Guess & Rudd P.C.

James D. Linxwiler

Practice Areas: Natural Resources Law; Environmental Law; ANCSA; Commercial Law; Litigation.

Admitted: 1976, District of Columbia; 1977, Alaska.

Law School: University of California at Los Angeles, J.D., 1974.

College: University of California at Berkeley, B.A., 1971.

Member: Alaska (Chairman, Natural Resources Law Section, 1988-1992) and American Bar Associations; District of Columbia Bar.

Biography: Guess & Rudd, 1981-present. Attorney, Sohio Alaska Petroleum Co., 1978-1981. Attorney, Cook Inlet Region, Inc., 1976-1978. Attorney, Solicitor's Office, Department of the Interior, Washington, D.C., 1974-1976. Chairman Natural Resources Section, Alaska Bar Association, 1988-1993. Trustee, Rocky Mountain Mineral Law Foundation, 1998-present.

Author:

“The Alaska Native Claims Settlement Act at 35: Delivering On The Promise,” Paper 12, 53d Annual Rocky Mountain Law Institute, 2007;

"The Alaska Native Claims Settlement Act: The First Twenty Years," Paper 2, 38th Annual Rocky Mountain Law Institute, 1992; Co-author:

"Alaska Environmental Law," Chapter 43, Environmental Law Practice Guide, Matthew Bender, 1992;

"Alaska," Chapter 27, Law of Federal Oil & Gas Leases, Rocky Mountain Law Foundation.

Numerous papers on Alaska environmental and natural resources topics presented at CLE’s and conferences.

Reported Cases:

Represent Alaska Federation of Natives and Association of ANCSA CEO's in lawsuit challenging anti-mining initiative (2007-2008; Alaska Supreme Court decision pending);

Represent University of Alaska in SEACC v. State of Alaska and University of Alaska, 202 P.3d 1162 (2009), lawsuit challenging legislation granting the University 260,000 acres of land;

Aloha Lumber v. Univ. of Alaska, 994 P.2d 991 (Alaska 1999);

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);

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).

Transactions:

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);

Render opinions for Alaska Native Regional Corporations concerning application of ANCSA Section 7(i) (1985-2008);

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).

Professional Recognition: Selected for inclusion in

Chambers USA - America's Leading Lawyers For Business (Environment, Natural Resources, and Native American Law) since 2005;

Best Lawyers in America (Environmental Law, Energy Law and Natural Resources Law) since 2006;

Alaska Super Lawyers (Timber Law) since 2007;

Who’s Who in American Law since 1988.

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