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Andrea Driggs
- Firmwide Chair, Mining; Firmwide Co-Chair, Oil & Gas Industry Groups
- Phoenix
- Los Angeles
Andrea represents industrial, commercial, and municipal clients on environmental litigation and regulatory matters.
Andrea Driggs' work is focused on mining, renewables, groundwater contamination, complex infrastructure siting, and remediation of contaminated sites. She is licensed to practice in Arizona, Alaska, California, Nevada, and New Mexico, enabling her to assist clients with cross-jurisdictional issues.
Mining
Andrea helps clients obtain and litigate key permits, including water quality permits, and regularly conducts due diligence for large mining transactions. She advises clients on National Environmental Policy Act (NEPA) review for exploration and mine plans of operation, National Historic Preservation Act (NHPA) review, and other use authorizations. Andrea also provides guidance on related matters, including royalties, water rights, compliance, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability.
Energy
Working with developers, Andrea obtains essential permits for solar, wind, and battery storage projects, including Certificates of Environmental Compatibility from Arizona's Corporation Commission. For example, she represented clients constructing Arizona's largest stand-alone battery storage project, helping to stabilize the electrical grid. She frequently conducts due diligence for projects and is experienced in matters ranging from site control and lease reviews to decommissioning.
Regulatory/Litigation
Andrea advises clients on issues associated with regulatory compliance and permitting, from prelitigation investigations and negotiations through administrative procedures and appeals. She collaborates with clients to resolve issues arising under a range of state and federal environmental laws (Clean Water Act, NEPA, CERCLA, Federal Land Policy and Management Act of 1976, NHPA, Endangered Species Act, Mining Law of 1872, etc.), in addition to regulatory compliance issues related to emerging contaminants like per- and polyfluoroalkyl substances.
Andrea completed a master's degree in environmental epidemiology and policy from the University of London as a Marshall scholar. She focused her master's project on air pollution. Before attending law school at UCLA, Andrea worked as an epidemiologist for Los Angeles County.
Education & Credentials
Education
- UCLA School of Law, J.D., Order of the Coif, Managing Editor, Journal of Environmental Law and Policy, 2002
- University of London, M.Sc., Environmental Epidemiology and Policy, 1998
- Arizona State University, B.S., summa cum laude, with honors, 1997
Bar and Court Admissions
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Arizona
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California
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Alaska
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Nevada
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New Mexico
- Supreme Court of the United States
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Arizona
- U.S. District Court for the District of Nevada
- U.S. District Court for the District of New Mexico
- U.S. District Court for the Central District of California
Related Employment
- Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, 2002-2006
- Judicial Extern for the Hopi Court of Appeals, Keams Canyon, AZ, Judicial Extern, 2001-2002
- Los Angeles County, Epidemiologist, 1999
Additional Languages
- Spanish
- Portuguese
Professional Recognition
Member of trial team that received the District of Arizona’s Pro Bono Firm of the Year award, 2023
Recipient of the Top Pro Bono Attorneys in Arizona award, Arizona Foundation for Legal Services & Education, 2023
Recipient of Perkins Coie Pro Bono Leadership Award, 2022
Listed in Best Lawyers in America: Environmental Law, 2024
Selected for inclusion in Best Lawyers: Ones to Watch, 2021-2023
Pro Bono Team Award for Arizona Foster Care Litigation, 2020
Impact
Professional Leadership
- American Exploration and Mining Association, Board of Trustees, 2024
- Fresh Start, Executive Board of Directors, 2023-2024
- American Bar Association, Section of Environment, Energy, and Resources Mining Committee Co-Chair, 2022-2024
- Federation of Defense & Corporate Counsel Ladder Down Class, 2021
- Arizona Center for Disability Law, former President and Board Member
Insights
News
Professional Experience
Transactions
Due Diligence/Permit Transfers
Conducted due diligence, including permitting, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), water, and title, for various mine sales and transactions related to renewables/hydrogen hub development; evaluated permit transfers and agreements for mine sales and transactions involving renewables.
Purchase and Royalty Agreements
Assisted clients with agreements involving Nevada mining claims, including purchase and royalty agreements, exclusivity agreements, and confidentiality agreements.
Environmental Aspects of Commercial Transactions
Reviewed various commercial contracts for environmental issues and helped clients with due diligence for real estate purchases.
Opinion Letters
Evaluated opinion letters for compliance with Nevada law.
Mineral Title Examination
Assisted with mineral title examinations, opinions, and curative options.
Surface Use Issues
Helped navigate conflicts between surface use and split-estate lands.
Project Development
Certificates of Environmental Compatibility
Assisted clients in obtaining certificates of environmental compatibility (CECs) from the Line Siting Committee/Arizona Corporation Commission.
South32
Represented major base metals mining company South32 regarding environmental and natural resource issues relating to its exploration of a possible zinc-silver-lead mine in southeast Arizona.
EPCM Contracts
Assisted clients in drafting large engineering, procurement, and construction management (EPCM) contracts.
Secondment to Mining Client
Assisted with reviews of various large commercial contracts (drilling, power, water treatment, etc.), in addition to other in-house legal issues (real estate transactions, etc.).
Water Law
Well Guarantee Agreement
Drafted a well guarantee agreement for a client demonstrating that its operations would not impact the water supply of a local community.
Water Lease Agreements
Drafted water lease agreements for mining clients.
Water Rights
Documented historical appropriations for Arizona landowners for water rights claims.
Regulatory/Enforcement Defense
NEPA Issues
Assisted clients in evaluating and challenging various NEPA decisions.
CERCLA Evaluations
Helped clients evaluate CERCLA liability associated with legacy properties.
Release Reporting
Advised companies on required release reporting under CERCLA, Emergency Planning and Community Right-to-Know Act (EPCRA), and state laws.
Permit Noncompliance: Self-Disclosures
Provided guidance related to required disclosures associated with permit noncompliance.
Construction Dewatering
Helped client address legal issues related to construction dewatering.
Memorandum of Understanding
Represented client in drafting memorandum of understanding (MOU) with the state government and the U.S. Forest Service (USFS) related to water quality monitoring.
Determination of NEPA Adequacy/Cultural Resources
Assisted client in negotiating stipulation involving Nevada’s Protocol Agreement with the Bureau of Land Management (BLM).
Toxic Pits Cleanup Act
Represented mining client navigating potential Toxic Pits Cleanup Act (TPCA) issues.
Nevada Division of Environmental Protection: Finding of Alleged Violation
Represented government contractor accused of violations of Nevada’s environmental laws and evaluated possible penalties related to same.
Former Uranium Mine
Represented mining company in the cleanup and closure of former uranium millsite pursuant to the Uranium Mill Tailings and Radiation Control Act (UMTRCA).
Litigation
Apache Stronghold v. United States; San Carlos Apache Tribe v. United States; Arizona Mining Reform Coalition v. United States.
Defending intervenor Resolution Copper Mining, LLC in three cases in the U.S. District Court for the District of Arizona challenging a statutorily mandated land exchange with the U.S. Forest Service, intended to facilitate copper mine development in rural Arizona. No. 21-CV-0050, No. 21-CV-0068, No. 21-CV-0122.
Sackett v. Environmental Protection Agency
Counsel of record for amici American Exploration and Mining Association et al. in a U.S. Supreme Court case addressing the extent of federal jurisdiction under the Clean Water Act. The question presented to the Court was whether the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” under the Clean Water Act. 2022 WL 1190193 (U.S.).
San Carlos Apache Tribe v. State of Arizona
Representation of Resolution Copper Mining, LLC, developer of one of North America’s largest copper mines, in administrative litigation brought by tribal and conservation group interests to challenge the wastewater discharge permit issued to Resolution by the Arizona Department of Environmental Quality. 254 Ariz. 179, 520 P.3d 670 (Ct. App. 2022).
Gallagher & Kennedy, PA v. City of Phoenix; Roosevelt Irrigation District v. Salt River Project
Defended the City of Phoenix in successive, related CERCLA cases in the U.S. District Court for the District of Arizona and Ninth Circuit brought by the Roosevelt Irrigation District (RID) and its counsel. Plaintiffs have alleged that impacted groundwater pumped by RID irrigation wells must be treated to drinking water standards, a result that might allow them to control a drinking water supply worth more than $1 billion. No. 2:16-CV-4447-DAE, 2022 WL 17903905 (D. Ariz. Sept. 30, 2022) (granting partial summary judgment to defendants).
Defenders of Wildlife v. Arizona Navigable Stream Adjudication Commission
Defended Arizona in a lawsuit related to the navigability of Arizona’s rivers at the time of statehood to determine title. The Arizona Court of Appeals affirmed the determinations of the Arizona Navigable Stream Adjudication Commission (ANSAC) for all segments of the Verde and Salt Rivers and for all but one segment of the Gila River. The court also denied the plaintiffs their requested fees. No. 1 CA-CV 20-0295, 2023 WL 1788049 (Ariz. Ct. App. Feb. 7, 2023).
Crago v. Pitz
Served as court-appointed counsel in a six-day jury trial related to violations of the plaintiff’s civil rights. No. CV-19-04532-PHX-ROS, 2022 WL 16641815 (D. Ariz. Sept. 12, 2022).
B.K. v. Snyder
Represented children in the Arizona foster care system. The children alleged that Arizona’s statewide policies and practices deprived them of required medical services, among other things, and thus subjected them to a substantial risk of harm. 922 F.3d 957 (9th Cir. 2019).