Andrew J. Cloutier

Andrew J. (Drew) Cloutier is a partner in the Roswell, New Mexico office. Drew earned his J.D. from the University of Texas in 1987 and his B.A. from the University of Dallas in 1984. He is licensed to practice law in New Mexico and Texas and is admitted to practice before numerous federal courts.

Drew primarily represents clients in complex litigation and in administrative proceedings. He maintains a statewide litigation practice representing clients in a wide array of oil and gas, land, and other commercial disputes. Drew has extensive experience in advising clients concerning and, if necessary, litigating issues with government agencies in New Mexico (the State Land Office, the Department of Taxation and Revenue, and the Oil Conservation Division) and the federal government (Office of Natural Resources Revenue)

Drew served as President of the State Bar of New Mexico in 2013 and as a Member of Board of Bar Commissioners for seven years.  He was President of the Western States Bar Conference, an association to fourteen state bar associations, in 2017.  Drew serves as Trustee of the Rocky Mountain Mineral Law Foundation and as a review and hearing officer for the New Mexico Disciplinary Board. Drew is a Commissioner of the New Mexico Client Protection Fund and was the Chair of the Fund in 2018 and 2019.

Drew has been very active in Scouts BSA serving in numerous roles, including Scoutmaster for seven years and as President of the Conquistador Council BSA for five years from 2014-2019.  He has been an adult advisor on four treks to Philmont Scout Ranch.

Drew and his wife Carrie-Leigh have four adult children.  They also are the handlers of Zia, a black Labrador who is specially trained to serve as courthouse dog comforting child victims of and witnesses to crime and reducing their stress as they testify.  Zia works with children four days a week at the Chaves County CASA Program and spends one day a week “practicing law” in our Roswell office.

Honors and Awards

  • Best Lawyers in America – Oil and Gas Law (2011-present)
  • Southwest Super Lawyers (2007-present)
  • Independent Petroleum Association of New Mexico’s Member of the Year (2014)

 Classes/Seminars Taught

  • Presenter, “The Litigation Over State Land Office Rule 1.059″, New Mexico Landmen’s Association, October 14, 1999
  • Presenter, “Bankruptcy Year-in-Review 1998,” State Bar of New Mexico CLE, February 26, 1999
  • Presenter, “Mineral Access,” State Bar of New Mexico CLE, September 13, 2002
  • Presenter, “Current Land and Legal Issues in New Mexico”, Permian Basin Landmen’s Association Fall Seminar, November 1, 2002
  • Presenter, “When the State Requires (at least) Two Sets of Books–Tax and Royalty Valuation in New Mexico,” Permian Basin Division Order Analysts, Artesia, New Mexico, October 2006
  • Presenter, “Royalty Claims and Litigation: Constitutional Issues and Statutes of Limitation,” Rocky Mountain Mineral Law Foundation’s Special Institute on Private Oil and Gas Royalties, December 4-5, 2008
  • Presenter, “Legal and Technical Principles of Fracking in New Mexico,” State Bar of New Mexico’s CLE & Sand Program, November 2013
  • Presenter, “Water Usage and Fracking in New Mexico Oil and Gas Operations,” State Bar of New Mexico’s “Oil and Gas: From the Basics to an In-Depth Study” December 30, 2014
  • Panelist, “Ethical Issues in Oil and Gas Practice,” State Bar of New Mexico’s “Oil and Gas: From the Basics to an In-Depth Study” December 28, 2016
  • Co-Presenter, “Ready, Set, Commence:  Commencement Clauses in the 21st Century,” Rocky Mountain Mineral Law 64th Annual Institute, July 21, 2018
  • Co-Presenter, “You’re Not in Texas Any More Toto: Differences Between New Mexico and Texas,” Permian Basin Landman’s Association Annual Meeting, April 17, 2019
  • Panelist, “Problem Issues in Client Protection,” American Bar Association’s 35th National Forum on Client Protection, June 1, 2019

Education

  • The University of Texas School of Law, Austin, Texas
    • J.D. – 1987
  • University of Dallas, Irving, Texas
    • B.A.
    • cum laude – 1984

Fraternities/Sororities

  • Delta Theta Phi

Bar Admissions

  • State Bar of New Mexico 1988
  • State Bar of Texas 1987
  • U.S. Supreme Court 1991
  • U.S. Fifth Circuit Court of Appeals 1988
  • U.S. Tenth Circuit Court of Appeals 1988
  • U.S. Court of Federal Claims 1994
  • U.S. District Court for District of New Mexico 1988
  • U.S. District Court for Northern District of Texas 1988
  • U.S. District Court for Western District of Texas 1988

Professional Associations and Memberships

  • American Bar Association 1988
  • Chaves County Bar Association 1987
  • New Mexico Rules of Civil Procedure Committee, Member (2007-14)
  • New Mexico Disciplinary Board, Review Officer
  • New Mexico Client Protection Fund
  • Rocky Mountain Mineral Law Foundation

Published Works

  • Barnhill v. Johnson, 112 S.Ct. 1386 (1992), aff’g 931 F.2d 689 (10th Cir. 1991), rev’g 111 B.R. 337 (D.N.M. 1989), aff’g 97 B.R. 63 (Bankr.   D.N.M. 1988)
  • Harvey E. Yates v. Powell, 98 F.3d 1222 (10th Cir. 1996)
  • Mosaic Potash v. Devon Energy, Eddy County Jury Trial 2014 ($0.01 judgment for Plaintiff in trespass case)
  • United States v. 99,223.7238 Acres of Land (takings case, $3.8 million)
  • Lopez v. Devon Energy, Santa Fe County jury trial (full defense verdict in wrongful death case)