Montgomery & Andrews

Overview

Mr. Kendrick has represented clients before the Environmental Improvement Board, the Water Quality Control Commission, and the Oil Conservation Commission in environmental rule-making proceedings. He has obtained air, water, hazardous, and solid waste permits from the New Mexico Environment Department; negotiated refinery, power plant, mine site, underground storage tank and oil and gas production and processing plant cleanups; and advised clients on CERCLA and RCRA liabilities, environmental assessments for property acquisitions, and insurance coverage for environmental claims. In addition to counseling clients on regulatory compliance, he has defended clients in litigation asserting common law environmental claims.

Mr. Kendrick has represented municipalities in the State of New Mexico concerning environmental matters. These matters include the defense of EPA Administrative Orders, the appeal of state certification of EPA permit conditions and the defense of citizen suit litigation.

Mr. Kendrick has represented energy companies before the Oil Conservation Division in obtaining approvals of oil and gas development projects. He has appealed Bureau of Land Management and Minerals Management Service actions to the Interior Board of Land Appeals. He has negotiated oil and gas leases and plugging bond disputes and defended clients in gas contract litigation. He has represented clients in stream basin adjudications and advised on the acquisition of water rights.

Mr. Kendrick has represented clients in acquiring rights-of-way and in opposing lease forfeitures and tax assessments in Indian Country. He has filed amicus briefs on behalf of energy clients in the Tenth Circuit and the U.S. Supreme Court in tax jurisdiction cases arising in Indian Country. He has also advised clients on the structuring of commercial transactions in Indian Country as well as on the formation of joint ventures with tribal entities.

Mr. Kendrick received his undergraduate degree from Yale University in 1970 and his law degree from Boston University in 1977.

Before law school, Mr. Kendrick worked as a paralegal for South Dakota Legal Services on the Rosebud Sioux Reservation for two years. After law school he worked as an attorney for the U.S. Environmental Protection Agency in Washington, D.C. for four years and in private practice in Santa Fe, New Mexico for two years prior to joining Montgomery and Andrews, P.A. in 1983.

Mr. Kendrick has served four years as Chairman of the Environmental Affairs Committee of the New Mexico Oil & Gas Association. He has also chaired a task force appointed by the New Mexico Oil Conservation Commission to develop proposed regulations on the disposal of naturally occurring radioactive materials. He currently serves on the Environmental Law Specialty Committee of the Supreme Court of New Mexico. Mr. Kendrick is licensed to practice in New Mexico, the District of Columbia and Massachusetts and before the Tenth Circuit and District of Columbia Courts of Appeals and the United States Supreme Court.

Mr. Kendrick has been recognized in Best Lawyers in America (since 2003), Chambers USA – America’s Leading Lawyers for Business (since 2005), and Southwest Super Lawyers (since 2007). Mr. Kendrick holds an “AV” rating by Martindale-Hubbell.

Representative Cases/Transactions

Mr. Kendrick has been counsel of record in the following reported cases:

Michigan v. EPA, 268 F.3d 1075 (D.C. Cir. 2001)
Pittsburg & Midway Coal Min. Co. v. Watchman, 52 F.3d 1531 (10th Cir. 1995)
Texaco, Inc. v. Zah, 5 F.3d 1374 (10th Cir. 1993)
Cotton Petroleum Corp. v. New Mexico, 490 U.S. 163 (1989)

Representative Clients

City of Farmington, New Mexico
City of Ruidoso Downs, New Mexico
City of Sunland Park, New Mexico
County of Santa Fe, New Mexico
Dugan Production Corporation
El Paso Corporation
Energy Transfer Company
Fowler Brothers, Inc.
Hall Energy Company, LLC
Miller Bonded, Inc.
New Mexico Oil & Gas Association
Saga Petroleum
Western Refining, Inc.
University of New Mexico
Village of Ruidoso, New Mexico