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James D. Linxwiler

James D. Linxwiler

Shareholder
Location:
Anchorage, Alaska
Phone:
877-310-6183
Fax:
907-793-2299
Email:

Jamie Linxwiler practices in the areas of natural resources, Alaska Native, commercial, and environmental law. Among Jamie's clients are international and domestic oil companies, mining companies and financial institutions, Alaska Native Regional and Village corporations, the University of Alaska, the Alaska Mental Health Trust Land Office, and electric utilities. He previously served as an attorney in the Department of the Interior Solicitor's Office in Washington, D.C., for Cook Inlet Region, Inc. and for BP in Anchorage, and joined Guess and Rudd in 1981. He is the author of: “A Primer on Alaska Lands,” 61 Rocky Mt. Min. L. Inst. 7-1 (2015)(co-author with Joseph Perkins); "Voter Initiatives: Mineral Development And The Will Of The People", 59 Rocky Mt. Min. L. Inst. 15-1 (2013); "The Alaska Native Claims Settlement Act at 35: Delivering On The Promise", 53 Rocky Mt. Min. L. Inst. 12-1 (2007); "The Alaska Native Claims Settlement Act: The First 20 Years", 38 Rocky Mt. Min. L. Inst. 2-1 (1992); Chapter 27 "Alaska Federal Oil and Gas Leasing" in the RMMLF publication Law of Federal Oil and Gas Leases; and co-authored, with George Lyle, Chapter 43, "Alaska Environmental Law" in the Matthew Bender publication Environmental Law Practice Guide., and has presented numerous papers and CLE's on Alaska natural resource topics. He serves as co-Chairman of the Environmental and Natural Resources Section of the Alaska Bar Association, as a Trustee of RMMLF, and is a graduate of U.C. Berkeley and UCLA Law School.

Transactions:

  • Represent Energy Capital Partners in a $160 million transaction with Furie Operating Alaska, LLC to fund the build-out of infrastructure for the installation of an offshore natural gas production platform, marine pipeline, and onshore production facilities serving Furie’s Kitchen Lights Unit in the Cook Inlet (“KLU”) (2014-15).
  • Represent an international financial institution in a large financing transaction for the construction of an onshore processing facility and related facilities on the North Slope (2014-15).
  • Represent Waterton Global Value LP in financing transaction with Titan Resources Ltd. in relation to the Nixon Fork Mine (2015)
  • Render opinions for Alaska Native Regional Corporations concerning application of ANCSA Section 7(i) (1985-present)
  • Represent the Alaska Mental Health Trust Land Office in relation to a contested AOGCC proceeding allocating gas production to its leases in the Kenai Loop Field. (2013-15)
  • Represent unnamed North Slope producer against State of Alaska in numerous Alaska royalty and production tax audit appeals. (2000-present)
  • Represent Apache Corporation in relation to ongoing Cook Inlet Basin oil & gas lease acquisitions, exploration, permitting, and operating matters (2010-present);
  • Represent Doyon, Ltd. in relation to its Nenana Basin oil and gas leases and licenses and exploration operations, including drafting agreements for the Nunivak #2 Well (2010-present);
  • Represent Apache Corporation in relation to exploration agreement and option to lease with Cook Inlet Region, Inc., and surface use agreement with Tyonek Native Corporation (2010-present);
  • Represent University of Alaska in relation to the Edna Bay Timber Sale (2012-present);
  • Represent Victory Park Capital Advisors in a complex oil and gas financing transaction with Buccaneer Alaska LLC for operations in the Cook Inlet Basin (2013);
  • Represent Waterton Global Value LP in financing transaction with Fire River Gold Corp. in relation to the Nixon Fork Mine (2012);
  • Represent Copper Valley Electric Association in relation to the Allison Creek Hydro Project including construction contracts (2012-present);
  • Represent Riverstone Holdings LLC and affiliates and members in investment in Great Bear Petroleum shale oil project on North Slope of Alaska (2012);
  • Represent undisclosed client in relation to ongoing Section 404 permit issues, including acquisition, compliance and enforcement proceedings (2011-present);
  • Render oil and gas lease title opinions to lease owners and unit operators in Cook Inlet Basin and on the North Slope, including in Kuparuk Unit, and Alpine Field-Colville River Unit on an ongoing basis;
  • Render title opinions to mining property owners on an ongoing basis;
  • Represent University of Alaska in acquisition of 7 acre parcel at corner of Lake Otis and Providence Drive from the Mental Health Trust Land Office (2011-12);
  • Represent GSO Capital Partners in relation to a syndicated financing transaction with NANA Development Corporation (2011);
  • Represent Guggenheim Corporate Funding LLC in a financing transaction with Miller Energy Resources Inc./Cook Inlet Energy LLC (2011);
  • Represent K&S Leasing in relation to offshore Nome gold mining leases, including in relation to leasing, permitting and transactional matters (2009-present);
  • Represent Copper Valley Electric Association in relation to the Solomon Gulch Hydroelectric Project (2009-present);
  • Represent Antofagasta Minerals SA in transaction in which it may earn up to 80% interest from Full Metal Minerals in Pyramid Copper Project on Alaska Peninsula (2010);
  • Represent Kennecott in conveyance of its interest in the Ambler Project (gold and copper) to Alaska Gold Co. (2010);
  • Represent Unidentified North Slope Oil Producer in pending oil and gas royalty and production tax matters (2010);
  • Represent Native Village of Tyonek in transaction in which it will be conveyed by the Tyonek Native Corporation a Conservation Easement on 3,000 acres comprising the lower 8 miles of the Chuit River (2010);
  • Acquisition by Copper Valley Electric Association of Solomon Gulch Hydroelectric Project from Four Dam Pool Power Agency (2006-2009);
  • Oil and Gas Transaction in the Yukon Flats between Doyon Ltd. and ZRB, LLC (2006-2009);
  • Sale of cell phone business assets (2008);
  • Represent Calista Corporation as landowner of Donlin Creek Project (1995-present);
  • Member of team representing a subsidiary of Anglo American plc in transaction in which it became a 50 per cent partner with a subsidiary of Northern Dynasty Minerals Ltd. in a limited partnership in the Pebble Copper-Gold-Molybdenum Project in southwestern Alaska, by committing to make a staged cash investment of US$1.425 billion (2007);
  • Prepare architect, construction and project management contract documents for University of Alaska's Integrated Sciences Facility, $65 million innovative Contract Manager at Risk (CMAR) public procurement project (2005-2006);
  • Prepare contract documents for University of Alaska's Alaska Native Science and Engineering Program (ANSEP) building, $42 million innovative turnkey public procurement project (2005);
  • Implementation of Legislation conveying 260,000 acres of land from State of Alaska to University of Alaska (2005-present);
  • Proposal to Form Borough Government in Delta Junction, AK (2005);
  • Oil and Gas Transaction in the Nenana Basin between Doyon Ltd. and Andex Resources (2004);
  • Land Exchange between University of Alaska and Providence Hospital (2004);
  • Yukon Flats Land Exchange between Doyon Ltd. and US Fish and Wildlife Service (2003-pending);
  • Sale of Mat-Su hospital site by University of Alaska to Triad Hospital Corporation (2003);
  • "Settlement Agreement Resolving Environmental Contamination At The West Icy Bay Camp Facility" between University of Alaska, State of Alaska Department of Natural Resources, Mental Health Trust Authority, Department of Environmental Conservation, and four logging companies (2002);
  • Sale and Purchase Agreement for Prudhoe Bay and Point Thomson Royalty Gas between Anadarko and State of Alaska (2002-pending);
  • Compensatory Royalty Agreement Between Forest Oil Corp., State of Alaska, and United States (2001);
  • Consent to Assignment of Interests in Donlin Creek Mining Lease between Calista Corp., Placer Dome, and Novagold (2001);
  • Oil and Gas Royalty and Severance Tax Settlements with State of Alaska for undisclosed clients (1999-2003);
  • University of Alaska Gulf Coast Timber Sale #2 (1998-2009);
  • Sale of Fairbanks Municipal Utility System electrical, telephone, sewer and water, and district heat utilities (1996-1998);
  • University of Alaska Gulf Coast Timber Sale #1 (1995-1998);
  • Crescent River Timber Joint Venture (1995);
  • Oil & Gas Exploration Agreement between Union Texas Petroleum Alaska Corp. and Cook Inlet Region, Inc. (1995);
  • Timber Harvest & Marketing Agreement between Sherstone Inc. and ITT Rayonier Corp. (1994);
  • Mining Venture Agreement between Newmont Exploration, Ltd., Golden Glacier, Inc. and Nome Gold Joint Venture (1992);
  • Mining Exploration Agreement and Option to Lease between Kennecott Corporation, Bering Straits Native Corporation, and Sitnasuak Native Corporation (1991);
  • Acquisition of Holland America Lines by Carnival Cruise Lines (1989-1990);
  • Red Dog Mine Financing (1988);
  • Net Operating Loss Tax Transaction between Drexel Burnham-Lambert, Inc. and MTNT, Ltd. (1987);
  • Land Exchange in Arctic National Wildlife Refuge between Department of the Interior and Gana- A'Yoo, Ltd. (1987);
  • Kuparuk River Unit First Interim Redetermination (1984).

Areas of Practice

  • Oil and Gas Law
  • Mining Law
  • Natural Resources Law
  • Alaska Native Law
  • Business and Commercial Law
  • Real Estate Law
  • Environmental Law

Bar Admissions

  • Alaska, 1976
  • District of Columbia, 1976

Education

  • University of California at Los Angeles School of Law, Los Angeles, California
    • J.D. - 1974
  • University of California at Berkeley
    • B.A. - 1971

Representative Cases

  • Sturgeon v. Frost, 136 S.Ct. 1061 (2016), unanimously reversing Sturgeon v. Masica, 768 F.3d 1066 (9th Cir., 2014) (represented 6 amici curiae Alaska Native Corporations)
  • Mills v. United States et al., No 12-35589 (Ninth Circuit Court of Appeals), (Represent Doyon in ongoing RS 2477 case)
  • Native Village of Chickaloon v. National Marine Fisheries Service, et al, 947 F.Supp.2d 1031 (D. AK, 2013) (Ninth Circuit Court of Appeals), (represented Apache Alaska Corporation in Endangered Species Act/Marine Mammal Protection Act/NEPA case)
  • Pebble Limited Partnership v. Parnell, 215 P.3d 1064 (2009),(Represent Alaska Federation of Natives and Association of ANCSA CEO's in lawsuit challenging anti-mining initiative)
  • SEACC v. State of Alaska and University of Alaska, 202 P.3d 1162 (2009),(Represent University of Alaska in lawsuit challenging legislation granting the University 260,000 acres of land)
  • Aloha Lumber v. Univ. of Alaska, 994 P.2d 991 (Alaska 1999) (Represent University of Alaska in multiple actons challenging timber sale)
  • Bay View ex rel. AK Native Village Corps. v. AHTNA, Inc., 105 F.3d 1281 (9th Cir. 1997)
  • Eyak Traditional Elders Counsel v. Sherstone, Inc., 904 P.2d 420 (Alaska 1995) (Represent Sherstone in challenge to timber operation)
  • Jackson v. United States, 485 F. Supp. 1243 (D. Alaska 1980)
  • Alaska Public Easement Defense Fund v. Andrus, 435 F. Supp. 664 (D. Alaska 1977)

Professional Associations and Memberships

  • Alaska, Natural Resources Law Section, Chairman, 1988 - 1992
  • Alaska, Environmental and Natural Resources Law Section, Co-Chairman, 2013
  • District of Columbia Bar
  • Rocky Mountain Mineral Foundation