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Overview

Andrew handles commercial litigation involving breaches of contracts, fraud and misrepresentation, and real-property disputes for the Food and Agribusiness and Energy and Natural Resource industries.

A fierce and knowledgeable advocate for clients in the oil and gas and natural resource industries, Andrew routinely tackles complex and technical cases in state and federal courts. He coordinates customized strategies for clients at every stage of litigation, from discovery and eDiscovery, pre-trial motions, deposition and cross-examinations of fact and expert witnesses, and preparing a variety of fact and expert witnesses for trial.
 
In addition to his commercial litigation practice, Andrew counsels clients on a variety of state and federal environmental and regulatory matters. He has represented clients in enforcement proceedings before the Colorado Oil and Gas Conservation Commission (COGCC) and in disputes before the Interior Board of Land Appeals (IBLA). Andrew also advises clients on environmental compliance issues involving the:

  • National Environmental Policy Act (NEPA)
  • Federal Land Policy and Management Act (FLPMA)
  • Resource Conservation and Recovery Act (RCRA)

Andrew is a native Coloradoan who began his career in the oil and gas industry as a broker for his father’s land services company. He has also worked as a landman in North Dakota, Colorado, Utah and Montana. 
 


Industry

Services

Education

  • J.D., Seton Hall University School of Law
    • Environmental Law Society, Vice President
  • B.A., The George Washington University
    • Political Science
    • Dean's List

Admissions

  • Colorado
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, Tenth Circuit

Professional Associations and Memberships

  • Rocky Mountain Pipeliners Club, Officer
  • Colorado Bar Association
  • Rocky Mountain Mineral Law Foundation
  • Western Energy Alliance

Experience

Commercial Litigation

  • Successfully conducted the oral argument before the Tenth Circuit Court of Appeals concerning Fed. R. Evid. 702 issues and contract-formation issues involving elections to participate and joint operating agreements in Bill Barrett Corp. v. YMC Royalty Co., LP, 918 F.3d 760.
  • Served as trial counsel for regional oil and gas client, obtaining federal jury verdict awarding one of largest monetary verdicts in state of Colorado in 2017.
  • Successfully dismissed opposing side's oil and gas expert during voir dire in federal court, contributing to jury verdict in client's favor.
  • Served as first chair in five-day federal jury trial, prosecuting precedent-setting breach of contract claims and defending against counterclaims of fraud and negligent misrepresentation.
  • Successfully conducted appellate argument before North Dakota Supreme Court in defense of client's summary judgment victory concerning deed interpretation and jurisdictional issues of first impression in North Dakota.
  • Second chaired five-day federal jury trial, defending against claims of bad faith trespass, tortious interference, conversion, civil theft and for permanent injunctive relief on behalf of Colorado oil and gas company.
  • Defended a Colorado oil and gas company against claims of breach of contract, breach of duty of good faith and fair dealing, breach of fiduciary duty, and for an accounting.
  • Defended against claims of fraud and for declaratory judgment relating to ownership of oil and gas interests, and obtained decision affirming dismissal of case and award of appellate attorneys' fees from Colorado Court of Appeals.
  • Dismissed claims of trespass, fraud, breach of fiduciary duty, conversion, seeking judicially supervised winding up of partnership, and for an accounting, and obtained opinion affirming dismissal from Colorado Court of Appeals.
  • Defended against claims of trespass by ranch owner against oil and gas geological services entities.
  • Prosecuted claims of breach of contract and unjust enrichment seeking payment of oil and gas well development and operational costs.

Federal Lands and Environment

  • Defended against National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA), and Clean Air Act (CAA) challenges to Environmental Impact Statement (EIS) and Environmental Assessment (EA) level projects on public lands in Utah.
  • Defended client against Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) claims arising from oil spill in Gulf of Mexico in federal court in Louisiana.
  • Prepared amicus curiae brief for the Tenth Circuit Court of Appeals regarding surface access and use within federal oil and gas units.
  • Defended and prosecuted challenges to Bureau of Land Management oil and gas lease sales, application for permit to drill approvals and EA approvals before Interior Board of Land Appeals (IBLA) and Utah State Director.
  • Prepared comments on behalf of oil and gas companies and industry trade association regarding proposed onshore federal regulations and EIS approvals.

Commission and Regulatory

  • Represented oil and gas companies before Colorado Oil and Gas Conservation Commission (COGCC) for notices of alleged violations and enforcement matters.
  • Defended against challenges to spacing and pooling applications and waterflood stimulation program before COGCC.
  • Represented oil and gas companies before COGCC seeking orders establishing drilling and spacing units and to obtain statutory pooling.

Transactional and Title

  • Incorporated nonprofit charitable and social welfare entities, and provided advice regarding tax matters, political activities and other operational matters.
  • Negotiated and prepared master service agreements and vendor contracts on behalf of oil and gas exploration companies in Colorado for trucking and other services.
  • Prepared oil and gas company operating agreements and advised the client on the private offering of securities.
  • Drafted assignments and bills of sale as part of an exploration company's asset divestiture plan.
  • Prepared drilling and division order title opinions and conduct due diligence for leasehold and other asset acquisitions for lands located in Colorado, as well as advised clients on numerous real property and conveyancing issues.
Outside the Office

A native Coloradoan, Andrew enjoys skiing and hiking with his family.

They also enjoy international travel – a recent favorite trip was to Spain and Portugal. Fascinated by military history and an avid reader of historical fiction, Andrew in his spare hours writes and submits screenplays to competitions.

Community Leadership

Assisting Energy Strong.

Andrew offers his time and skills pro bono to Energy Strong, a charitable organization with a mission to unify and foster community among the blue- and white-collar professionals of the oil and gas industry. The organization also supports these workers by educating others on natural resource exploration and extraction.