. Scholar Award, Ecuador, U.S. Department of State, J. William Fulbright Foreign Scholarship Board, October 2016 – April 2017

Professional

• Co-Chair, Sustainability Committee, Special Institute on International Mining & Energy Law, Development, and Investment, The Foundation for Natural Resources and Energy Law, 2019–2023
• The Foundation for Natural Resources and Energy Law
• Wyoming Mining Reporter, Rocky Mountain Mineral Law Foundation (RMMLF) Mineral Law Newsletter, 2015–2019
• Environment & CSR Committee, Int'l Mining and Oil & Gas Law, Dev. and Investment, Brazil, RMMLF, 2018–2019
• Environment & Sustainability Committee, Int'l Mining and Oil & Gas Law, Dev. and Investment, Ecuador, RMMLF, 2016–2017
• Mining Section Program Committee, International Mining and Oil & Gas Law Special Institute, RMMLF, 2013–2014

Civic

• Board Member, Yellowstone-Teton Clean Cities, designee of U.S. Dept. of Energy Clean Cities Program, 2017–2019
• Mentor, Teton Mentor Project, Teton County School District #1, 2008–2016