Joseph J. Perkins, Jr.

Joseph J. Perkins, Jr.
Partner
Anchorage, AK
P: 907.263.8414
Overview

About Joe

Joe Perkins is a partner in the firm. He represents mining companies, oil and gas companies, Native corporations, and financial institutions in connection with mining and oil and gas transactions, properties, and projects. He has worked in some capacity on every major natural resources project in Alaska, on many major transactions, and hundreds of smaller transactions. With a background in geology and almost four decades of experience as a lawyer, Joe seeks creative cost-effective solutions for his clients that allow transactions to close and projects to move forward.

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Experience

Experience

Joe Perkins has practiced natural resources law in Alaska since 1979. He has worked in some capacity on every major mine or oil and gas field in Alaska, on many major transactions, and hundreds of smaller projects and transactions. Examples of his work include the following:

  • Title opinions and other due diligence on most of the producing oil and gas leases on the North Slope (including leases in the Prudhoe Bay, Kuparuk, Milne Point, Nikaitchuq, Oooguruk, Colville River, and Bear Tooth units), many producing leases in the Cook Inlet basin (including leases in the Beluga River, West McArthur, Trading Bay, Kitchen Lights, North Cook Inlet, and North Fork units), and many other oil and gas leases
  • Transactions involving or secured by oil and gas leases, oil or gas production, pipelines, and associated agreements and other assets (including the formation of the BP Prudhoe Bay Royalty Trust in 1989 and many transactions since then)
  • Title opinions and other due diligence on the historic AJ and Treadwell mines, the current Greens Creek, Kensington, Fort Knox, and Red Dog mines, and many other mineral properties
  • Transactions involving or secured by federal or state mining claims or other mineral properties, mineral production, and associated agreements and other assets (including recent transactions involving the Pyramid, Pebble, Terra, Estelle, Whistler, Pogo, West Pogo, LMS, Livengood, and Graphite Creek mineral projects in Alaska, as well as mineral projects in Arizona, New Mexico, Michigan, and Maine)

He has taught Oil and Gas Law and has lectured often on Alaska lands and natural resource issues, complex mining law issues, and key issues arising in mining and oil and gas transactions. He also has been retained as an expert witness in cases involving the federal mining law, oil and gas title opinions, and issues of professional responsibility.

Representative Mining Work:

Joe regularly assists mining clients with their transactions, associated due diligence, and interactions with land management agencies. Recent work has included the negotiation and preparation of:

  • information disclosure and confidentiality agreements
  • exploration agreements with options to purchase, lease, or form joint ventures or limited liability companies, and purchase and sale agreements (each with associated deeds, royalty deeds, leases, assignments, bills of sale, deferred payment agreements, joint venture agreements, and limited liability company agreements)
  • loan agreements (with associated deeds of trust, security agreements, financing statements, etc.)
  • related due diligence, title opinions, and enforceability opinions.

Joe also assists clients with their appeals of administrative decisions to the Interior Board of Land Appeals, to the Commissioner of the State of Alaska Department of Natural Resources, or appropriate courts.

Recent matters:

  • Whistler Project (copper and gold, Alaska Range): In 2014, Joe assisted Kiska Metals Corporation and its subsidiary Geoinformatics Alaska Exploration, Inc. in connection with Geoinformatics’s acquisition of the Kent Turner claims, certain related transactions, and the subsequent sale of additional NSR royalty to MF2, LLC. (Work included substantial title analysis and other due diligence, curative work, the delivery of a title opinion on the state mining locations included in the project, preparation of transaction documents and conveyances, and the delivery of an enforceability opinion relating thereto.) Then, in 2015, he assisted Brazil Resources Inc. and its subsidiary BRI Alaska Corp. in connection with BRI’s acquisition of the Whistler project from Kiska and Geoinformatics for shares in Brazil Resources Inc. (Work included the preparation of an updated title report, work on the underlying agreements, and preparation of conveyances.)
  • Graphite Creek Project (graphite, Seward Peninsula): Beginning in 2014, Joe has assisted Graphite One Resources Inc. and its subsidiary Graphite One (Alaska) Inc. in connection with certain land status and mining claim issues, various real property transactions (including a revised mining lease from Kougarok LLC covering the key federal mining locations and Graphite One’s acquisition of overlapping and surrounding state mining locations), early-stage access and permitting issues, and other matters relating to the company’s high-grade graphite deposit north of Nome.
  • Millrock Resources Inc. transactions (Alaska Peninsula, Alaska Range, Interior Alaska, Seward Peninsula, and elsewhere): Since opening the firm’s Alaska office in October 2008, Joe has assisted Millrock Resources Inc. and its subsidiaries Millrock Exploration Corp. and Millrock Alaska LLC on more than 30 mineral or mineral-related transactions, including agreements with other mining companies, Alaska Native regional corporations, Alaska Native village corporations, and one recognized Alaska Native tribe. Most of the involved properties have been in Alaska, but several have been in Arizona and New Mexico.
  • Greens Creek Mine (silver and other metals, Admiralty Island): In 2009 and then again in 2014, Joe assisted Hecla Mining Company and its subsidiaries Hecla Greens Creek Mining Company, Hecla Juneau Mining Company, and Hecla Alaska LLC in connection with revisions to their credit facility with The Bank of Nova Scotia, et al. and accompanying security documents encumbering the Greens Creek Mine and production therefrom. (Work included the negotiation and drafting of a deed of trust and associated security documents, negotiation of later amendments thereto, substantial title analysis and other due diligence, and the delivery of enforceability opinions and title opinions.)
  • Livengood Project (gold, Interior Alaska): Beginning in 2009, Joe has assisted International Tower Hill Mines Ltd. and its subsidiary Tower Hill Mines, Inc. in connection with various matters relating to the Livengood gold project, including the preparation of limited title reports, acquisition of certain key properties, revision and extension of Tower Hill’s mining lease from the AMHTA Trust Land Office, advice relating to Tower Hill’s properties and agreements generally, and the prosecution of an action for partition by sale of certain patented mining claims.
  • Kinross Gold Corporation (Fort Knox Project): As part of his ongoing representation of the Fort Knox Project, Joe recently assisted Kinross and its subsidiary Fairbanks Gold Mining, Inc. to amend FGMI’s agreement with Golden Valley Electric Association, Inc. to modify the rates that FGMI pays for electric power.

Representative Oil and Gas Work:

Joe regularly assists oil and gas clients with their transactions, associated due diligence, and interactions with land management agencies. Recent work has included the negotiation and preparation of:

  • acquisition, drilling, division order, and financing title opinions
  • purchase and sale agreements (with associated deeds, leases, assignments, bills of sale, operating agreements, and related enforceability opinions)
  • loan agreements (clients have been both borrowers and lenders), with associated overriding royalty assignments, production payments, deeds of trust, security agreements, financing statements, and related enforceability opinions.

Joe also assists clients with their appeals of administrative decisions to the Interior Board of Land Appeals, to the Commissioner of the State of Alaska Department of Natural Resources, or appropriate courts.

Recent matters:

  • Furie Operating Alaska, LLC (natural gas exploration, development, and production) (Cook Inlet): Since 2011, Joe has assisted Furie and its affiliate Cornucopia Oil & Gas Company, LLC in numerous transactions—including their Credit Agreement dated July 15, 2014, as amended and restated on March 19, 2015, with Energy Capital Partners Mezzanine Opportunities Fund A, LP, as agent for certain lenders, and their Credit Agreement dated as of July 30, 2015, with ING Capital, LLC, as agent for certain lenders—and in connection with matters before with the State of Alaska Department of Natural Resources, Division of Oil and Gas, and other state or federal agencies
  • Great Bear Petroleum Operating LLC (North Slope): Since 2011, Joe has assisted Great Bear and its affiliates in connection with several transactions and secured financings
  • Caelus Energy Alaska Smith Bay, LLC (Smith Bay exploration project, state tidelands and submerged lands north of NPR-A, North Slope): In 2015, Joe assisted Caelus in connection with its acquisition of state oil and gas leases in Smith Bay from NordAq
  • Pioneer Natural Resources USA Inc. (Oooguruk Unit, North Slope): In 2014, Joe assisted Pioneer Natural Resources in connection with its sale of Pioneer Natural Resources Alaska, LLC to Caelus
  • Title Opinions and other Due Diligence: Since opening the firm’s Alaska office in October 2008, Joe has supervised the preparation of numerous acquisition, drilling, division order, or financing title opinions, conducted other due diligence, and assisted with curative work on oil and gas leases on the North Slope and in Cook Inlet.

Other Representative Work:

  • Sturgeon v. Masica, 768 F.3d 1066 (9th Cir. 2014), rev’d and remanded sub nom. Sturgeon v. Frost, 2016 WL 1092415 (U.S. Mar. 22, 2016) (concerning interpretation of ANILCA § 103(c), 16 U.S.C. § 3103(c)): Co-authored a brief on behalf of amici curiae Alaska Miners Association, Alaska Oil and Gas Association, Alaska State Chamber of Commerce, Alaska Forest Association, Alaska Conservation Trust, Alaska Support Industry Alliance, Associated General Contractors of Alaska, Council of Alaska Producers, and Resource Development Council for Alaska.
  • Assisted Fort Knox, Pogo, and Greens Creek mines in negotiating, drafting, and obtaining regulatory approval of their special contracts for electric power service from regulated utilities.
  • Assisted Alaska Native corporations in negotiating land exchange agreements with the United States and the State of Alaska, including, most recently the Salmon Lake Area Land Ownership Consolidation Agreement effective July 18, 2007, among the United States (Bureau of Land Management), the State of Alaska (Department of Natural Resources), and Bering Straits Native Corporation (BSNC). This agreement—which provided for the conveyance of certain lands in the vicinity of Salmon Lake and elsewhere on the Seward Peninsula to BSNC—was finally approved by Congress in 2012. See Act of June 15, 2012, 126 Stat. 380, Pub. L. No. 112-133.
  • Represented lenders providing construction financing for fiber optic cables, including the Alaska United Fiber Optic Cable from Seattle to Anchorage (with drops in Juneau and Valdez) and the fiber optic cable installed from Valdez to Prudhoe Bay along the route of the Trans Alaska Pipeline System.
  • Performed substantial due diligence for the Four Dam Pool Power Agency, and advised the Four Dam Pool Power Agency on certain transactions arising in connection with said agency’s acquisition from the Alaska Energy Authority of the Terror Lake, Solomon Gulch, Lake Tyee, and Swan Lake hydroelectric projects.
  • Prepared deeds of trust, other security documents, and enforceability opinions required in connection with commercial real estate financing transactions in Alaska.
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Honors

Honors & Activities

Professional Honors and Activities

  • Named by Best Lawyers® as Natural Resources Law "Lawyer of the Year," Anchorage, 2013 and 2015
  • Included in The Best Lawyers in America© (currently: Mining Law, Natural Resources Law, Oil & Gas Law), 1995-2017
  • Selected as one of “America’s Leading Lawyers for Business” (Alaska) by Chambers USA (currently: Environment, Natural Resources & Regulated Industries), 2008-2016
  • AV Peer Review Rated by Martindale Hubbell®
  • Listed in Alaska Super Lawyers® (currently: Energy and Natural Resources, Environmental, Corporate), 2007-2016
  • E. George Rudolph Distinguished Visiting Professor of Law, University of Wyoming College of Law, Spring 2007; taught Oil and Gas Law
  • Member (1988-2016) and Chair (1991-2014), Rocky Mountain Mineral Law Foundation Scholarship Committee
  • Secretary (2001-2002), Trustee At-Large and Member of the Executive Committee (1998-2000), and Trustee (1988-1997), Rocky Mountain Mineral Law Foundation
  • Member, Environmental and Natural Resources Law, Native Law, and other sections, Alaska Bar Association
  • Member, Fee Arbitration Executive Committee and Third Judicial District Fee Dispute Resolution Division and Area Discipline Division, Alaska Bar Association; regularly participate in fee arbitration proceedings
  • Member, Environment, Energy and Resources; Public Utility Law; Business Law, and Administrative Law sections, American Bar Association
  • Member, Alaska Association of Professional Landmen
  • Member, Alaska Miners Association
  • Member, Resource Development Council for Alaska
  • Member, Yellowstone-Bighorn Research Association

Civic Activities

  • “Land, Law, and Resources of the Last Frontier,” presentation to Yellowstone-Bighorn Research Association (2014)
  • Pro bono counsel, Acquisition by Great Alaska Council, Boy Scouts of America, of permanent access easements for Denali High Adventure Scout Base (2008-2012)
  • “Mining Alaska’s Mining History and Finding Some Hidden Nuggets in the Stream,” presentation to Cook Inlet Historical Society (2008)
  • “Joseph Rudd (1933-1978),” presentation to Alaska Miners Association upon induction of lawyer Joseph Rudd into Alaska Mining Hall of Fame (2004)
  • Former board member (2000-2014) and President (2006-2010), Anchorage Library Foundation
  • Former member, Municipality of Anchorage Parks and Recreation Advisory Commission
  • Former member, Chugach State Park Citizens Advisory Board
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Insights & Presentations

Insights & Presentations

  • “Alaska Lands and Mineral Interests,” 3 Am. L. of Mining, chs. 70-73 (2d ed. 1984) (updates through 2015) (co-author)
  • “A Primer on Alaska Lands,” 61 Rocky Mt. Min. L. Inst. 7-1 (2015) (co-author and co-speaker)
  • “Exploration Agreements, Mining Leases, and Purchase Agreements,” Mining Law Short Course, Rocky Mt. Min. L. Fdn. (2014)
  • “Intralimital Rights In, Under, To, and Respecting Lands Within Unpatented Federal Mining Locations,” Advanced Mineral Title Examination—Oil & Gas And Mining, Rocky Mt. Min. L. Fdn. (2014) (co-author and co-speaker)
  • “Fundamentals of Mining Law and Mining Title Opinions,” Nuts and Bolts of Mineral Title Examination, Rocky Mt. Min. L. Fdn. (2012) (co-author and co-speaker)
  • “Underwater in Alaska: Who Owns What,” Alaska Association of Professional Landmen (Anchorage, 2012) (co-speaker)
  • “Mining Title Due Diligence: The Basics,” Due Diligence in Mining and Oil & Gas Transactions, Rocky Mt. Min. L. Fdn. (2010)
  • “Permitting projects in Alaska in ways that enable successful due diligence reviews, commercial transactions, project authorizations, financings and development,” 5th Annual Conference on Energy in Alaska, Law Seminars Int’l (Anchorage, 2009)
  • “Liability of Lawyers to Non-Clients for Negligent or Questionable Advice or Opinions: Exposure, Defenses, Current Judicial Views, and Ethical Considerations,” Mineral Title Examination IV, Fundamentals for Practice in the 21st Century, Rocky Mt. Min. L. Fdn. (2007) (co-author)
  • “Landscape as Memory, Mirror and Lens: One Lawyer’s Look at Three Centuries of Public Land Law and Natural Resources Law,” University of Wyoming College of Law (Laramie, 2007)
  • “Liability of Lawyers to Non-Clients for Negligent or Questionable Advice or Opinions—Exposure, Defenses, Current Judicial Views and Ethical Consideration,” 43 Rocky Mt. Min. L. Inst. 7 (1997) (co-author), updated and reprinted in Mineral Title Examination IV, Fundamentals for Practice in the 21st Century, Rocky Mt. Min. L. Fdn. (2007)
  • “Conflicts in Alaska Between Surface Owners and Mineral Owners,” Alaska Association of Professional Landmen (Anchorage, 2004)
  • “The Great Land Divided but Not Conquered: the Effects of Statehood, ANCSA and ANILCA on Alaska,” 34 Rocky Mt. Min. L. Inst. 6 (1988)



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