Environment & Natural Resources in the 21st Century

Father Alphonsus Ihuoma, December 2011 LLM Graduate, Visits Sturm College of Law

2012-02-01T04:34:00.002-07:00

It was a great pleasure to welcome Alphonsus Ihuoma, a Sturm College of Law LLM graduate of the Environmental and Natural Resources Law & Policy (ENRL) program back to Denver recently.

Alphonsus Ihuoma, who hails from Nigeria and is a Nigerian trained barrister, is also a Catholic priest. During his time in the ENRL program, Father Ihuoma served as pastor of the Our Lady of Guadalupe St. Patrick Parish in La Junta, Colorado, which is about 100 miles southeast of Denver. Father Ihuoma continues as pastor there.

Father Ihuoma is an inspiration to all who care about the fair and responsible development of natural resources that respects the environment and, perhaps most importantly, the rights of the communities in which this development takes place. On one hand, he is a religious leader, but on the other he is also a keen legal thinker. It seems likely that his future will include the combination of these two passions, a development that will surely benefit all those in whom the Father comes in contact.

Godspeed to the good Father.

Don C. Smith
Director
Environmental and Natural Resources Law

Editor's note: In picture above, Lucy Daberkow is on far left, Father Ihuoma is in center, and Don Smith is on right.

Becky Bye, 2005 Denver Law JD Graduate, Selected by American Inns of Court for Prestigous Pegasus Scholar Award

2012-01-30T05:13:00.001-07:00

Becky Bye, a JD graduate of the University of Denver Sturm College of Law, has been selected by the American Inns of Court to be a 2012 Pegasus Scholar.

The prestigious award, which was received by only one other American lawyer, will allow Ms. Bye to practice law this spring in a U.K. barrister's office. Pegasus Scholars spend the majority of their time in barristers' chambers and observe trials or arguments in action.

Activities include opportunities to observe proceedings of the Supreme Court of the United Kingdom, the Privy Council, the Old Bailey, the Royal Courts of Justice and Magistrates' Courts, followed by a discussion of the proceedings with the Justice, Judge or Magistrate as the case may be.

While a student at Denver Law, Ms. Bye focused on environmental and natural resources law. Currently she is an attorney with the U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy in Golden, Colorado. Before joining the Department of Energy, Ms. Bye served as an assistant attorney general in the Colorado Office of the Attorney General. She practiced law with Holland & Hart in Denver before moving to the public sector.

Ms. Bye was articles editor for the University of Denver Water Law Review.

New students begin their graduate studies at Denver Law

2012-01-13T07:49:00.001-07:00

A new year begins, and the Environmental and Natural Resources Graduate Program is proud to welcome a talented group of new students.

Our team conducted orientation for these new students, and it was apparent that they are extremely well-prepared to begin their studies. Our new students come from Brazil, California, Colorado, Florida, Kansas, Saudi Arabia, Texas, Virginia, Wyoming.

A special thanks to Professor Tim Hurley, Joan Policastri, Joan Pope, Jessica Hogan, and Payal Sathe for their invaluable help during orientation.

Congratulations to December 2012 Environmental and Natural Resources Law & Policy Graduates

2012-01-12T07:09:00.003-07:00

The Denver Law Environmental and Natural Resources Law Graduate Program leadership team of Don Smith and Lucy Daberkow recently congratulated the latest group of students who have just completed the program.

In the top photo, from left to right, Mr. Smith, Ms. Daberkow, Sing Fai Hong from China, and Morad Money from Saudi Arabia. In the lower picture, Mr. Smith and Ms. Daberkow are shown with Bohua Yao from China.

Mr. Smith said, "Finishing the program is a wonderful achievement for these students. It marks both the end of their formal studies and the beginning (or resumption) of their professional careers. It has been a great pleasure to have them in our program."

Ms. Daberkow said, "We take great pride in the international diversity of our program, and we are delighted these three students chose to study at Denver Law. We have great expectations for their future success."

Alumni Profile: JD and LLM Graduate David Makongo, A Leader in Africa-U.S. Natural Resources Business Relations

2011-12-21T01:17:00.002-07:00

Dr. David Makongo PhD., a Denver Law '06 JD graduate as well as an '05 LLM graduate, has established Makongo & African Partners LLC (MAP LLC), a firm with expertise in African mining and oil and gas issues.

Addressing the "big business gap"as he describes it between Africa and foreign investors, he has global responsibility for due diligence investigations, negotiation of natural resources agreements, corporate social responsibility, FCPA compliance, permitting, government relations, local community and local partner(s) relations, business risk analysis and mitigation.

Dr. Makongo has extensive international experience, expertise, and success in Africa-North America business transactions. He founded MAP LLC for the purpose of "ensuring the success of North American businesses in Africa through negotiation of natural resources agreements, contract drafting, and acquisition of various mining and oil and gas properties and maintenance of good relationships between investor companies and host African nations."

Prior to founding MAP LLC, he was Director for African Affairs for Electrum USA Ltd. (Global Gold Group) based in Denver. While with Electrum he worked on projects in Burundi, Democratic Republic of Congo, Ghana, Guinea, Ivory Coast, Mali, Mauritania, and Rwanda.

Before joining Electrum, Dr. Makongo was a consultant with Cougar Gold and a contracts officer for the International Royality Corporation. He has also worked with SCDP – Cameroon National Petroleum Depot.

In addition to his DU Law degrees Dr. Makongo holds the Honorary Degree of Doctorate of Philosophy in Humanities from the United Graduate College and Seminary and an LLB Degree from the University of Buea Cameroon.

Fluent in both English and French languages and knowledgeable in common law and civil law principles and practices, Dr. Makongo is a member of the American Bar Association, the International Bar Association (IBA), and the IBA's Mining Committee and the Anti-corruption Committee.

Don C. Smith, Director of the Environmental and Natural Resources Law and Policy Program, said, "David Makongo is in the process of establishing himself as an expert in identifying and negotiating important natural resources agreements across the whole of the African continent. David is an individual who has successfully combined legal knowledge with a keen eye for business opportunities.”

Denver Law Graduate Sheila Slocum Hollis Recognized with Prestigious Platts "Lifetime Achievement Award" for Contributions to the Energy Sector

2011-12-16T01:00:00.001-07:00

Sheila Slocum Hollis, a Denver Law graduate, was recognized last week with the prestigious "Lifetime Achievement Award" at the 13th Annual Platts Global Energy Awards ceremony in New York.

According to Platts, one of the world's premier energy information providers, the Lifetime Achievement Award recognizes members of "our industry who [have] made an outstanding contribution to the development and future of the energy industry in the course of his or her career. The winner's achievements are the product of a long and varied career of service, creativity, and insight and this individual will have won widespread recognition and respect on the global stage."

Ms. Hollis, who is the chair of the Washington, D.C., office of Duane Morris, practices energy transactional and regulatory law both domestically and internationally. In 2010, she received the Paul Nordstorm Service Award for her contributions to the legal profession and the community from the Energy Bar Association and the Charitable Foundation of the Energy Bar Association. Recently she was named one of the 50 Key Women in Energy worldwide.

She began her energy law career as a trial lawyer at the Federal Power Commission from 1974 to 1975. She was the first director of the Office of Enforcement of the Federal Energy Regulatory Commission, establishing the office and its policies and procedures from 1977 to 1980. Those policies and procedures remain in place today. Over the course of her career, she has played a key role in the formation and implementation of energy law and policy.

When asked several years ago about her fondest DU memory, she said it was the first day of law school. "It was so exciting and thrilling to be at a school I admired," she said.

And speaking of being thrilled, we at Denver Law generally and the Environmental and Natural Resources Law Program more specifically are thrilled for her and appreciative of her many contributions to us as well as the energy sector nationally and internationally. Leaders such as Sheila Slocum Hollis inspire all of us to be the best professionals we possibly can be.

Don C. Smith
Director
Environmental and Natural Resources Law

Rocky Mountain Land Use Institute to Hold 21st Annual Land Use Conference at Denver Law March 1-2, 2012

2011-12-14T02:05:00.001-07:00

The Rocky Mountain Land Use Institute (RMLUI) will hold its 21st annual land use conference March 1 & 2, 2012, at the University of Denver Sturm College of Law.

Next year's conference will focus on "The Wilderness City: Nature Culture and Economy in the Next West."

In announcing the next conference, the RMLUI said, "Wilderness cities attempt to blend the wild and the urban seamlessly, to bring nature back into our communities. RMLUI's 2012 conference presents an opportunity to explore approaches to development that not only make Western communities vibrant economic centers, but also strengthen their connections to the land."

For more information about the conference, please click here. To register, please click here.

Japan's 2011 National Day Reception Hosted in Denver by Consulate General Ikuhiko Ono

2011-12-12T01:05:00.004-07:00

The important relationship between Japan and the Rocky Mountain Region was recognized recently when the Consulate General of Japan in Denver hosted the 2011 National Day Reception, which commemorates the Emperor of Japan's birthday.

The National Day Reception was hosted by Consul General and Mrs. Ikuhiko Ono. Consul General Ono's office, which was established in 1999, is responsible for the states of Colorado, New Mexico, Utah, and Wyoming. There are approximately 10,000 Japanese citizens who live in the four state area as well as upwards of 100 Japanese companies.

Japan is the world's third largest economy and a major economic power in both Asia and globally.

Denver Law's Environmental and Natural Resources Law Graduate Program has welcomed a number of Japanese students. Our hope at Denver Law is to recruit more students from Japan, and thus it was a great honor to be invited to the National Day Reception and meet various individuals who are involved with maintaining the strong relationship between Japan and the United States.

Don C. Smith & Lucy Daberkow
Environmental and Natural Resources Law Program

Adjunct Professor William J. Brady to Present Paper at Intersol 2012 in Paris on US "Hydraulic Fracking" Regulations

2011-12-08T01:04:00.000-07:00

The University of Denver Sturm College of Law is pleased to announce acceptance of a presentation by Adjunct Professor William J. Brady by the Scientific Committee of Intersol 2012.

Intersol, an annual conference on groundwater and soil contamination to be held this year in Paris, France, is one of the premiere European environmental conferences. Very well attended, with 485 scientists, government officials, environmental professionals, engineers, attorneys and academics in attendance last year in Lyon, Intersol expects more than 500 registrants and exhibitors this spring in Paris.

Offering instruction in hazardous waste, toxic torts, environmental insurance and a practitioner's focus on environmental protection at Denver Law, Adjunct Professor Brady has taught each year since 2000. He is also a partner at Grimshaw and Harring, PC, a 17th Street law firm serving the Denver Community for more than 55 years. Mr. Brady has practiced in Denver continuously since 1977.

Alumni profile: Amanda Hasty

2011-12-05T14:29:00.004-07:00

Amanda Hasty, who earned a Masters of Resources Law Studies degree in '03 from Denver Law, is a co-founder and co-executive director of Impact Colorado. The organization was created in 2011 by Laura B. Embleton, JD '91, and Ms. Hasty, in response to an identified need to increase the awareness of Coloradoans on issues impacting Colorado residents.

Their vision is to create a non-profit organization to identify issues and develop solutions specific to Colorado’s economy, education, local governance, healthcare, and water. Impact Colorado provides a mobile classroom for participants to learn through exploration of the state. By connecting participants with local and state leaders, participants are provided with the knowledge, skills and techniques to partake in collaborative issue development.

Ms. Hasty is also the owner of BE Accord LLC, a business development company. She is a leadership coach and business consultant and assists companies in developing operational strategies to drive sustainable and community conscious businesses. In addition, she has facilitated growth strategies for not-for-profits in Colorado and New Mexico.

Additionally, she is an adjunct professor at the University of Denver where she teaches at the Women's College. Ms. Hasty volunteers as a mentor for the Greater Good Academy. She serves as an advisory member on the Diversity and Inclusiveness Committee at the Colorado Alliance for Environmental Education and is a board member for Healthkind Foundation. HealthKind aspires to implement sustainable, community-based health and wellness programs and services in the developing world.

Ms. Hasty earned an Executive Masters of Business Administration from Daniels College of Business at the University of Denver.

It is great to see how alumni from Denver Law's graduate programs enjoy successful and fulfilling careers.

Denver Law LLM Graduate Student Sing Fai Hong Passes Chinese Bar Examination

2011-12-04T07:23:00.004-07:00

Late last week I learned the wonderful news that one of Denver Law's Chinese students, Sing Fai Hong, has passed the Chinese Bar Examination. This is no small feat when one realizes that as recently as three years ago only 12 percent of those taking the bar exam actually passed.

This was a major accomplishment for Hong and clearly reflected his determination to join the legal profession in his home country. Making this all the more impressive is that he studied for and took the bar examination while he was an LLM student in the Environmental and Natural Resources Law Graduate Program at Denver Law.

As it turns out, I know Hong (or Nic as we came to know him) very well. He was in the Comparative Environmental Law course that I taught in the spring semester of 2011. He was attentive, curious, hard-working, respectful, in brief an all around joy to have as a student.

In wishing him well before he left Denver for the final time to return to Beijing, I only half kidded him that I expected to see his name in the Financial Times by next week!

On a more serious note, Nic has a great future ahead. He is destined to be a leader in China and in Asia when it comes to addressing the challenging environmental and natural resources issues that China faces. On the other hand, he is good at identifying opportunities that arise out of challenges. He also exemplifies a philosophy of building bridges, and I am confident that over time he will be an influential attorney in helping develop the increasingly important China-U.S. relationship.

All of us in Denver wish Nic well as he begins his legal career in China. We will miss him to be sure. However, I have a feeling we will be seeing him again.

Don C. Smith
Director
Environmental and Natural Resources Law Program

Happy Thanksgiving Weekend from Rocky Mountain National Park, Colorado

2011-11-27T19:06:00.008-07:00

Happy Thanksgiving from Colorado, the home of the University of Denver Sturm College of Law as well as the Rocky Mountain National Park, which is located about 110 kilometers (about 75 miles) northwest of Denver.

Despite the cooler temperatures in Colorado in November, there are many excellent days to go for a hike. And that's exactly what I did Thanksgiving morning.

The park had few visitors, and it felt as if I had the entire place to myself. On the other hand, that's not taking account of the deer, elk, and various other animals who make the park their permanent home year around.

At the lower elevations (e.g., 7,000 feet or 2,300 meters), many of the hiking trails were snowless and dry. The higher up one goes, the more likely there will be snow and wetter conditions. But for the most part, the lower areas in the park are hikable nearly all year.

If you have never been to Colorado, come and see the park and drop by the Sturm College of Law. We are always available to "brag" about the great state of Colorado!

Don Smith
Director
Environmental and Natural Resources Law Program

Manual of European Environmental Policy Wins Major European Information Award; Denver Law Professor Member of the Manual's Advisory Board

2011-11-21T01:12:00.000-07:00

The Manual of European Environmental Policy, the preeminent publication about European Union environmental policy, has received the European Information Association's 2011 Award for European Information Services.

Previously published as a loose-leaf printed reference, the Manual was re-launched as an on-line service in 2010. It has been extensively restructured to reflect the changing nature and development of European environmental policy, which in many cases represents the leading edge of environmental policy development in the world.

The Manual is written by an interdisciplinary team of experts from the London and Brussels-based Institute for European Environmental Policy (IEEP), the leading center for the analysis and development of environmental and related policies in Europe.

Andrew Farmer, Director of Research and Head of the Industry, Waste, and Water Programme at IEEP and the Manual's editor, commented, "It is gratifying that the innovative features of the Manual were highlighted in the award."

Don Smith, director of the Environmental and Natural Resources Program at Denver Law, is a member of the Manual's Editorial Advisory Board. He said, "The Manual is the most systematic, reliable and comprehensive source of information on EU environmental policy. This is particularly important because in the eyes of many, the European Union is the most innovative and forward-looking governmental entity in terms of environmental policy."

Denver Law is one of the few law schools in North America that regularly offers a course in European Union Environmental Law & Policy.

More information about the Manual can be accessed by clicking here.

"The Renewable Energy Reader," Authored by Denver Law Professor K.K. DuVivier, Hits the Bookshelves; Is "First of Its" Kind Publication

2011-11-18T01:40:00.005-07:00

Denver Law Professor K.K. DuVivier has authored the first renewable energy law textbook to be published in the United States.

The Renewable Energy Reader, which was published on November 7, is a concise, reader-friendly sourcebook for U.S. renewable energy law. Each chapter provides historical background as well as illustrations and technology charts to give readers context for better understanding renewable energy sources and related legal issues.

Each chapter also includes closely-edited excerpts from some of the most prominent primary and secondary legal sources—articles, cases, statutes, and regulations—highlighting current and potential legal challenges to the advancement of renewable resources. This book provides an accessible reference for lawyers, law students, policy-makers, and the general public, providing an overview of the significant legal implications of renewable energy development.

Before entering law school, Professor DuVivier, who teaches Renewable Energy Law as well as Energy Law, worked as a field geologist for a French uranium exploration company. According to Professor DuVivier:

"My technical background equipped me well for understanding and distilling the basic information that lawyers need to have to understand the different renewable energy power sources. Also, the Environmental and Natural Resources Law program at the Sturm College of Law has outstanding connections with the National Renewable Energy Laboratory and local law firms that specialize in
renewable energy law. Through these contacts, some of whom teach at Denver Law, I was able to further enrich the book with charts, illustrations, and specific litigation and transactional information in the renewable energy context."

Don Smith, Director of the Environmental and Natural Resources Law Program at Denver Law, said, "Professor DuVivier has researched, carefully analyzed the underlying issues, and written a sourcebook that is destined to become one of the fundamental works in this area of law. Her approach is careful and her observations insightful. This is a must read for those interested in this dynamic area of the law."

A website, which can be accessed by clicking here, has been set up to support the book.

Denver Law Environmental and Natural Resources Program International Student Profile: Eduardo Paseta of Lima Peru

2011-11-17T02:28:00.000-07:00

As part of our international student interview series, we would like to highlight the next talented student: Eduardo Paseta.

1. Where are you originally from? And where did you grow up? Tell us about your home city or region.
I was born and raised in Lima, Peru. Lima is the capital of Peru, located in the coast of the Pacific Ocean, and home of around 30% of the total population of Peru.

2. What is your educational background? When and where did you attend school and university?
I studied Law and obtained my degree in the University of Lima, in Lima, Peru. Then, I obtained three Graduate Diplomas. The first was the Graduate Diploma in Strategic Management in New Mining in Gerens School of Managment and Economics (www.gerens.org), the others were the Graduate Diploma in Mining and Environmental Law and the Graduate Diploma in Energy Law, both in the Graduate School of Peruvian University of Applied Sciences - UPC (www.postgrado.upc.edu.pe).

3. What experiences have you had, thus far in your career, in terms of addressing environmental or natural resources issues?
I have gained all my professional experience addressing environmental and natural resources issues at the Osterling Law Firm (www.osterlingfirm.com) and ANTAMINA Mining Company (www.antamina.com). The former is one of the most prestigious and longstanding law firms in Peru where I started mi especialization in environmental and natural resources. I participated in the elaboration and approval process of the Environmental Impact Studies of important mining projects as well as environmental and quality Certifications. In addition, I have designed and planned the permits and license strategy for the development of various mining projects, and performed legal audits in environmental aspects. I currently work at ANTAMINA, which is a company incorporated under Peruvian law, the product of a joint venture between four leading companies in the world mining industry (BHP Billiton, Xstrata, Teck and Mitsubishi Corporation). Antamina is a polymetallic mining complex that produces copper, zinc and molybdenum concentrates, and silver and lead concentrates as by products. The mine is located in the district of San Marcos, Ancash Region, 200 km. from the city of Huaraz at an average altitude of 4,300 meters above sea level. The company has its own port, called Punta Lobitos, which is located in the coastal province of Huarmey. Investment in Antamina (an initial investment of approximately U.S. $ 2.3 billion, plus U.S. $ 1.2 billion of investment in the expansion of its operations) is considered the highest in the history of Peruvian Mining Industry. Today it is among the largest Peruvian producers of copper and zinc concentrates and one of the ten largest mines in the world in terms of operating volume. My work as an in-house lawyer of Antamina has been to lead the area of regulatory affairs of the Legal Department and my main tasks are to design, implement and manage authorizations, permits and licenses for the implementation of the expansion program in Antamina (US$1.2 billions). I also provide legal assistance during the process to renew certain Certificates, such as ISPS Code for the port, ISO 14001 and OHSAS 18001 for the mine and port, administer the company’s permits, authorizations, licenses and legal obligations management system, and perform internal periodic audits for evaluating the company’s legal compliance.

4. What are the key environmental and natural resources issues in your home country?
Illegal mining, direct waste drainage to water bodies (water quality), air pollution in urban areas, abandoned mines (mining liabilities), illegal timber, among others.

5. You have chosen to study at Denver Law. Why did you make this choice and what are you hoping to learn and experience while you are here?
One year and half ago, I decided to look for an specialized LL.M. program that can build over my expertise in mining, environmental and natural resources, rather than a general LLM. Searching for that special program, I sought carefully the LL.M. options in various universities in the U.S. and other countries, which included academic aspects, but also the location of those universities and the living experience they offer. From such research I have done, the excellent references I have received from other colleagues, and my campus visit last year (2010), I am convinced that Sturm College of Law is where I want to study.

Today, I have confirmed that University of Denver was the best option to take, not only for having a highly ranked program, but also the broad curriculum, its high quality professors, its administrative staff, its infrastructure available, and of course, its wonderful location in Denver, which is a quiet and beautiful city.

I'm hoping to learn more about mining and environmental law but with a different perspective, and to enhance my career and professional specialization. At the same time, I'm hoping to have an invaluable experience, enjoy the outdoors, make friends from different countries, and enjoy that experience with my wife (Veronica Morelli) who is also an LLM student.

6. What is your personal philosophy or point of view in terms of the relationship of the environment and natural resources?
In my opinion, every human action shall consider and evaluate its impacts in the environment and in the public health. In this respect, these human actions shall implement some measures to be in harmony with the environment, specially when those actions involve the use of natural resources. This is necessary because human beings have been consuming natural resources through the years without any care and recently in the last 30 years we have realized that our actions have consequences which could have irreversible damage to the environment and future generations.

Of course, this vision should go hand in hand with the economic development of countries and satisfaction of the humans needs of the moment.

7.Tell us something you would like us to know about your country.
Peru is a rich country in terms of natural resources and biodiversity. It has over 80% of the world's climate types and a diverse geography in a relatively small area. It is a huge scenario of altitudinal ecological zones (eco-strata's) and live species that make it one of the most important focuses of biodiversity in the world. According to a report from the World Bank in 2007, Peru is among the 12 countries that have 70% of the biological diversity in the Earth.

Peru is also one of the world centers of genetic resources of flora and fauna. For example, Peru is the only country with more than 3,000 varieties of potato, 36 species of corn and a notable variety of grains and Andean roots. In addition, Peru has 650 species of fruits and 787 varieties of edible, medical and ornamental plants. Moreover, Peru has 128 species of domesticated native plants. Finally, Peru has 28 of the 32 existing climates in the world, and in any of its 11 altitudinal ecological zones, new varieties of live species can still be found.

8. What is something about you that most people don't know about (for example, do you have an unusual hobby or have perhaps have had an unusual experience in your life)?
My hobby is playing soccer and traveling.

9. Who are your professional role models?
My current boss, the Legal Manager of Antamina.

10. What are your plans after completion of your degree?
In the professional aspect, and as an immediate plan, I will return to Peru and continue working at ANTAMINA Mining Company. In the personal aspect, my wife and I are planning to start a family and have our first daughter/son.

Lucy Daberkow, Associate Administrative Director, said: "Eduardo is an example of our program's diversity and high caliber of students."

2012 Natural Resources Distinguished Practitioner in Residence Thomas L. Sansonetti Welcomed to Sturm College of Law

2011-11-14T01:32:00.001-07:00

The newest Denver Law Natural Resources Distinguished Practitioner in Residence, Thomas L. Sansonetti, who will serve in the position in the spring 2012 semester, was honored recently at a dinner hosted by Professor Jan Laitos and Carrie Noonan.

The annual dinner, which includes former Distinguished Practitioners in Residence as well as members of Denver Law's Environmental and Natural Resources Law Program (ENRL) faculty, welcomes the newest Distinguished Practitioner.

Mr. Sansonetti leads Holland & Hart's Energy, Environment and Natural Resources Practice Group, which is ranked as the best natural resources practice in the country by Best Lawyers in America. He was the Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice from 2001-2005. He served as Associate Solicitor for Energy and Resources in the Reagan Administration.

The Distinguished Natural Resources Practitioner in Residence Seminar is a "capstone seminar" taught each year in the spring semester by a prominent natural resources or environmental law lawyer who has extensive experience in energy, resources, or environmental law work. The focus of the seminar is on skills training including writing, dealing with technical or scientific matters in a legal context, and appearing before administrative agencies.

The former Distinguished Practitioners in Residence who attended the dinner were:

Robert D. Comer (2009 Practitioner in Residence), Special Counsel at Faegre & Benson. Mr. Comer has served in the senior executive service at the U.S. Department of Interior and as associate general counsel for a Fortune 500 mining, minerals processing, and speciality metals company.

Alan Gilbert (2008), Senior Advisor for the Rocky Mountains and the Southwest for U.S. Secretary of Interior Ken Salazar. Formerly Mr. Gilbert served as Mr. Salazar's deputy chief of staff in the U.S. Senate and as Solicitor General of the State of Colorado. He has also practiced law as a partner at Holme, Roberts & Owen as well as Sherman & Howard.

Howard Kenison (2010), Partner and Chair of the Environment, Natural Resources, and Climate Change practice at Lindquist & Vennum. Mr. Kenison is the former Colorado Deputy Attorney General in charge of Colorado's Superfund Litigation Section.

Rebecca Watson (2011), Partner at Welborn Sullivan Meck & Tooley. Ms. Watson has served in the U.S. Department of Interior as Assistant Secretary for Lands and Minerals Management in the George W. Bush Administration. She also served as Assistant General Counsel for Energy Policy at the U.S. Department of Energy in the George H.W. Bush Administration.

In the picture are, from lower left and going clockwise around the table, Professor Laitos, Associate Dean and Professor Fred Cheever, Robert D. Comer, Mr. Sansonetti, Professor Rock Pring, Professor Justin Pidot, Ms. Noonan, Alan Gilbert, Director of the ENRL Program Don Smith, Professor K.K. DuVivier, Rebecca Watson, and Howard Kenison.

The Distinguished Natural Resources Practitioner in Residence, which is organized by Professor Laitos, is now in its 23rd year. Students in the course are selected by Professor Laitos.

First Denver Law Renewable Energy Law & Policy Summit Considers Major Policy Drivers and Challenges for Renewables Industry

2011-11-11T13:57:00.055-07:00

The inaugural meeting of the Renewable Energy Law & Policy Summit took place this week at Denver Law before a large audience of lawyers, utility company officials, government officials, policy makers, renewable energy business representatives, and students.

By all accounts, the Summit was a major success and further established Denver Law as a national leader in considering the legal and policy implications associated with the quickly accelerating discussion about renewable energy and its role in the energy sector.

The Summit, which was co-sponsored by Denver-based Holland & Hart and the National Renewable Energy Laboratory (NREL), assembled an impressive array of renewable energy experts from all across the U.S. Two keynote speakers highlighted the program: David Eves, President and CEO of Public Service Company of Colorado, Dan Arvizu, Director of NREL.

Mr. Eves began the Summit with an overview of Xcel Energy's (the parent company of Public Service Company of Colorado) renewable strategy. He noted that Public Service Company has about 1,700 megawatts of installed wind power capacity. In particular, he explained that the company has in the last several years become better at managing the intermittency of the wind. Public Service also has 25 megawatts of utility scale solar power with another 60 megawatts under contract.

The further development of solar is intriguing, he said, because of the ability to locate solar panels closer to load centers and thus reduce the need for building major transmission lines. According to the American Wind Energy Association, Xcel has about 4,000 megawatts of installed wind capacity, the largest amount of any utility in the U.S.

The second keynote speaker, Dr. Arvizu, noted that renewable energy needed to be seen in the context of reducing carbon emissions, providing for energy security, and reducing the volatility of the cost of energy-producing fuels (e.g., oil and gas). He also said the renewable business is an international one, with some estimates that the size of the market is more than $200 billion per year.

Two key issues related to the world's current energy structure need special attention, he said. First, the "asset utilization" of the energy sector is only about 50 percent. Second, "life cycles" in the energy generation sector are very long -- perhaps as much as 50 years -- and thus energy businesses need policy certainty when deciding how to invest for future generating needs.

Summing up his thoughts, Dr. Arvizu said, the future of renewables is "not about whether technology can perform, it's about the political will to implement supporting policies. We need to have a more sophisticated discussion about what we want to do."

The Summit also featured four panels that addressed:

"Survey of U.S. Laws Affecting the Siting and Development of Renewable Energy Projects," moderated by Denver Law Professor K.K. DuVivier, author of The Renewable Energy Reader

"Regional and National Transmission Concerns and Progress," moderated by Mark Safty, Partner and Practice Group Leader for Holland & Hart's Energy & Infrastructure Group

"Renewable Energy Incentives," moderated by Don Smith, Director of Denver Law's Environmental and Natural Rsources Law Program

"The Future of Renewable Energy Law & Policy," moderated by Mr. Safty

Editor's note: Individuals in the first picture are from left to right: Kate Marks, Managing Director of the National Association of State Energy Officials; Veronica Morelli, Denver Law LLM student from Peru; Payal Sathe, Denver Law LLM graduate from India; and Bob Noun, Manager of Communications and External Affairs for NREL and Denver Law renewable energy adjunct professor. Individuals in the second picture are from left to right Fred Cheever, Associate Dean and Professor of Law; Mark Safty, Partner at Holland & Hart; Don Smith, Director of the Environmental and Natural Resources Law Progarm; Dr. Dan Arvizu, Director of NREL; Professor K.K. DuVivier; Bob Noun of NREL.

International Students in Environmental and Natural Resources Law Graduate Program Enjoy an (Early) American Thanksgiving

2011-11-08T01:43:00.003-07:00

Nine different countries were represented at a pre-Thanksgiving dinner at my house last Sunday.

The wide diversity of Denver Law's Environmental and Natural Resources Law Graduate Program is one of the many attributes that makes our program unique, and last Sunday we had a chance to recognize and celebrate that diversity.

Students from Brazil, China, Ghana, Japan, Peru, Russia, and Saudi Arabia were able to join Lucy Daberkow, associate administrative director for the program, and me, as we introduced the students to what a typical American Thanksgiving is like, complete with turkey and Denver Broncos football!

As it turned out, we also enjoyed great food and drinks from many of these countries in a setting more conducive to chatting than a typical busy day at the law school.

International students add an enormous richness to our program and to Denver Law more generally. They are both curious and resourceful. For many of the students, this is their first time in the U.S.

It is wonderful to watch them grow, develop, and gain confidence in themselves as their expertise deepens in environmental and natural resources law. Similarly, it is also a pleasure to learn from them and to hear about their countries and traditions.

Needless to say, these experiences continue to remind me how much we have in common together despite the fact that each of us comes from a different corner of the world and has a different life experience. The reality is that those who share an interest in learning oftentimes share a related interest in knowing about those they are less familiar with.

These students represent the next generation of leaders, both regionally and globally. It was a delight to host them at my home on Sunday.

Don Smith
Director
Environmental and Natural Resources Law Graduate Program

Profile on MRLS Alumnus Britta Strother, Interim Executive Director of South Metro Water Supply Authority

2011-11-07T01:39:00.004-07:00

Britta Strother, who holds a Masters of Resources Law Studies degree from the Denver Law Environmental and Natural Resources Law Graduate Program, has been named Interim Executive Director of the South Metro Water Supply Authority (SMWSA). In this role, Ms. Stroher is responsible for the management of all activity that is taken by the SMWSA. She oversees the budget as well as all of the engineering, accounting and public relations work that are done.

Formed in 2004, the SMWSA is a regional water authority that includes most of Douglas and some of Arapahoe counties in Colorado. SMWSA provides its members with the necessary planning, negotiation and implementation tools to secure renewable water resources for their constituents. Some of the municipalities and special water districts that are part of SMWSA include: the town of Castle Rock, Parker Water and Sanitation District, Centennial Water and Sanitation District (Highlands Ranch), and East Cherry Creek Water and Sanitation District. A full list of members can be found by clicking here.

Ms. Strother joined SMWSA in September 2007 as the Water Resource Specialist. In this position, Ms. Strother was immediately involved in negotiations between members, evaluation of potential water rights purchases and regional studies for water infrastructure integration.

Holding a Masters in Resource Law Studies with specializations in water law and policy as well as environmental law and policy from the University of Denver Sturm College of Law provided Ms. Stroher with "unique and powerful tools for these responsibilities," according to Lucy Daberkow, Associate Administrative Director of the Denver Law program.

In February 2011, Ms. Strother was promoted to Water Resources Project Manager. Her role with the SMWSA expanded with this new position to include the coordination and development of infrastructure including pipelines, reservoirs and interconnects and also a greater management of the daily SMWSA needs (including budget development and project oversight).

As the SMWSA continues in the negotiations that her predecessor, Rod Kuharich, began, Ms. Strother hopes to bring a number of important supply projects to fruition in the coming months. One exciting project that the SMWSA is negotiating is the Water Infrastructure Supply Efficiency (WISE) Partnership, a regional delivery project between Denver Water, Aurora and SMWSA. The WISE Partnership contemplates sharing existing water rights and infrastructure from all three parties to serve the SMWSA with on average 10,000 acre-feet per year either directly into member’s respective distribution systems or into surface and aquifer storage. The three parties are currently in negotiations for the WISE delivery agreement, anticipated to be signed in early 2012. This project is one component to the SMWSA master plan to remove some of the strain on the non-renewable Denver basin ground water by delivering renewable surface water. It represents the forward thinking that is currently taking place to meet the current and anticipated future water demands of the Denver metropolitan area.

Ms. Daberkow said, "It is wonderful to see the important contributions that Ms. Strother is making to the critical issues of water supply in the arid Rocky Mountain West. By studying at Denver Law, Ms. Strother put in place an understanding of the important issues that will serve her well throughout her entire career.

Lincoln Bramwell, Chief Historian for USDA Forest Service, to Speak at Denver Law on November 14

2011-11-03T04:17:00.000-06:00

Dr. Lincoln Bramwell, Chief Historian for the United States Department of Agriculture (USDA) Forest Service, will make a presentation at Denver Law on "Exurban Land Use in Colorado" on Monday, November 14 at noon in room 170.

Dr. Bramwell's presentation was announced by Liz Hutchinson, president of the sponsoring organization the Natural Resources and Environmental Law Society (NRELS).

In the middle part of the last century, Rocky Mountain-based developers began to design areas Dr. Bramwell refers to as "wilderburbs," groups of rural homes located close to cities. He argued in his dissertation that "when humans tried to blend suburban order and structure with untrammeled natural aesthetics and features, they created unintended consequences for residents, the land, and wildlife." His dissertation has been published as a book, "Wilderburbs: Nature, culture, and the rise of rural development in the Rocky Mountain West, 1960-2000." More information about the book can be obtained by clicking here.

In addition, NRELS has arranged for interested students to join Professor Rock Pring's Public Lands and Resources Law Class (Monday, November 14 from 2:45 – 4:00 in room 280 as long as there is space available) for Dr. Bramwell’s presentation on “The 1911 Weeks Act: The Law that ‘Nationalized’ the National Forests.” The act has enabled the Forest Service to purchase eroded and cut-over private lands in the eastern United States.

In 2009 when he was named historian for the Forest Service, Dr. Bramwell said, "In my position as the agency's historian, it is my goal to make Forest Service history more accessible to the public and more meaningful to the agency." Earlier in his career he worked on Forest Service hotshot and trail crews. "I had the opportunity to view the agency from the ground up and find working for it no less compelling today," he said.

Will Sarni, Director and Practice Leader at Deloitte Consulting's Sustainability and Climate Change Practice, to Speak at Denver Law November 9

2011-11-02T02:04:00.001-06:00

Will Sarni, an internationally recognized thought leader on sustainability and corporate water strategies, will speak at Denver Law on November 9 from 12 noon to 1 p.m. in room 259. Mr. Sarni will speak about his sustainability practice and how that practice has changed in recent years.

Mr. Sarni has been providing sustainability, environmental and hydrogeological consulting services to private- and public-sector enterprises for more than three decades, with a focus on developing and implementing corporate-wide sustainability strategies, as well as broad based climate and water programs.

Mr. Sarni’s diverse client list includes Fortune 500 companies, multinational corporations and non- governmental organizations (NGOs). He has managed complex projects throughout the United States, Europe and Asia, working with some of the world’s most recognizable companies.

He is the author of Greening Brownfields: Remediation Through Sustainable Development and contributed to Environmental Regulation of Colorado Real Property. He is the author of the recently published, Corporate Water Strategies and the forthcoming book, Water Tech – A Guide to Innovation and Business Opportunities.

Mr. Sarni was a member of the Environmental Compliance Committee of the Chicago Climate Exchange and is active in the International Association of Hydrogeologists and The Conference Board. He was a sustainability adviser to the 2018/2022 US World Cup Bid Committee, a judge for the 2010 CleanTech Open and the Hult Global Case Challenge – Clean Water Crisis.

Don Smith, Director of the Environmental and Natural Resources Law Program that is sponsoring the event, said, "One of the aims of a Denver Law education is to introduce students to individuals whose professional experience reflects the cutting-edge issues -- and careers -- of our times. Will Sarni is one of these unique individuals who has built a reputation and a career in the area of sustainability. There is no more profound an example of a career in sustainability than the one that Will Sarni has built over the last several decades."

Commission on Presidential Debates Selects University of Denver to Host First 2012 President Debate

2011-10-31T15:41:00.014-06:00

The Commission on Presidential Debates has selected the University of Denver as the host site for the first 2012 Presidential debate.

Robert Coombe, Chancellor of the University, made the announcement in Denver today. The debate will be held Wednesday, October 3, in the Magness Arena at the Daniel L. Ritchie Center for Sports and Wellness.

Chancellor Coombe said, "This is a historic event for our campus, our city, and our state. The national and international spotlight will be on the University of Denver. Our commitment to addressing the great issues of the day and serving the public good make this event a perfect fit for us."

Don Smith, director of the Sturm College of Law Environmental and Natural Resources Law (ENRL) program, said, "The first 2012 Presidential debate will take place just 200 meters from the law building. While it is too early to predict what topics the debate will focus on, what is clear is that resources, environment, and energy-related issues will be part of the national discussion as November 2012 approaches. Being part of the ENRL program at Denver Law means that students will not only be learning about the underlying policy issues, but also seeing them being debated right next door."

All tickets are assigned by the Commission on Presidential Debates, and the majority of these tickets will go to the two campaigns for distribution to their supporters. The details are still being worked out.

DU faculty and staff will be involved in special programming for students in order to provide hands-on opportunities to experience this historic event. The ENRL program will post more information as it becomes available about these opportunities.

Editor's note: Photo of candidates Barack Obama and John McCain from 2008 debate.

Denver Law Environmental and Natural Resources Program International Student Profile: Dela Obeng-Sakyi (Ghana)

2011-10-27T15:04:00.000-06:00

Our next international student interview features Dela Obeng-Sakyi, an extremely accomplished lawyer from Ghana.

1. Where are you originally from? And where did you grow up? Tell us about your home city or region.

I am from Ghana, a West African country. I spent my childhood in Togo, a French-speaking country also in West Africa. I however went to High School and University in Ghana. I live in Accra, the capital of Ghana. Accra is a city bursting with commercial activity. There are many corporate and financial institutions, universities, hotels, restaurants, nightclubs, “open-air” markets, shops and beaches. It is the most developed city in Ghana. The people are warm, friendly and place a lot of emphasis on politeness and hospitality.

2. What is your educational background? When and where did you attend school and university?

I attended preschool and primary school at Ecole Francaise in Togo from 1979 to 1986. From 1987 to 1994 I attended High School in a girl’s boarding school called Wesley Girls High School in Cape Coast, one of the regions in Ghana. From 1996 to 1999 I read law at the University of Ghana, Legon and attended the Ghana Law School from 1999 to 2001.

3. What experiences have you had, thus far in your career, in terms of addressing environmental or natural resources issues?

I work with a regulatory agency, which monitors the operations of mining companies. I have visited communities located near mining concessions and seen the benefits and adverse effects that mining has had on those communities. Fortunately, I had the opportunity of being part of a team that reviewed the draft mining regulations that encompass most issues related to mining in Ghana. I therefore had a more practical and realistic view of what the real issues are. Although the regulations may not provide for every situation, I believe it is a good start and amendments can be made in the future.

4. What are the key environmental and natural resources issues in your home country?

The main environmental and natural resources issues facing Ghana are:

i) the pollution of rivers, streams, lakes from mining activities from both legal and illegal mining operations,

ii) flooding of most cities during the rainy season,

iii) deforestation from illegal timber logging, and

iv) smog, dust and toxic chemicals emanating from industrial operations.

5. You have chosen to study at Denver Law. Why did you make this choice and what are you hoping to learn and experience while you are here?

DU comes highly recommended from professionals in the mining industry. Since I am currently working in that industry, I believe that studying at DU would broaden my mind on environmental and natural resources laws of various countries as well as issues that other countries face. I am hoping that in gaining that knowledge, it would help me better understand the environment issues facing Ghana and hopefully give me ideas as to how to help the regulatory agency I work with address those issues.

Since I have been here I have met other students from other countries and I am hoping to learn more about their customs, culture, traditions as well as the environmental and mining laws that the countries endowed with mineral resources have.

6. What is your personal philosophy or point of view in terms of the relationship of the environment and natural resources?

I believe that the exploitation of natural resources is important for the development of countries endowed with those resources as well as the world as whole. However exploitation can have adverse effects on the environment as well as affected communities if not well done and monitored. It is therefore important to set up laws, regulations and guidelines to ensure efficient exploitation of mineral resources with as little adverse effect on the environment as possible.

7.Tell us something you would like us to know about your country.

Ghana is changing the face of Africa. There is political stability, economic growth, absence of civil strife, a good educational system and most recently the discovery of oil. Although Ghana has a central government, there are chiefs/kings who exercise some amount of authority over and represent the interests of a diversity of ethnic groups.

8. What is something about you that most people don't know about (for example, do you have an unusual hobby or have perhaps have had an unusual experience in your life)?

I am a conservative, quiet but friendly person. I would love to learn belly-dancing and perform before an audience.

9. Who are your professional role models?

Kojo Bentsi-Enchill, a lawyer and partner of the biggest and one of the leading firms in Ghana. He is a visionary and an upright person. I had the privilege of working for him for six (6) years and I think he is the most intelligent, astute yet humble and simple person I have ever met.

10. What are your plans after completion of your degree?

I intend to go back to my country and use the knowledge I have acquired from this program to help the regulatory agency I work for, regulate and manage the mining industry in a more efficient and practical manner.

Newest Member of Denver Law's Environmental Community, Yu Takanashi and his Mother Masumi, Visit the Law School

2011-10-26T14:52:00.008-06:00

Masumi Takanashi, a Masters in Resource Law Studies student from Japan, and her son, Yu, recently visited the Sturm College of Law.

Ms. Takanashi, her husband, and little Yu will be returning to Japan soon, where she will finish her degree by means of a directed research project.

Don C. Smith, director of the Environmental and Natural Resources Law Program, has known Ms. Takanshi as a student for nearly two years. He was pleased to see the new addition to Ms. Takanashi's family and said, "Yu has been provisionally admitted to the Denver Law class of 2036, when he will be 25 and among the youngest students at the law school!"

Editor's note: Mr. Smith and Ms. Takanashi and Yu in the top picture; Mr. Smith and Yu in the second picture; Ms. Takanashi, Yu, and Joan Policastri, Foreign, International, and Comparative Law Librarian in bottom picture.

Denver Law Environmental and Natural Resources International Student Profile: Tamiko Watanabe (Japan)

2011-10-24T12:54:00.001-06:00

Our next international student profile features Tamiko Watanabe who shares very interesting information about her country and her background.

1. Where are you originally from? And where did you grow up? Tell us about your home city or region.
I’m Japanese and grew up in Kyoto. Kyoto is a former capital of Japan. It’s famous for old buildings such as shrines and temples and also traditional foods.
Each temple and shrine was built for a certain purpose. When you visit them, you will feel the differences. Traditional Kyoto food is served in very small portions, but the delicate artistic way of placing each piece of food is amazing.

2. What is your educational background? When and where did you attend school and university?
I graduated from Soka University in Tokyo in 2004 and my major was international law.

3. What experiences have you had, thus far in your career, in terms of addressing environmental or natural resources issues?
I haven’t experienced any environmental issues so far in my career, but I have attended many environmental workshops which helped me pay attention to environmental issues.

4. What are the key environmental and natural resources issues in your home country?
We don’t have a lot of natural resources and depend on getting our energy supplies from many other countries. Currently, we have a huge environmental and energy problem because of the earthquake and tsunami on March 11th.

5. You have chosen to study at Denver Law. Why did you make this choice and what are you hoping to learn and experience while you are here?
- This law school’s curriculum matched my needs.
- I had a specific professor who I wanted to learn from.

6. What is your personal philosophy or point of view in terms of the relationship of the environment and natural resources?
I tend to think of the natural environment much the same as a human. Every living thing is in a big circle; there is demand and supply. When I see a regulation or a rule only for humans, it makes me feel incongruous. Since humans can’t get out of the circle, people should pay more attention to the environment. I, however, understand the economic thinking and opinion of developing countries.

7. Tell us something you would like us to know about your country.
When you visit Japan, you have to know that there is no free wi-fi in public even if it's in Tokyo (you can barely find the free wi-fi )!!! If you really need to use an internet, you have to go to an internet café!!

8. What is something about you that most people don't know about (for example, do you have an unusual hobby or have perhaps have had an unusual experience in your life)?
I practiced karate in Japan and had an experience doing wheel chair karate. I had a competition for the demonstration of the wheel chair karate and got third-place medal. I found it is really difficult to use a wheel chair.

9. Who are your professional role models?
-Dr. Daisaku Ikeda who is a founder of the Soka University.
-Professor Ved. P. Nanda

10. What are your plans after completion of your degree?
I would like to apply for the optional professional training so as to have an environmental experience in the U.S. This will enhance my environmental knowledge and help me work in the environmental field in Japan in the future.

Denver Law Continues Tradition of Offering Highly Valuable Externships in the Environmental and Natural Resources Fields

2011-10-10T05:50:00.002-06:00

A critical step in learning about environmental and natural resources law often involves experiential learning in the form of externships.

Denver Law's Legal Externship Program is regularly rated among the best in the nation. The Program is particularly strong in the context of providing a wide range of environmental and natural resources experiences.

Students in these types of externships benefit from learning "on the ground" about subjects they are studying in the classroom. Moreover, the externships often help students learn more about potential job opportunities.

In 2011, nearly three-quarters of all Denver Law JD students participated in an externship. Nearly half of Denver Law's LLM in Environmental and Natural Resouces Law students took part in an externship while 31 percent of Masters in Resource Law Studies students had an externship experience.

Don C. Smith, Director of the Environmental and Natural Resources Law program, said, "I hear over and over from our students how pleased they were with their externship experiences. For many students, this is a highlight of their study at Denver Law. It represents an opportunity for them to consolidate what they have learned in the classroom. As far many of our students and I are concerned, Denver Law has the finest environmental and natural resources law externship program in the nation."

Ann Vessels, Director of the Legal Externship program, said, "Denver Law is fortunate to be located in one of the premier legal centers in the world for the study and practice of environmental and natural resources law. Our students have the opportunity to work with leading federal, state and local government agencies, as well as international, national and local public interest organizations, and private law firms. One of our recent students described her experience this way:"

"This was the best experience I had in law school. The substantive work was both challenging and of significance to the office, so the bar was raised high. Working with a real client provided an invaluable bridge to the practice world one can’t get in a classroom. I worked on issues as varied as wind power development on federally managed lands and managing the size of the elk population on a federal refuge. The interaction with the attorneys in the office and the clients of the DOI was invaluable. My Mentor included me in every meeting or experience possible, and also offered great career advice." Kate Williams-Shuck, Externing with Dana Jacobsen, Department of the Interior, Solicitor’s Office, US Department of the Interior

Denver Law Launches New Series on Politics and Environmental and Natural Resources Policy: "A View From Washington" Takes Place October 14

2011-10-07T04:32:00.002-06:00

Denver Law's Environmental and Natural Resources Law Program in conjunction with the nationally recognized law firm of Brownstein Hyatt Farber Schreck will launch a series of four innovative panel discussions over the next two years that will explore the nexus between environmental and natural resources regulation and politics.

The first panel discussion, "A View From Washington: The Current State of Natural Resources Law," will take place October 14 from 4 p.m. to 5.30 p.m. Mountain Daylight Time at the Sturm College of Law. The discussion will also be available through webinar software.

Don Smith, Director of Denver Law's Environmental and Natural Resources Law Program, will moderate a conversation among three people who have served in important government posts and have also practiced environmental and natural resources law. They are:

Alan Gilbert, Special Advisor to Interior Secretary Ken Salazar for the Rocky Mountains and the Southwest. Mr. Gilbert is a former partner at Holme, Roberts & Owen and Sherman & Howard.
Dave Bernhardt, who practices in the Washington, D.C. offices of Brownstein Hyatt Farber Schreck, where he advises clients on environmental and natural resources issues originating from the U.S. Congress, the White House, federal agencies, and the courts. Mr. Bernhardt served as Solicitor of the U.S. Department of the Interior under President George W. Bush.
Mark Mathews, a shareholder in Brownstein Hyatt Farber Schreck’s Denver office, where he is co-chair of the Natural Resources Group. Prior to joining the firm, he was a senior trial attorney in the Environmental Section of the U.S. Deptartment of Justice.

For those attending the panel discussion at the Sturm College of Law there will be a reception following the event.

Attendance is free. However, individuals must register to attend. Please click here for on-site or webinar registration details. You must register to attend.

Mr. Smith said, "This series of panel discussions represents an exceptional opportunity for those interested in the natural resources and environmental fields to hear from our nation's leading experts. The first session will feature three of the most highly regarded names in the county who will address the often vexing, but always interesting and challenging issues of the relationship between natural resources policy and politics. Denver Law is delighted to be partnering with Brownstein Hyatt Farber and Schreck to bring these discussions to all interested parties over the next two years."

2011 Carver Colloquium, to be Held at Denver Law October 20, is Energy Transmmission and Governance

2011-10-05T04:29:00.003-06:00

The focus of the 2011 Carver Colloquium, to be held at Denver Law on October 20, is energy transmission and governance.

A major challenge with renewable energy is the development of a transmission infrastructure to connect rural sources to the urban users, often crossing local, state and regional jurisdictions along the way. The Carver Colloquium will feature former Colorado Governor Bill Ritter, Jr. and Robin Kundis Craig, Associate Dean of the Florida State University College of Law, who will present two models of governance that could overcome this challenge.

The Carver Colloquium is an annual event hosted by the Rocky Mountain Land Use Institute and Professor Jan Laitos, the John. A Carver, Jr. Chair at the University of Denver Sturm College of Law. The Colloquium presents divergent or alternative viewpoints on cutting-edge issues in these fields in a point-counterpoint format.

Former Colorado Governor Ritter is the Director of the Center for the New Energy Economy (CNEE) at Colorado State University. Ritter was elected as Colorado's 41st governor in 2006 and established Colorado as a national and international leader in renewable energy by building a New Energy Economy that is creating thousands of new jobs and establishing hundreds of new companies. Ritter served as Denver's District Attorney from 1993 to January 2005, where he earned a national reputation as one of the country's most effective and innovative prosecutors, and several of his programs continue to serve as state and national models.

Robin Kundis Craig is the Attorney's Title Professor of Law and Associate Dean for Environmental Programs at Florida State University College of Law. She specializes in all things water, including the Clean Water Act, water law and the public trust doctrine, water resources and climate change and the intersection of water issues and land issues. She is the author of several books and over 50 law review articles and book chapters. Professor Craig also serves as Chair of the American Bar Association Section on Environment, Energy, and Resources’ Marine Resources Committee. At Florida State, she teaches several courses and seminars, including: Environmental Law, Water Law, Civil Procedure, Property, International Biodiversity Law, and the Clean Water Act, as well as the Environmental and Land Use Law Certificate Seminar.

To register for the event, please click here.

2011 Denver Law Environmental Moot Court Results: Justine Shepherd, Jillian Kysor, and Jennifer Barnes to Represent DU in National Competition

2011-10-03T01:24:00.001-06:00

The winners of Denver Law's 2011 Environmental Moot Court Competition have been announced.

The competition was organized by the Natural Resources and Environmental Law Society, a student-led organization focused on serving, educating, and providing information to law students about these key areas of the law.

Winning first place and recognized for the highest scoring briefs were Justine Shepherd and Jullian Kysor.

Finalists were Matthew Broderick and Carter Cassidy.

Best Oralist was Jennifer Barnes.

Ms. Shepherd, Ms. Kysor, and Ms. Barnes will represent Denver Law at Pace Law School's National Environmental Moot Court Competition in the spring of 2012.

The Denver Law competition attracted eight teams, double the number that participated in 2010.

Colonel Jan M. and Marjorie G. Laitos Scholarship for 2011 Awarded to MRLS Student Yewande Adeyemo

2011-09-30T04:27:00.004-06:00

Yewande Adeyemo, a Denver Law Masters in Resource Law Studies graduate student, has been awarded the 2011 Colonel Jan M. and Marjorie G. Laitos Scholarship.

Established in 1997, this scholarship supports students of outstanding merit who demonstrate a sincere commitment to the study of natural resources and environmental law.

Ms. Adeyemo is particularly interested in the relationship between energy generation, economic development, and environmental protection. She has written,

"The field of energy is of growing interest for me as I pursue my education. I recognize how integral energy is to the economic viability of any country but also realize that society needs to acknowledge the negatives associated with the ways energy has traditionally been acquired and used. It is extremely important that the various industries, governmental agencies along with everyday consumers broaden their conceptualization of energy with concern to future needs and a growing demand."

Don C. Smith, Director of the Environmental and Natural Resources Law (ENRL) program, said, "Ms. Adeyemo joins a long list of former recipients of this scholarship. We are delighted she has been recognized with this award, which was generously established by Colonel and Mrs. Laitos in support of the ENRL program."

Editor's note: Ms. Adeyemo, on the left, with Lucy Daberkow, Assistant Administrative Director for the ENRL Graduate Program.

Joshua Epel, Chair of the Colorado Public Utilities Commission, Speaks to Denver Law Students: Explains the Work of the PUC

2011-09-29T05:34:00.004-06:00

Joshua Epel, Chair of the Colorado Public Utilities Commission (PUC), spoke recently to a standing room only crowd of Denver Law students about the work of the PUC as well as the importance of integrity as a defining element of professionalism.

Chairman Epel noted the broad range of firms the PUC regulates, including intrastate telecommunications services, investor-owned electric, gas, and water utilities. The PUC also has partial regulatory control over municipal and electric associations. In addition, he talked about specific topics such as how the PUC conducts business, the roles of the various parties in a regulatory hearing, the relationship between state and federal regulators, and challenges in determining what is in "the public interest."

His remarks also touched on the need for legal professionals to carry out their responsibilities in a manner characterized by civility and integrity.

Don C. Smith, director of the Environmental and Natural Resources Law (ENRL) Program, said, "It was a great honor for Denver Law to host Chairman Epel. In many respects, the Colorado Public Utilities Commission is involved in cutting-edge issues, and thus we were able to benefit from the Chairman's observations about the utilities sector as well as the work of PUC. It was an additional benefit to hear Chairman Epel's observations about the need for professionalism as part of a practitioner's overall identity. We are delighted he was able to join us."

Chairman Epel's remarks were part of the ENRL Speaker Series, a regular gathering at Denver Law featuring professionals working in the environmental and natural resources fields.

Editor's note: Left to right in the picture, Professor K.K. DuVivier, PUC Chair Joshua Epel, 2L student Jeff Breidenbach, ENRL Director Don Smith, 1L student Laurie Strong.

University of Denver Water Law Review Announces New Staff Members

2011-09-27T17:02:00.010-06:00

The University of Denver Water Law Review has announced the newest additions to its editorial staff.

In making the announcement Matt Brodahl, Editor in Chief, said, "The Water Law Review accepted 21 new members this fall in what was one of the most competitive write-ons in recent memory. We are very excited to have such a great group of students joining the Water Law Review."

The new members are:

Andrea Aguilera-Moreno
Sarah Barth
Jonathan Culwell
Kelly DeLaney
Tyler Geisert
Elisabeth Hutchinson
Alan Kitchen
Amy Kho
Max Lawrie
Michael Lerch
Zachariah Lockwood
Patrick Peluso
Anthony Perko
Taylor Rork
Darin Smith
Robert Sykes
Winslow Taylor
Scott Thompson
Matthew Watson
Jessica Weiss
Jessica Zaegel

First published in 1997, the Water Law Review is a practical resource for lawyers, policy makers, and students. Continued involvement in the water law community allows the Review to stay current on developing water issues. Every issue includes up to date articles on developing water law issues, as well as several other useful and interesting resources such as biographies of water practitioners, book notes, conference reports, and coverage of water cases from all U.S. federal and state courts.

The Water Law Review is a student run journal. Students are responsible for the production of the journal, from the solicitation of articles to the final content editing and publishing. Students gain valuable experience in legal research, writing, management, and water law from their involvement on the Water Law Review.

Denver Law Environmental and Natural Resources Law Program International Student Profile: Veronica Morelli (Peru)

2011-09-16T01:13:00.001-06:00

Our Environmental and Natural Resources Law and Policy program is renowned for its student diversity. We'd like to highlight our international students and their very interesting backgrounds. The first one in this series is Veronica Morelli, an LLM student from Peru who has an extremely interesting background.

1. Where are you originally from? And where did you grow up? Tell us about your home city or region.

I was born and raised in Lima, Peru. Lima is the capital of Peru, located in the coast of the Pacific Ocean, and home of 9 of the 30 million total population of Peru.

2. What is your educational background? When and where did you attend school and university?

I studied Law in the Peruvian University of Applied Sciences (UPC), in Lima, Peru.

3. What experiences have you had, thus far in your career, in terms of addressing environmental or natural resources issues?

I've gained all my professional experience addressing environmental and natural resources issues at PERU LNG S.R.L, the company that built and currently operates the first LNG (Liquefied Natural Gas) business in South America. The project required the elaboration and approval of several Social Environmental Impact Assessments, permitting for the use of natural resources (like water permits), land use planning and easements negotiation along PERU LNG's own 408 kilometer pipeline, port and marine permits and certifications, among others.

In addition, PERU LNG obtained a loan of $800 million from the International Development Bank, which constituted the largest loan for a private project ever made in Peru; the application for this financing required PERU LNG to meet several international environmental and social standards and guidelines, which were implemented by PERU LNG and its compliance is constantly supervised by lenders and Peruvian regulatory entities.

My work as an in house lawyer of PERU LNG has been to support the social and environmental teams in the previously described tasks.

4. What are the key environmental and natural resources issues in your home country?

Water quality, air pollution in urban areas, illegal mining and illegal timber.

5. You have chosen to study at Denver Law. Why did you make this choice and what are you hoping to learn and experience while you are here?

I decided to look for an LLM program that can expand my expertise in energy, environmental and natural resources, rather than a general LLM.

Searching for that special program, I studied very carefully the LLM options in various USA and European universities, including in my evaluation not only the academic aspects, but also the location of those universities and the living experience they offer. I concluded that Denver University was the best option to take, not only for having a highly ranked program, but also for its well defined course menu, its high quality professors, and its wonderful location in Denver, which is a quiet and beautiful city.

I'm hoping to learn more about energy and environmental law but with an international perspective. At the same time, I'm hoping to have a great living experience, enjoy the outdoors, make friends from different countries, and enjoy that experience with my husband (Eduardo Paseta) who is also an LLM student.

6. What is your personal philosophy or point of view in terms of the relationship of the environment and natural resources?

My answer is driven by my professional experience in the natural resources extractive sector. I believe that natural resources shall be developed responsibly and in harmony with the environment; the environmental and social aspects constitute the main consideration at the moment of making an investment decision, and continue being an important and core aspect during the development of the activity. Nowadays, it's inconceivable to think about the use of natural resources without having as a principal matter consideration of the environmental aspects involved in the execution of said activity.

7.Tell us something you would like us to know about your country.

Peru is a rich country in terms of natural resources and biodiversity. It is a huge scenario of altitudinal ecological zones (eco-stratas) and live species that make it one of the most important focuses of biodiversity in the world.

According to a report from the World Bank in 2007, Peru is among the 12 countries that have 70% of the biological diversity in the Earth. Peru is also one of the world centers of genetic resources of flora and fauna. For example, Peru is the only country with more than 3,000 varieties of potato, 36 species of corn and a notable variety of grains and Andean roots.

In addition, Peru has 650 species of fruits and 787 varieties of eating, medical and ornamental plants. Moreover, Peru has 128 species of domesticated native plants. From 4 of the most important crops for the alimentation of human kind (corn, wheat, rice and potato), Peru has a high genetic biodiversity in 2 of them: potato and corn. Finally, Peru has 28 of the 32 existing climates in the world, and in any of its 11 altitudinal ecological zones, new varieties of live species can still be found.

8. What is something about you that most people don't know about (for example, do you have an unusual hobby or have perhaps have had an unusual experience in your life)?

I don't have an unusual hobby nor have had an unusual experience in my life, but I guess most people don't know that I have a great ability for writing, and that one of my dreams is to write a novel someday.

9. Who are your professional role models?

My oldest sister, Marta.

10. What are your plans after completion of your degree?

In the professional aspect, and as an immediate plan, I will return to Peru and continue working at PERU LNG. In the personal aspect, my husband and I are planning to start a family and have our first daughter/son.

Colorado to Host World Renewable Energy Forum 2012: The World's Experts Come to Denver

2011-09-14T01:20:00.001-06:00

Colorado's leadership role in renewable energy will be in the spotlight May 13-19, 2012, when the World Renewable Energy Forum (WREF) comes to Denver.

The WREF is the longest-running educational event for solar energy professionals in the United States. Now in its 41st year, the WREF program is begin developed by solar energy experts in areas such as technology, buildings, policy, professional education, workforce development, and consumer education.

The event is being presented by the American Solar Energy Society and the International Solar Energy Society, and the World Renewable Energy Network along with significant support from the Colorado Renewable Energy Society. The National Renewable Energy Laboratory will also play a large role at the conference.

Chuck Kutscher, conference program chair, said, "Our conference will not only look at how renewable energy technologies can address the environmental and energy crisis from an international perspective but also what it will take to integrate renewables into the world’s energy infrastructure on a very large scale.

"To accomplish this energy transition, we not only need to power our electric grids with renewable energy, but we also need to empower people to play active roles in our energy transition, especially in developing nations."

For more information about the WREF, please click here.

Dr. Dan Arvizu, Director of National Renewable Energy Lab and a Keynote Speaker at Denver Law Renewable Energy Summit, Featured on E&E TV Interview

2011-09-12T01:24:00.001-06:00

Dr. Dan Arvizu, director of the National Renewable Energy Laboratory (NREL) and one of the keynote speakers for the Renewable Energy Law & Policy Summit, to be held at Denver Law November 7, was recently interviewed on E&E TV about the status of renewable energy research in the United States as well as what is going on globally.

He noted that considerable investments are being made in renewable energy and energy efficiency programs in Germany and China. At the same time, he expressed enthusiasm for work that is taking place at NREL and said that the lab had won three Research and Development 100 Awards in 2011.

To see the full interview, please click here.

To learn more about the Renewable Energy Law & Policy Summit, please click here.

Joshua Epel, Chair of the Colorado Public Utilities Commission, to Speak at Denver Law on September 22

2011-09-09T04:25:00.003-06:00

Joshua Epel, Chair of the Colorado Public Utilities Commission, will speak at Denver Law on September 22 from 12 noon to 1 p.m. in room 170. Chairman Epel's remarks are part of the Environmental and Natural Resources Law (ENRL) Program Speaker Series.

Before joining the PUC, Mr. Epel was the Assistant General Counsel at DCP Midstream, the second largest natural gas gatherer and processor in the U.S. as well as a major producer of natural gas liquids and marketer of natural gas across the nation. He was also responsible for multiple areas of operation and helped to develop the company’s climate change strategy.

Mr. Epel’s environmental work led him to be appointed to the Colorado Oil and Gas Commission, where he served as Chair.

In appointing Mr. Epel to the PUC, Colorado Gov. John Hickenlooper said, “Joshua Epel brings a broad range of experience in energy and environmental policy. His strong business, engineering and legal background give him a strong foundation for leading the Colorado Public Utilities Commission. Joshua is also someone with a deep social conscience and a proven record of civic engagement. He’ll be independent-minded, objective and collaborative, all qualities important for the PUC.”

Don Smith, Director of the ENRL Program, said, "It will be a great pleasure for Denver Law to welcome Chairman Epel. The Colorado PUC is centrally involved in the regulation of key state utilities. This is a particularly appropriate time for the Chairman to visit Denver Law since the PUC's work is so closely tied to services that all Coloradans depend on to sustain a vibrant and growth oriented but environmentally friendly economy. Our students will learn a great deal about the challenges of balancing the various interests that are a part of what the PUC must take into consideration."

Food will be provided at the noontime session.

John Herrick, Senior Counsel With Denver's Brownstein Firm, Named "Best Renewable Energy Lawyer" in Law Week Colorado's Barrister's Best Issue

2011-09-08T01:23:00.002-06:00

Denver Law Adjunct Professor John Herrick has been named Colorado's "Best Renewable Energy Lawyer" in Law Week Colorado's Barrister's Best issue.

Mr. Herrick, who teaches Renewable Energy Project Finance, is Senior Counsel in the Denver office of Brownstein Hyatt Farber Schreck and a member of the Natural Resources Group. He is working to further develop the sustainability and clean technology practice area for the firm.

As reported by Law Week Colorado, "John Herrick has extensive experience on both sides of the renewable energy spectrum. He worked as Chief Counsel for the Department of Energy's Golden office for 15 years before joining Brownstein where he's helped clients with clean energy, solar, wind and geothermal projects."

Recently Mr. Herrick was part of a Brownstein team that negotiated a $25 million deal involving the U.S. Department of Energy and a biorefinery in California.

Don Smith, Director of the Environmental and Natural Resources Law and Policy Program at Denver Law, said, "John Herrick is internationally recognized for a broad spectrum of activities in renewable energy. Moreover, he is one of America's leading practitioners in assisting companies in entering into public and private partnerships in energy financing. All of us at Denver Law are thrilled with this news, and we are delighted he continues to be a big part of our renewable energy law program."

Thomas L. Sansonetti, Former U.S. Assistant Attorney General for the Environment and Natural Resources, Named 2012 Practitioner in Residence

2011-09-07T00:52:00.001-06:00

The Denver Law 2012 Distinguished Natural Resources Practitioner in Residence will be Thomas L. Sansonetti, a partner with Holland & Hart. Mr. Sansonetti leads the firm's Energy, Environment, and Natural Resources Practice group, which is ranked as the best natural resources practice in the country by Best Lawyers in America.

Don C. Smith, Director of the Environmental and Natural Resources Law & Policy Program, said, "The Distinguished Natural Resources Practitioner in Residence Seminar is a 'capstone seminar' taught each year in the Spring Semester by a prominent natural resources or environmental law lawyer who has extensive experience in energy, resources, or environmental law work. We are delighted to welcome Mr. Sansonetti, one of America's most experienced natural resources attorneys, as next year's practitioner in residence."

According to John A. Carver Jr. Professor of Law Jan G. Laitos, who established the seminar, the focus of the Seminar is on skills training, where the skills taught are those that all lawyers need in order to have a successful career in the practice of law. Among the "how-to" skills typically addressed are: (1) how to obtain a job, either as a lawyer or as a law-trained worker; (2) how to obtain and retain clients; (3) how to work in the private sector, government sector, business sector, and in-house sector; (4) how to deal with technical or scientific matters in a legal context; (5) how to work in the litigation arena, before trial and appellate courts; and (6) how to practice or appear before administrative agencies.

From 1990 to 1993, Mr. Sansonetti was Solicitor of the U.S. Department of the Interior, the number three ranking position in the department. During his tenure, he signed the $1.1 billion Exxon Valdez oil spill settlement, having served as one of the six federal negotiators, and was Counsel to the Endangered Species Committee for the Spotted Owl hearings in Oregon.

Mr. Sansonetti served as the Assistant Attorney General for the Environment and Natural Resources Division (ENRD) of the U.s. Department of Justice from December 2001-April 2005. As one of the top leaders in the Justice Department, he was deeply involved in responding to post-9/11 events, including working with the new Department of Homeland Security. He managed a budget of $115 million and supervised 650 employees including a legal staff of 425 attorneys.

Mr. Sansonetti, who originally joined Holland & Hart in 1993, rejoined the firm's Cheyenne, Wyoming, office in 2005.

Denver Law LLM Graduates in Environmental and Natural Resources Law Talk About Their Experiences at DU, Share Advice For Prospective Students

2011-09-05T01:13:00.001-06:00

Recent graduates of the Denver Law Environmental and Natural Resources Law and Policy Graduate Program are featured in a new series of video interviews. In the interviews, the graduates talk about their experience at DU. In addition, they offer advice to prospective students who are considering applying to study at DU.

The first graduate to be featured is Brent Burgie, a Colorado native, who earned his JD degree at the University of Indiana at Indianapolis. His video can be viewed by clicking here. While studying at Denver Law, Mr. Burgie presented a report about renewable energy incentives to the Colorado Public Utilities Commission. To read more about this, please click here.

Don C. Smith, Director of the Graduate Program, said, "In many respects, those who know the program the best -- that is our graduates -- are most well positioned to talk about their entire experience, what they found to be the most valuable and enduring in terms of their studies. We constantly find that our graduates tell the most compelling stories about the wisdom of studying at DU."

Lucy Daberkow, Assistant Administrative Director of the Graduate Program, said, "These interviews will be particularly helpful for those who are thinking about applying to graduate program. The interviews are full of advice from past graduates, who provide insight into what it is like to study at Denver Law as well as guidance to prospective students."

Each month a different graduate will be featured.

To see a selection of interviews of LLM and Masters of Resource Law Studies Graduates, please click here.

Environmental and Natural Resources Law Program at Denver Law to Convene Major Renewable Energy "Summit" on November 7 in Denver

2011-09-01T01:52:00.001-06:00

The Environmental and Natural Resources Law Program at Denver Law will convene a major conference, the Renewable Energy Law & Policy Summit, on November 7 at the Ricketson Law Building on the DU campus.

Holland & Hart, one of the country's leading renewable energy development law firms, is the presenting sponsor. The National Renewable Energy Laboratory (NREL), the only federal laboratory dedicated to the research, development, commercialization and deployment of renewable energy is a supporting sponsor.

The one-day conference, which is being held in conjunction with NREL's 24th Industry Growth Forum, will consider the current and emerging legal, policy, and regulatory issues in relation to renewable energy.

Don Smith, Director of the Environmental and Natural Resources Program at DU, said, "Renewable energy is becoming an ever more important subject in the context of U.S. energy security as well as reducing the environmental impact of energy generation. Denver Law is committed to being the nation's leading law school when it comes to studying about renewables. We think this conference, in which we will bring together key industry representatives, legal practitioners, academics, and others is another step in delivering on that commitment."

The conference will include three keynote speakers. In the morning, David Eves, President and CEO of Public Service Company of Colorado, and Susan Reilly, President and CEO of RES Americas, will speak. The lunchtime speech will be delivered by Dan Arvizu, Director and Chief Executive of NREL. After more than three decades of professional engagement in the clean energy field, Dr. Arvizu is widely recognize as one of the world's leading experts on renewable energy and sustainable energy.

The event is open to anyone interested in issues related to renewable energy. Following the program, there will be a networking event where attendees can meet the speakers.

Please click here for more information about the conference, including registration details.

Denver Law's Environmental and Natural Resources Law Graduate Program Autumn 2011 Party; Students From More Than 10 Different Countries in Attendance

2011-08-30T13:33:00.003-06:00

The Autumn 2011 Welcome Party for students entering Denver Law's Environmental and Natural Resources Law & Policy Program was held recently. The party, organized by Associate Administrative Director Lucy Daberkow, was held at Professor Don Smith's home in Denver.

The event has become part of the yearly schedule for the graduate program. It gives students an opportunity to meet each other as well as interact with various members of the faculty.

This year's party brought together a wide range of students, with at least 10 different countries represented.

The pictures on this blog posting reflect the fun and community building that took place during the event. Associate Administrative Director Lucy Daberkow said "it is wonderful to see the strong sense of camaraderie among the students in our program. International and US students form life-long friendships in our program and are extremely happy to be part of Denver Law's outstanding community."

The women in the picture above represent eight different countries associated with the program. From left to right, Lucy Daberkow (Mexico), Lise-Anne McLaughlin (Canada), Ming Xiao (China), Jessica Allen (U.S.), Sasha Chinenova (Russia), Yewande Adeyemo (U.S.), Veronica Morelli (Peru), Dela Obeng-Sakyi (Ghana), and Tamiko Watanabe (Japan).

The people in the photo on the left are Professor Justin Pidot and students Yewande Adeyemo and Tom Bayly.

This picture shows Director Don Smith, Tamiko Watanabe and Min Xiao.

Here we see (from left to right) Raul Herrera (Peru), Lucy Daberkow, Felipe Abreu (Brazil), Eduardo Paseta (Peru), and Sergio Saenz (Mexico).

This next photo shows Veronica Morelli, Dela Obeng-Sakyi, and Adjunct Professor Bob Bassett.

Our final photo shows Yewande Adeyemo and Lucy Daberkow.

2011 LLM Graduate Nino Coppero Visits Denver in Role as Attorney for New Peruvian Copper Mine Owned by HudBay Minerals of Toronto

2011-08-29T01:10:00.001-06:00

Nino Coppero, a 2011 LLM Graduate from the Denver Law Environmental and Natural Resources Law & Policy Graduate Program, was in Denver last week in his role as attorney for a new copper mine being planned for southern Peru.

The new mine, Constancia, is located near Cuzco. It is owned by HudBay Minerals of Toronto.

While in Denver he met with a local engineering firm that is working on the processing plant permit.

Before joining HudBay Minerals, Mr. Coppero worked with the firm of Rodrigo, Elias & Medrano Abogados in Lima. At the firm he worked for Luis Carlos Rodrigo, a well known mining lawyer, who has also taught at Denver Law.

Mr. Coppero is a Fellow for the Sustainable Development Strategies Group and has taught mining and oil and gas law at the Peruvian University of Applied Sciences College of Law.

Editor's note: In the photo, Mr. Coppero is standing; Lucy Daberkow, Associate Administrative Director for the Graduate Program is on the left and Don Smith, Director of the Graduate Program, is sitting in front.

David Loomis, Environmental Planner for the U.S. Forest Service, to Speak on NEPA at Denver Law on September 8

2011-08-26T01:51:00.001-06:00

David Loomis, an environmental planner for the U.S. Forest Service's Rocky Mountain Region, will talk about "The National Environmental Policy Act: A Practitioner's Perspective" on Thursday, September 8, from 12 noon to 1 p.m. in room 270 at the Sturm College of Law.

The noontime presentation is the first in the Environmental and Natural Resources Law & Policy guest speakers series that will run throughout the entire academic year. All interested students are welcome to attend. Food will be provided.

Mr. Loomis provides advice, guidance, and training to the 11 National Forests in the Region. He also supervises an externship for Denver Law students for the Region's strategic planning staff. He has a Bachelor's degree in Economics and a Master of Science in Land Use Planning Policy. He is a regular guest lecturer on NEPA issues at Colorado State University.

For further information, please contact Lucy Daberkow, Assistant Administrative Director for the Environmental and Natural Resources Law & Policy Graduate Program, at ldaberkow@law.du.edu.

DU Environmental and Natural Resources Law & Policy Graduate Program Brochure now Available Electronically

2011-08-24T01:37:00.003-06:00

Denver Law's Environmental and Natural Resources Law & Policy Graduate Program brochure, "Focus on the Global Horizon," is now available in "flip book" style on the program's website.

The brochure can be easily read around the world by anyone with Internet access. The "flip book" style allows viewers to read a page-by-page version of the brochure, which is identical to the hard copy brochure.

The brochure can be accessed by clicking here and then going to the right-hand side of the page.

One of the unique aspects of the electronic version of the brochure is that it incorporates a link to a video about the program, a feature that was never available with the hardcopy brochure.

Lucy Daberkow, Assistant Administrative Director of the Graduate Program, and Meghan Howes, Director of Communications for Denver Law, spearheaded the effort to make the brochure available on the web.

Ms. Daberkow said, "One of the cornerstones of our environmental and natural resources law graduate program is attracting a diverse student body made up of individuals from around the world. This new 'flip book' version of our brochure allows people worldwide to see and experience our program first-hand without the need to wait for days and sometimes weeks to receive a copy of the brochure. This new brochure will help us recruit even more diverse student groups in the future."

The 2011-2012 graduate program class is made up of students from 10 different countries. Click here to see more about the new class.

Justin Pidot, Assistant Professor at Denver Law, Weighs in on Delisting of Gray Wolf

2011-08-22T05:25:00.004-06:00

Denver Law Assistant Professor Justin Pidot weighed in last week about Congress's decision to reinstate the delisting decision of the gray wolf in the mountain west.

Professor Pidot's comments came on the blog Legal Planet, a collaboration between the Univeristy of California Berkeley School of Law and UCLA School of Law. Legal Planet provides insight and analysis on energy and environmental law and policy.

Professor Pidot wrote in part, "...[S]tepping back from the arcane separation of powers questions dominant in the legal case, I think we ill-serve the Endangered Species Act and biodiversity conservation more generally when we object too strenuously to delisting canus lupis."

To read Professor Pidot's comments, please click here.

Professor Pidot teaches Environmental Law and Property Law.

Hani Yaafouri writes on escalating food prices and food shortages

2011-08-19T00:53:00.006-06:00

This commentary lays out the reasons behind the escalating food prices and the shortages in food supply in the developing nations. In its state of security report in 2006, the UN Food and Agriculture Organization (FOA), estimated that 854 million people worldwide suffer from hunger and malnutrition including 820 million in developing countries due to shortages in food supply.

The increase in food prices is due to several factors. First, economic growth in some developing nations like China and India is straining our natural resources as demand for food has reached historic levels. Second, the rapid rise in petroleum prices due to constant unrest in the oil rich Middle East (Libya, Egypt, Yemen, Syria) and the escalating cost of shipping food supply across the globe are putting an unprecedented pressure on food prices due to the increase in transportation costs. Third, continuous increase in temperature due to climate change has impacted fresh water supply which is affecting crop production and supply. Fourth, the unprecedented demand from the biofuels sector is also affecting food prices.

Food shortages and escalating food prices are serious threats facing our world. The main reasons are attributed to unprecedented demand on our natural resources from the developing world, continuous increase in oil prices and the huge demand from the biofuels sector for agricultural lands. In order to mitigate these challenges, we need new agricultural policies and a new sustainable food frame work that increase the participation of developing nations in order to mitigate these challenges.

Hani Yaafouri
Masters of Resources Law Studies program graduate

Editor's note: Mr. Hani Yaafouri, who is originally from Lebanon, graduated from Denver Law's Masters of Resources Law Studies program in 2010.

Denver Law Adjunct Professor Catherine Keske Studies how to Convert Animal and Food Waste to Energy

2011-08-17T05:13:00.001-06:00

Denver Law Adjunct Professor Catherine Keske is conducting work to determine how to convert animal and food waste into energy, in an economically feasible way.

One technology is "anaerobic digestion." This involves using microbes to convert the waste into methane. The methane is captured and is either used as biogas (to heat a boiler) or converted into electricity through a generator. The methane capture reduces green house gas emissions and creates energy.

Dr. Keske, a leading resource economist and professor at Colorado State University, says:

"My findings have shown that in the western U.S., scarce water resources yield different agricultural management practices than in the eastern U.S. Less water, as well as relatively low energy prices, make anaerobic digestion less economically feasible than in the eastern U.S. However, some western municipalities and agricultural operations have shown that they can successfully implement anaerobic digestion if they can appropriately offset the costs. Nuisiance lawsuit mitigation is another factor that could make the anaerobic digestion technology economically feasible.

"Right now I am working with early adoptors to identify the elements that have made anaerobic digestion economically feasible for their company. This way, we can replicate their work with other operations."

Dr. Keske has been funded by four different agencies (National Resource Conservation Service, the Colorado Governor's Energy Office, U.S. A.I.D. and Montana State University Extension) to study the issue. She works rather closely with Dr. Sybil Sharvelle, a professor of Civil and Environmental Engineering at Colorado State. Dr. Sharvelle is developing technology, which she calls, "dry digestion technology" that can make anaerobic digestion feasible in arid climates like Colorado. Should dry digestion technology become commercially available, costs associated with water will also be reduced and more operations might be able to adopt anaerobic digestion technology.

Interested readers can download the technical report written for the Colorado Governor's Energy Office by clicking here.

Don Smith, director of Denver Law's Environmental and Natural Resources Law & Policy Program, said, "Dr. Keske newest project demonstrates once again why we are thrilled to have her teach at DU. Her courses -- "Economics of Natural Resources and the Environment: Policy, Markets, and Economic Measurement" and "Public Utilities Regulation" -- are highly respected by our faculty and students. The courses contribute richness and breadth to our outstanding environmental and natural resources program, and we are delighted she is part of our program."

Rocky Mountain Mineral Law Foundation Announces Spring 2012 Scholarship Program: Applications Due October 3

2011-08-15T00:21:00.002-06:00

The Rocky Mountain Mineral Law Foundation, one of the world's premier professional groups focusing on natural resources issues, has announced its Spring 2012 Scholarship Program.

The purpose of the program is to encourage the study of natural resources law by well qualified law students who have the potential to make significant contributions to scholarship in natural resources law. Scholarship applications are due October 3, 2011.

Full-time Denver Law students who can demonstrate a commitment to study natural resources law or who are undertaking the study of natural resources law are eligible to apply for this scholarship. Recent scholarship awards have ranged from $1,500 to $11,000.

Don Smith, director of the Environmental and Natural Resources Law Program, encouraged Denver Law students to consider applying for the scholarship. "In recent years, Denver Law has been honored to have many of our students win substantial scholarships from the Rocky Mountain Mineral Law Foundation. These scholarships benefit students not only in terms of the money received but also in helping students network with many of the world's finest leaders and thinkers in the natural resources sector who are a part of this prestigious organization."

For a flyer about the program, please click here. The application for a scholarship is available by clicking here.

Denver Law Welcomes the 2011-2012 Class in the Environmental and Natural Resources Graduate Program: 10 Countries Represented

2011-08-12T01:04:00.012-06:00

The 2011-2012 class of students in Denver Law's Environmental and Natural Resources Law & Policy Graduate Program were welcomed earlier this week by Don Smith, director of the program, and Lucy Daberkow, assistant administrative director.

The program has a long history of attracting students from all over the world, and this year's class is no different. Students from nine different countries attended the program's orientation session. Taken together, the students span the globe from many key regions and countries involved with important environmental and resource issues.

The specific countries represented were:

Brazil

Canada

China

Ghana

Japan

Peru

Russia

Saudi Arabia

United States

Continuing students from Mexico and many of the countries listed mean that this year's class will include students from 10 different countries.

In terms of the United States, the program will include in-coming students from California, Colorado, Florida, Illinois, Maryland, Minnesota, Missouri, Montana, New York, Ohio, Pennsylvania, Tennessee, Texas, Wisconsin, and Wyoming.

Don Smith said, "The Denver Law Environmental and Natural Resources Graduate Program has a long-standing history of attracting the best students from all around the U.S. as well as from all over the world. We are delighted to say that our graduates are involved in important projects all over the globe and that the time they spent at Denver Law has helped prepare them for their challenging positions."

Lucy Daberkow said, "Recruiting students from around the world is one of the program's top priorities. It is gratifying to watch how all of our students -- from the U.S. and abroad -- come together and learn from each other. Today's world requires the ability to work in a global setting. Our aim is to help introduce our students to that setting."

Rigzone Website Survey Says Denver is World's No. 4 Ranked City in "Up and Coming" Oil and Gas Cities

2011-08-10T01:20:00.001-06:00

A recent survey of "up and coming" cities for oil and gas professionals lists Denver as No. 4 in the world. According to the same survey, the No. 1 city is Dubai, United Arab Emirates, followed by Calgary, Canada, at No. 2 and Rio de Janeiro, Brazil, No. 3.

The survey was conducted by Rigzone, a Houston-based website that calls itself the "gateway to the oil and gas industry."

David Kent, the president of Rigzone, told the Denver Business Journal, "Houston is considered the oil and gas capital of the world, but with its weather, 98 degrees and 98 percent humidity in the summer, I'd rather be in Denver. I'm not surprised that Denver popped up on the list" ("Gushing praise for Denver," July 8-14, 2011.).

Other cities ranked in the top 10 were: No. 5, Singapore; No. 6 Perth, Australia; No. 7, Cairo, Egypt; No. 8 Kuala Lumpur, Malaysia; No. 9, Jakarta, Indonesia; and No. 10, Ciudad del Carmen, Mexico.

The oil and gas industry in Colorado employs about 50,000 people directly while supporting nearly 200,000 additional jobs. The sector contributes $24 billion in value added economic output annually, according to the Colorado Oil and Gas Association.

Don Smith, director of the Denver Law Environmental and Natural Resources Law & Policy Program, said, "Those of us who call Denver home are not surprised by Rigzone's survey findings. Denver is great place to live and do business. Moreover, Denver Law offers an exceptional array of courses that address oil and gas from domestic and international perspectives. Students from all across the world come to Denver Law to study about this important natural resources sector."

Adjunct Professor and Argentine Mining Expert Florencia Heredia Writes About Mining Law for Latin Lawyer Magazine

2011-08-08T01:52:00.002-06:00

Florencia Heredia, a partner at the Buenos Aries, Argentina, law firm HOLT Abogados, recently contributed an article to Latin Lawyer about mining in Argentina.

In "Mining 2011 - Argentina," Ms. Heredia provides an overview of the Argentine mining industry and describes the legal and regulatory framework there. She also discusses the investment regime applicable to foreign company involvement in mining projects.

The article explains the mining exploration and exploitation permit or concession regime as well as the licensing regime. In addition, she describes the collateral security arrangements permitted in Argentina.

Ms. Heredia is the Senior Vice-Chair of the International Bar Association's Mining Law Committee. She also has served as a Trustee of the Rocky Mountain Mineral Law Foundation.

In the summer of 2009, Ms. Heredia teamed up with fellow mining law expert Luis Carlos Rodrigo, a partner in the firm of Rodrigo, Elias & Medrano Abogados in Lima, Peru, to teach a first of its kind course, "Comparative Latin American Mining Law" at Denver Law. The one-week intensive course generated high praise by students for its substantive content as well as the opportunity it provided them to learn from two of the most distinguished mining lawyers in the world. Plans are underway to have Ms. Heredia and Mr. Rodrigo return to Denver in 2012 to teach the course again.

Editor's Note: The linked article from Latin Lawyer has been reproduced from Law Business Reseach. This was was first published in Latin Lawyer Reference - Mining 2011 (Contributing Editors Richard Brach and Carolina Walther-Meade, Milbank, Tweed, Hadley & McCloy LLP). For further information please visit www.LatinLawyer.com/reference.

Denver Law Associate Professor Annecoos Wiersema Writes About New UN Website: InforMEA

2011-08-04T14:32:00.010-06:00

This summer, the United Nations launched a website with important implications for the future of international environmental law. InforMEA, the United Nations Portal on Multilateral Environmental Agreements brings together information relating to 17 multilateral environmental agreements (MEAs) from 12 Secretariats hosted by three UN organizations and the International Union for Conservation of Nature (IUCN). It is also open to nongovernmental observers involved in MEA information and data management. The portal will contain decisions, resolutions, and recommendations from conferences and meetings of the parties (COPs and MOPs), calendars, news and events, and certain national contacts. It will also harmonize information from across the MEAs, so that information is more easily accessible and usable. Elsewhere, I have written about the significance of COP and MOP activity. This portal will bring this activity together in one place, in easily accessible format.

Why is this move so significant? It has the potential to affect three areas of current concern to international environmental lawyers: sectoral fragmentation, the relationship between international law and domestic law, and accountability.

First, the portal might help us manage the sectoral fragmentation we see in international law, particularly in international environmental law. Many commentators have worried that connections among treaties that have substantial overlap are weak or completely lacking. This can lead to, at best, unnecessary duplication and, at worst, one subject matter treaty undermining the goals of another treaty that deals with a different subject matter. Worries about the effects of climate change mitigation efforts on biodiversity are a good example of this. This portal offers the potential for those interested to find avenues for coordination and linkages as they see what all the MEAs are working on.

Second, information that is more accessible is also more useful to national authorities. As international environmental law is increasingly connected to domestic law and implementation, this accessibility will be key. Sustainability requires recognition of local context and localized activities, as well as some international coordination of information and sharing of experience. The role of international environmental law as a clearinghouse of information is greatly enhanced by this portal.

Third, the amount of activity undertaken by the COPs and MOPs of MEAS, as well as various technical bodies, has created concern about accountability. NYU’s Global Administrative Law Project is an example of one response to this concern. This portal can enhance informal accountability because it will now be much easier to find out what COPs, MOPs, and various technical bodies are doing. The participation of nongovernmental observers is important for this, but the portal’s openness to the world at large is also key here.

Interestingly, a search on the portal under the subject category “Issues common to MEA’s” yielded no results under treaties or decisions! But maybe this portal will start to change that. How much this portal can do will depend ultimately both on how much information it has and how committed various stakeholders are to using it. But it offers real promise. International environmental lawyers, watch this space: http://informea.org/.

Annecoos Wiersema
Associate Professor

"Towards Sustainable Companies: Identifying New Avenues" Conference in Oslo, Norway, Features Strong Denver Law Contingent

2011-07-29T14:57:00.022-06:00

Denver Law Professor Celia Taylor, Adjunct Professor Anita Halvorssen, and Environmental and Natural Resources Law & Policy LLM Graduate Diego Parravicini will chair panels at an upcoming conference at University of Oslo, Oslo, Norway, on August 29-30, 2011.

"Towards Sustainable Companies: Identifying New Avenues" is an international conference bringing together researchers from all over the world to discuss these important issues. How can we find new and fruitful avenues to make companies and thereby our economies sustainable?

“Business as usual is arguably unsustainable," the three DU-affiliated individuals said. "We urgently need to alter the direction of our businesses towards a balance between achieving profit and contributing to social development within the non-negotiable ecological boundaries of our planet. Climate change is the case in point for the Sustainable Companies project. The project is dedicated to the development and refinement of efficient tools to realize the significant potential within companies to make independent, creative and active contributions to mitigate climate change."

The panels that the three will chair are:

"Case Studies on Human Rights and Environmental Law," Dr. Halvorssen
"Corporate Governance, Shareholder Primacy, and Fiduciary Duties," Professor Taylor
"Corporate Social Responsibility, Codes, Accounting and Reporting," Mr. Parravicini

The Sustainable Companies Project at the University of Oslo Faculty of Law invites scholars from different branches of academia, practitioners and decision-makers from business and government to participate in a high-level discussion of these questions, in a multi-jurisdictional and cross-disciplinary context.

Professor Celia Taylor, who teaches about "Securities Regulation," "Business Law," and "Corporations and Corporate Governance," Adjunct Professor Anita Halvorssen, who teaches "Sustainable Development" and "Trade and Global Climate Change Law and Policy," and Diego Parravicini, a 2009 LLM graduate and now an attorney with the Buenos Aires-based firm of Beccar Varela, are members of the Sustainable Companies Project hosting the conference.

Individuals interested in registering for the conference should click here.

Denver Law JD and LLM Graduate Alyson Meyer Gould Begins as Associate Attorney With Holsinger Law, a Boutique Natural Resources Firm in Denver

2011-07-25T01:29:00.002-06:00

Alyson Meyer Gould, a 2010 JD Denver Law graduate and a 2011 Denver Law Environmental and Natural Resources Law LLM graduate, has joined the Holsinger Law firm as an associate in Denver.

Holsinger Law is a boutique natural resources law firm that specializes in lands, wildlife, and water law.

Ms. Gould studied biology at Bucknell University before coming to Denver Law. She distinguished herself as a top student while at Denver Law, earning the Outstanding LLM Student of the Year in 2011 for achieving the highest overall grades in the program. She also was recognized for the highest grades in Hazardous Waste Law and International Environmental Law.

Denver Law Student Robert N. Miller II Wins Academic Scholarship From the Association of International Petroleum Negotiators

2011-07-22T01:34:00.001-06:00

Second year Denver Law student Robert N. Miller II has been awarded an academic scholarship by the Association of International Petroleum Negotiators (AIPN).

AIPN is an independent not-for-profit professional membership association that supports international energy negotiators around the world and enhances their effectiveness and professionalism in the international energy community. It is composed of more than 3,300 members in more than 80 countries, representing numerous international oil and gas companies, host governments, law firms and academic institutions.

Mr. Miller is currently working in the oil and gas industry while attending law school. In a letter to the AIPN scholarship committee, Mr. Miller said, "I understand the field of international petroleum negotiation is extremely important to global stability. I am hopeful that my hard work, and determination, paired with the support of the AIPN, will assist me in becoming a successful international petroleum negotiator."

Justin R. Pidot, Former Environmental Appellate Litigator at the U.S. Department of Justice, Joins Denver Law Faculty in August

2011-07-20T01:40:00.001-06:00

Justin R. Pidot, former attorney with the U.S. Department of Justice, Environment & Natural Resources Division, will join the Denver Law faculty as an Assistant Professor in August. He will teach Environmental Law as well as Property Law.

Professor Pidot, who most recently served with the Appellate Section of the Environment & Natural Resources Division, is a graduate of the Stanford Law School where he served as editor-in-chief of the Stanford Environmental Law Journal. His undergraduate degree is from Wesleyan University.

Before joining the Department of Justice, Professor Pidot clerked for Judge Judith W. Rogers, of the U.S. Court of Appeals for the District of Columbia Circuit. He also completed a fellowship at the Georgetown Environmental Law & Policy Institute.

Don C. Smith, Director of the Environmental and Natural Resources Law & Policy Program said, "Justin Pidot was an appellate litigator at the Department of Justice, where he presented argument in more than a dozen federal appellate cases and acted as the staff attorney on two cases heard by the U.S. Supreme Court. He will be a great addition to what is already one of the best environmental and natural resources faculties in the U.S."

Public Utilities Regulation Intensive Course Includes Influential Lineup of Colorado Utilities Sector Leaders

2011-07-18T01:43:00.005-06:00

Denver Law's one-week intensive short course, Public Utilities Regulation, which concluded last week, included some of the utilities sector's leading figures including the president of a major investor owned utility and a member of the Colorado Public Utilities Commission.

The course provided students an exceptional chance to learn about recent innovations in the policy and economics of utility regulation while simultaneously providing the opportunity to listen to the sector's leaders talk about the challenges and opportunities they face.

Taught by Adjunct Professors Dr. Catherine Keske, Professor at Colorado State University, and Matt Futch, Senior Policy Manager and head of the Colorado Governor's Energy Office Utilities Program, Public Utilities Regulation was unique in introducing students to the philosophies and business practices of a wide range of industry leaders. Among the leaders who were part of the course were:

Ken Anderson, President of Tri-State, a wholesale electric power supplier owned by the 44 electric cooperatives that it serves
Matt Baker, Member of the Colorado Public Utilities Commission
David Eves, President of Public Service Company of Colorado, a subsidiary of Xcel Energy
Peter Fox-Penner, author of Smart Power and an internationally recognized leader in energy and the relationship of utility policy and economics
Alice Maddon, Wirth Chair in Sustainable Development, School of Public Affairs, University of Colorado Denver
Allan Schurr, Vice President Strategy and Development, Global Energy and Utilities for IBM
Max Tyler, State Representative and member of the Colorado General Assembly

Dr. Keske, one of the adjunct professors, said, "We were fortunate to bring together wonderful resources for our students. Our guest speakers shared both perspective and details about the present and future dynamics of the energy industry. Pooling the resources of DU Law, Colorado State University, and the Colorado Governor's Energy Office also proved to be a tremendous success. However, above all else, we were fortunate to have a group of engaged and intelligent students. I had a ball teaching this class!"

Don C. Smith, Director of the Environmental and Natural Resources Law Program, said, "There are few industries facing as many challenges as well as opportunities as the public utilities sector. These challenges and opportunities must take account of environmental, economic, and public policy factors. No where is this clearer than in the electricity generation and distribution business. This course provided students a unique, and indeed enormously valuable look at all of these factors.

"Hearing the wide range of guest speakers was particularly valuable to the students. In fact, the speakers, when considered together, probably represented the finest gathering of their type in an individual law school course anywhere in the country. This is exactly the type of learning experience that Denver Law is committed to bringing to our students."

Jan Laitos, John A. Carver Jr. Professor of Law at Denver Law, to be Featured Speaker at Buenos Aires Mining Seminar in August

2011-07-15T01:21:00.004-06:00

Jan Laitos, John A. Carver Jr. Professor of Law at Denver Law, will be the featured speaker next month at a prestigious seminar in Buenos Aires, Argentina.

The event, "Current Trends in the Regulation on Cyanide and Open Pit Mining," is being sponsored by one of the leading Latin American law firms Marval O'Farrell & Mairal.

Professor Laitos will speak about the U.S. and international experience associated with regulations on the use of cyanide as well as regulations on open pit mining. Also speaking at the seminar will be Luis E. Lucero, Francisco A. Macias, and Leonardo G. Rodriguez, all members of the firm.

Mr. Rodriguez is a 2008 LLM graduate of Denver Law's renown Environmental and Natural Resources Law & Policy Graduate Program. He was recognized as the top student in his 2008 graduating class, an honor given to the student with the highest grade point average.

Denver Law Sponsors the 24th National Renewable Energy Laboratory's Industry Growth Forum, Nov. 8-11, 2011

2011-07-13T01:57:00.006-06:00

Denver Law has become affiliated as a sponsor for the National Renewable Energy Laboratory's 24th Industry Growth Forum, to be held at the Grand Hyatt Denver in downtown Denver on November 8-11, 2011.

The National Renewable Energy Laboratory's (NREL) Industry Growth Forum is the United State's premier event for emerging clean energy and energy efficiency technology start ups to gain exposure and feedback from venture capitalists, corporate investors, government agencies, and strategic partners.

Since 2003, presenting start ups have in total raised nearly $4 billion in growth financing.

NREL expects nearly 200 applicants to compete for a small number of slots where clean tech start ups will present their cutting-edge business plans.

Don Smith, Director of the Environmental and Natural Resources Law & Policy Program at Denver Law, said, "Denver Law's sponsorship of this important industry gathering reflects our commitment to a growing participation in the renewable energy sector. Over the past three years, our renewable energy course offerings have grown from one to three. Moreover our faculty is writing and speaking about renewables. Our goal is clear -- to be the premier location among U.S. law schools to study about these important issues. We are well along this path and we are enthusiastically moving ahead."

Public Utilities Regulation, Intensive One-Week Three-Credit Course, Kicks Off Today

2011-07-11T01:17:00.004-06:00

A new one-week three-credit intensive course, Public Utilities Regulation, begins today at Denver Law. The course will present law practitioners with recent innovations in the economics and policy of utility regulation.

The course is being taught by two experts in the field, Dr. Catherine Keske, an Assistant Professor of Resource Eonomics at Colorado State University, and Matthew Futch, Utilities Program Manager at the Colorado Governor's Energy Office.

Students will learn the social science of utility regulation, and will gain insight into how utility regulation is conducted in the state of Colorado and in the United States. On the last day of class students will participate in student-led debates on utility regulation issues.

Don C. Smith, Director of the Environmental and Natural Resources Law & Policy Program at Denver Law, said, "Students in this course will benefit from the expertise of Dr. Keske and Mr. Futch, both highly recognized figures in the area of utilities regulation. Moreover, students will benefit from guest lectures from individuals in the industry and government sectors who are involved with utility regulation. Put simply, the course will bring together a perfect combination of expertise and timely consideration of the key issues being faced by utilities and those who regulate them."

Public Utilities Regulation is another in a series of one-week intensive courses that are being offered by Denver Law. The courses allow students an opportunity to learn from experts who would not otherwise be available in a regular semester course format.

Profile of Adjunct Professor Troy A. Eid, who will teach "Environmental Law, Energy & Natural Resources in Indian County"

2011-07-08T01:21:00.001-06:00

In the fall 2011 semester Denver Law will introduce an important new course, “Environmental Law, Energy & Natural Resources in Indian Country,” which will be taught by nationally recognized American Indian law expert Troy A. Eid.

An earlier blog posting, which can be accessed by clicking here, described the course and included the syllabus.

Today Mr. Eid tells Environment and Natural Resources 21 about the course and why he is teaching it.

ENR21: Why is this an important and timely course?

TAE: This new course explores the vibrant and increasingly important role that tribes play in contemporary U.S. society through the prism of environmental law, energy, and natural resources. I've designed this course to be accessible to any interested graduate student. It doesn't matter if you've previously studied Indian law, or if you've lived or worked on or near an Indian reservation.

The University of Denver College of Law already has a nationally recognized Environmental and Natural Resources Law Program. This new course provides a bridge between that Program and "Indian Country,” the legal term that the U.S. Congress uses to define Indian Reservations and other Native American lands held in trust by the federal government for the benefit of Indian tribes and nations.

Federal statutes use the terms "Indians" and "Native Americans" to include American Indians, Alaska Natives, and Native Hawaiians. These are the descendants of indigenous people who lived in what is now the United States long before Europeans arrived.

Today, the federal government officially recognizes 565 different Indian tribes and nations. Each is "sovereign" -- self-governing political entities whose roots pre-date the U.S. Constitution. Our Constitution expressly recognizes three sources of sovereignty within our system of government: The federal government, states, and Indian tribes.

Yet few non-Native Americans are directly exposed to the modern reality -- and enduring strength -- of self-governing Indian tribes and nations within the U.S. political system. Our popular culture tends to be backward-focused, dominated by stereotypes or misconceptions about Native Americans and tribal governments.

The connections between Indian Country and environmental and natural resources law and public policy are increasingly important but not always well-understood. For instance, roughly three percent of the total land area of the United States consists of Indian Country, yet these same lands contain at least 10 percent -- and perhaps much more -- of our country's estimated energy reserves.

Some of the biggest natural gas development projects in the country, for example, are currently taking place on Indian tribal lands. Energy infrastructure projects and public works frequently enter Indian lands or reach into non-tribal public and private lands where tribal governments continue to have current legal interests under the National Environmental Policy Act, the National Historic Preservation Act, and other laws.

At the same time, innovative technologies, such as shale and coal gasification, hold enormous potential for strengthening tribal governments that have often been deprived of a credible tax base by operation of federal laws and U.S. Supreme Court decisions. Tribes are developing their own renewable energy projects using solar, wind and geothermal resources, encouraged by some federal and state policies and penalized by many others.

Tribal governments have also banded together through organizations such as the Denver-based Council of Energy Resource Tribes (CERT), a non-profit coalition of 58 energy-producing Indian tribes. To foster such development, many tribal governments are adjudicating their water resources in a way that will shape the economies of entire regions of the United States for decades to come.

Indian nations are asserting and reasserting their inherent sovereign powers by creating and implementing environmental policies and programs reflecting their own priorities and perspectives, and by informing federal and state policies through government-to-government consultation.

ENR21: What are your objectives with respect to the course?

TAE: It starts with basic cultural and civic literacy. Anyone who aspires to learn more about being an American -- whether a U.S. citizen or a guest from another country -- should gain insight into Indian Country and the people who make it special. This is especially true for those living, working and studying in Colorado and the West.

Many of the values and experience that make being a "Westerner" so unique, and which we admire and idealize, come in part from the indigenous people who've lived here from time immemorial and to this day. This includes concepts of sustainability, environmental stewardship, self-reliance, and individual respect for and accountability to a larger community and society.

How the U.S. government treats (and mistreats) Native Americans, tribal governments, and Indian lands through our modern legal system and institutions says a great deal about who we all are as Americans, where we've been, and what we hope to become.

There's also sheer pragmatism. As an attorney working in the trenches, my own law practices serves tribal governments as well as companies and institutions doing business with them. Navigating Indian Country can be incredibly confusing to lawyers with little or no prior experience. Yet it happens much more often than might be supposed, and to a great many attorneys and business leaders from all walks of life.

Non-Native Americans in my experience are sometimes stunned to learn that individual Indian tribes and nations have their own laws, court systems, administrative and regulatory agencies, and political agendas on the regional, national and international stage.

This course is to help prepare students for what they'll encounter in the "real world" of American Indian law and practice, while helping provide an introduction to this exciting aspect of being a Citizen of the West.

One thing is certain: Indian law will become more and not less important in the years ahead. The enduring strength of Indian tribes and nations as a cultural and political force, along with the massive natural resources of tribal nations and traditional lands, and the need to protect those resources and ensure environmental quality, make for an exciting future.

ENR21: How and why did you become interested in Indian law?

TAE: I've worked in and around Indian Country for nearly 25 years in different roles. As Colorado's United States Attorney from 2004-2008, I was responsible for felony prosecution on the two Indian nations headquartered within the boundaries of the state of Colorado, the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe.

Working as the Chief Legal Counsel to Colorado Governor Bill Owens, I participated in many negotiations with these tribes, including an agreement regulating air quality in Southwestern Colorado. Earlier in my career, I worked as a Legislative Assistant for a member of the U.S. House of Representatives from Arizona before I went to law school.

I'm not a Native American. My Mother is white and from rural Wisconsin. My Dad was Egyptian and immigrated to the United States in 1957, when he was 17 years old, with just $100 to his name.

Dad attended British schools in Cairo before the military coup in the early 1950s. Much of his own education, which focused on the cultural assimilation of young Egyptians of that era into the Colonial system, bore some similarity to some of the experiences of Native Americans in the United States.

Until the late 1970s, it was the policy of the U.S. government to assimilate Native American children and young people through boarding schools. Ironically, one of my clients today is a former Bureau of Indian Affairs boarding school on the Navajo Nation. That school is now run by the Navajo Nation itself under a federal contract with the BIA. Its school board is elected from the community. Instead of punishing students for speaking Dine' (Navajo) as in the not-too-distant past, the school provides instruction in both languages and works to preserve and respect Navajo traditional law, culture and traditions.

Editor's note: Troy A. Eid chairs the Training Committee of the Navajo Nation Bar Association, responsible for training and testing lawyers seeking admission to practice before the Navajo Supreme Court and trial courts. He was a marshall in the annual Navajo Nation Fair parade in Window Rock, Arizona last fall.

New Course "Environmental Law, Energy & Natural Resources in Indian Country" to be Introduced in Fall 2011 at Denver Law

2011-07-05T01:56:00.001-06:00

In the fall 2011 semester, Denver Law will introduce “Environmental Law, Energy & Natural Resources in Indian County,” a new course offering to be taught by Troy A. Eid, a nationally recognized expert on Indian Law and one of Colorado’s top environmental and natural resources attorneys.

Mr. Eid, program co-chair, American Indian Law Practice Group, Greenberg Traurig in Denver, is a former U.S. Attorney for the District of Colorado. He has worked extensively with numerous Indian tribes and nations for more than 25 years, and has been involved in some of the most high-profile legal matters involving Indian law. He chairs the Training Committee of the Navajo National Bar Association, which is responsible for training and testing lawyers seeking admission to practice before the Navajo Supreme Court and trial courts.

“This seminar explores energy and natural resources development on Native American tribal lands in the U.S., and how tribes, states, and the federal government regulate and enforce environmental quality within Indian Country,” Mr. Eid says. “The seminar is open to all interested students and does not required any previous study or experience in American Indian law.”

The course will provide an introduction to tribal sovereignty and self-determination, along with some of the basics of Indian Country jurisdiction and tribal sovereign immunity.

“Students will examine the federal government’s trust responsibility to Indian tribes and nations,” according o Mr. Eid. “The seminar will also examine the legal framework used to regulate and enforce environmental quality, traditional and renewable energy development, and the use and stewardship of other natural resources on Indian lands.”

The tentative syllabus for the course will follow this schedule:

Week 1: Native American Tribal Sovereignty and Self-Determination
Week 2: Basics of Indian Country Civil and Criminal Jurisdiction
Week 3: The Federal Trust Responsibility to Indian Nations
Week 4: Creating Tribal Environmental and Regulatory and Enforcement Programs
Week 5: The Winters Doctrine and Indian Water Rights
Week 6: Mineral Leasing and Taxation on Indian Lands
Week 7: Tribal Energy Development and the Indian Energy Act of 2005
Week 8: Indian Tribes and the National Environmental Policy Act
Week 9: The National Historic Preservation Act and Tribal Consultation on Energy Projects
Week 10: The Uranium Legacy in Indian Country
Week 11: Sovereign Immunity and Contracting with Indian Tribes and Tribal Enterprises
Weeks 12-14: Students’ Paper Presentations

The course, L4703EE, will meet on Mondays from 2.45 p.m. to 5.30 p.m.

Don C. Smith, Director of the Environmental and Natural Resources Law & Policy Program, said, “This new course explores the vibrant and increasingly important roles that tribes play in contemporary U.S. society through the prism of environmental law, energy and natural resources. Mr. Eid has designed a course that, in his words, ‘Provides a bridge between Denver Law’s nationally recognized program in Environmental and Natural Resources Law’ and Indian County, the legal term that Congress uses to define Indian Reservations and other Native American lands held in trust by the federal government for the benefit of Indian tribes and nations.’

“Mr. Eid’s expertise and experience will add immeasurably to Denver Law’s commitment to expanding our environmental and natural resources program to cover the major environmental, energy, and natural resources issues of our times,” Mr. Smith said. “At the same time, students will learn about an area of law and culture that will widen their perspectives and insight about Indian Country.”

Editor’s notes: In the first picture above, the Honorable Billy Bell (left), Chairman, Fort McDermitt Paiute-Shoshone Tribe, and Adjunct Professor Eid (legal counsel to Ruby Pipeline LLC) on site north of Elko, Nevada, last January. The Ruby Pipeline Project is a new 677-mile interstate pipeline currently being constructed between Wyoming and Oregon to deliver natural gas from Colorado, Utah and Wyoming to 60 million consumers on the West Coast. In the second picture shows the $3.5 billion project Ruby Pipeline, which employs 5,000 construction workers. Here the pipe is being strung and welded prior to being lowered in the trench. Friday's blog posting will include an in-depth interview with Troy A. Eid.

Denver Law Awards First "Environmental and Natural Resources Law Certficates" to JD Graduates

2011-07-01T02:13:00.002-06:00

The Denver Law Environmental and Natural Resources Law & Policy Program, widely recognized as one of the best of its kind in the United States, has awarded its first two "certificates" to May 2011 graduates.

The first graduates to achieve certificate status are Todd Likman and Antonio Morales.

The Environmental and Natural Resources Law certificate is awarded to Denver Law students who meet certain faculty-approved guidelines for course study and research and writing.

Please click here to learn more about the requirements for earning a certificate.

Friends of ENCA Farm Hosts First Denver Event

2011-06-28T12:40:00.009-06:00

On a recent afternoon, organic farming supporters gathered at Vine Street Pub for a very special happy hour event. Friends of ENCA Farm, is a Washington State non-profit founded by MRLS Graduate (2010) Sherry Manning. After completing her degree last year, Sherry returned to the Philippines where she served as a U.S. Peace Corps Volunteer from 2006-2008 to help her host family the Cosalan’s, establish a non-profit organization for their ancestral land and community environmental education space, ENCA Eco-Tourism and Organic Farm http://www.encaorganicfarm.com/.

Friends of ENCA Farm serves as the primary fundraising organization to support the programs of ENCA Farm in the Philippines and works to build partnerships with the local food and sustainable agriculture movement throughout the western United States. Thanks to event sponsorship by the ENRLP DU Law program and local organizations such as Waste Farmers (http://www.wastefarmers.com/) and Grow Local Colorado (http://www.growlocalcolorado.org/), the first Friends of ENCA Farm Denver Event was a huge success!

Event attendees where the first to see the newly launched Friends of ENCA Farm video that details the story of the Cosalan’s land rights battle against the Philippine Government to maintain their ancestral land title. Attendees also learned about the various programs offered at ENCA Farm; including hosting international volunteers through World Wide Opportunities on Organic Farms (WWOOF), ENCA Farm’s coffee growers cooperative, youth environmental education camp programs and a variety of organic farming seminars offered at ENCA Farm.

You can watch the video on you tube via this link:

Waste Farmers Founder and Executive Director John-Paul Maxfield also gave a compelling talk about the importance of supporting sustainable agriculture on the global scale. He discussed that we in the U.S. are often the largest contributors to the world environmental problems, but feel the least of these drastic negative effects. Event attendees left inspired to get involved in the local organic farming movement in Denver and the Philippines. All money raised at the event will help purchase organic seeds for farmers in the Philippines and continue to improve the physical infrastructure at ENCA Farm.

Friends of ENCA Farm would like to thank all that came to the event and a special thanks to the DU Law faculty, staff and students for their support and advocacy for ENCA Farm. Please feel free to contact Sherry directly, (sherry@encaorganicfarm.com) with further questions and to learn more about how you can get involved in the global local food movement by supporting ENCA Farm.

Photo caption (from left): Denver Law graduates Stephanie Metz, Kristy Disney, Sherry Manning, Andy Astuno, Joanna Williams.

Jennifer Gardner, Denver Law LLM in Environmental and Natural Resources Graduate, is now working for the Western Interstate Energy Board

2011-06-21T13:10:00.001-06:00

Jennifer Gardner is currently working for the Western Interstate Energy Board ("WIEB"), which is the energy arm of the Western Governors' Association (WGA). In her new role, Jennifer commented that she "conducts policy analysis in the field of electricity transmission, with a focus on the structure of the electricity market in the Western Inteconnection. "Jennifer added that she "serves in a policy advocacy role, pushing for the Western Interconnection to restructure its 38 balancing authorities (which each individually balance demand and resources of electricity in relatively small geographic areas in the West) into one large balancing authority or a few larger balancing authorities. The push for this restructuring has recently been focused on an Energy Imbalance Market ("EIM"). The ultimate goal of restructuring is to make the incorporation of renewable energy to the electric grid easier, less costly, and more efficient." In this role, Jennifer has worked with the National Renewable Energy Laboratory, the Department of Energy, the American Wind Energy Association and Xcel Energy.

Denver Law Professor Mike Harris Asks, "Why don't we teach environmental justice in the rural West?"

2011-06-17T01:12:00.001-06:00

Professor Mike Harris, Director of the Denver Law Environmental Law Clinic, recently posed an interesting question: Why isn't environmental justice taught in the rural west?

The question Professor Harris poses in his High Country News column is well worth considering. The full text can be accessed by clicking here.

Professor Jan Laitos Teaches "Natural Resources and Environmental Policy" at Central European University

2011-06-10T02:10:00.000-06:00

Professor Jan Laitos, John A. Carver, Jr. Professor of Law at the University of Denver Sturm College of Law, recently returned from Budapest, Hungary, where he taught natural resources and environmental policy at Central European University.

His class consisted of graduate students from the Ukraine, Czech Republic, Macedonia, Hungary, the Georgia Republic, Uzbekistan, Mexico and Lithuania.

He noted of this experience:

“It is interesting to see how, some 20 years after the fall of the Soviet Union, countries that were once under Soviet domination are well on their way to experiencing a world grounded in market-based capitalism and individual choices. Instead of relying on the State to take care of everyone, these countries, especially as represented by the students I taught, are learning about self-initiation and the reality of dealing with the consequences of free will.”

His class focused on the world’s differing responses to natural resources use and over-use.

Professor Laitos will be visiting the University of Amsterdam in June, to deliver a lecture on “The Legal-Economic History of Natural Resources Use and Non-Use” at the 3rd Annual Society of Environmental Law and Economics.

Tom Abell, Denver Law Masters of Resources Law Studies Graduate, Begins Work for Bill Barrett Corporation

2011-06-08T04:19:00.001-06:00

Tom Abell, a 2010 Masters in Resource Law Studies graduate from the Denver Law Environmental and Natural Resources Law & Policy Graduate Program, has been hired as a landman for Bill Barrett Corporation (BBC), a mid-sized exploration and production company.

In his new role, Tom will be responsible for the development of an acquisition property in Utah. "I will oversee everything from landowner relations and permitting to the successful execution of our drilling program," according to Tom.

Historically BBC has focused on natural gas production, but more recently they are acquiring lands that have the potential for oil production.

Colorado Supreme Court Hands Down Decision in Burlington Ditch Water Case, Which was Heard at Denver Law in January 2011

2011-06-06T01:14:00.001-06:00

The Colorado Supreme Court has published its decision in the Burlington Ditch (also referred as the FRICO case) case, which it heard oral arguments about at Denver Law on January 20, 2011. The hearing drew nearly 500 students, faculty, and a who's who of the state's leading water lawyers.

The water involved in the case is located near Barr Lake, a large reservoir a short distance north of Denver International Airport.

In an opinion written by Justice Gregory Hobbs, the Supreme Court upheld a state water court's decree and said in part, "In order to prevent an unlawful enlargement of the Burlington and FRICO water rights, the Companies' 1885 Burlington direct flow water right is limited to the 200 cubic feet per second historically diverted and used for irrigation around Barr Lake."

The case was of particular interest since a number of Denver Law alums and adjunct professors were involved on various sides of the matter.

Don C. Smith, Director of the Environmental and Natural Resources Law Program, said, "This opinion marks the final stage in a major matter of water law that we were privileged to have a 'front row seat to' thanks to the Supreme Court's willingness to hear the case at Denver Law. Following the progress of this appeal has been a much talked about subject since the oral argument in January. The Supreme Court's visit was definitely a highlight of the just concluded spring semester, and we hope to host the Court again in the future."

Denver Law Students Win Prestigious Rocky Mountain Mineral Law Foundation Scholarship Awards

2011-06-03T01:35:00.002-06:00

Three Denver Law students have won prestigious Rocky Mountain Mineral Law Foundation (RMMLF) Scholarship Awards.

Raven Adams, who expects to earn her JD degree in 2012, Gregory Angstadt, who expects to earn his JD degree in 2012, and Alphonsus Ihuoma, who expects to earn his LLM in Environmental and Natural Resources Law & Policy in December 2011, were awarded scholarships by the RMMLF.

In making the announcement, Cecilia Dalupan, the Foundation's Associate Director, said, "Law students enrolled full-time at one of the Foundation’s governing law schools who can demonstrate a commitment to the study of natural resources law are eligible to apply. Academic and leadership ability, as well as financial need, are also considered. Applications are evaluated by the Foundation’s Scholarships Committee consisting of dedicated volunteer attorneys."

Don C. Smith, Director of the Environmental and Natural Resources Law & Policy Program at Denver Law, said, "There is no more prestigious scholarship that a student of natural resources law can earn than that awarded by the Rocky Mountain Mineral Law Foundation. This is a scholarship that brings its award winners to the attention of the Foundation's many members from across the world who are held in the highest esteem by their colleagues.

"Denver Law is very appreciative of the support that the Foundation has provided Raven, Gregory, and Alphonsus, and the many DU award winners from previous years," Mr. Smith said.

Marcus Oscarsson, Recognized Authority on EU and U.S. Politics and Swedish Government Official, to Participate in "EU Environmental Law" Course

2011-06-02T00:03:00.002-06:00

Marcus Oscarsson, a recognized Swedish observer of EU and U.S. politics, will moderate a discussion board about European Union environmental politics and related issues in this summer's Denver Law course offering "European Union Environmental Law & Policy."

He is a long-time contributor to Denver Law's European Union-related courses, having first been a guest lecturer in 2004 and every year since.

Mr. Oscarsson, who works for the Swedish Government, has a background in economics and journalism. He covers Denmark, Finland, Iceland, Norway, and Sweden for The Times and Sunday Times of London.

Mr. Oscarsson is also a respected authority about U.S. politics. In this regard he has spoken about U.S. presidential campaigns, U.S. elections, and Transatlantic relations at the Swedish Parliament, the Swedish Ministries for Foreign Affairs and Defense, the U.S. Embassy in Stockholm and the Confederation of Swedish Enterprise.

Don C. Smith, the director of the Environmental and Natural Resources Law Program at Denver Law, teaches "European Union Law & Policy" and "EU Environmental Law & Policy." He has asked Mr. Oscarsson to be a part of all of his EU courses.

"Marcus has a unique perspective about the Transatlantic Relationship. On one hand, he is European and a citizen of the EU. But on the other hand, he is one of most perceptive individuals I have ever met -- in the EU or U.S. -- when it comes to evaluating the big issues that involve American politics. Consequently, he is perfectly positioned to talk about the Transatlantic relationship in a manner that combines an understanding of both political systems.

"Students who have been taught by Marcus rave about his insight as well as his ability to explain complicated issues in a more understandable fashion. I think this is due in large part to his experience closely following U.S. governmental issues for more than a decade," Mr. Smith said.

Denver Law is one of the handful of US law schools that offers a course in EU environmental law. This is a particularly important course since the EU is widely recognized as being the world leader in terms of climate change policy, chemicals regulation, and recycling and disposal of electronic wastes.

"EU Law & Policy" is taught completely on-line so that students can participate in the course from across the U.S. and the world.

Denver Law JD and LLM Graduate David Makongo Talks about Investment Policies in Mauritania

2011-06-01T05:40:00.001-06:00

Investing now in the Mauritanian mining sector makes sense according to Denver Law alumnus David Makongo.

Late last year, Mr. Makongo, who is originally from Cameroon, told journalists covering a mining conference in the African nation of Mauritania that the policies of President Abdel Aziz were "very investment-friendly."

The full-text of a story about Mr. Makongo's views about mining in Mauritania and his home country can be found in The Recorder Newsline, an English language Cameroonian newspaper, by clicking here.

David Makongo is the Director for African Affairs with Electrum USA LTD - A Global Gold Group. He travels extensively in Africa in search of mining and oil and gas business arrangements.

Don C. Smith, Director of the Environmental and Natural Resources Law and Policy Program, said, "David Makongo is in the process of establishing himself as an expert in identifying and negotiating important natural resources agreements across the whole of the African continent. David is an individual who has succesfully combined legal knowledge with a keen eye for business opportunities."

Robin L. Newmark, Strategic Energy Analysis Center Director at the National Renewable Energy Laboratory, Speaks at DU Law about Water-Electricty Nexus

2011-05-30T02:12:00.000-06:00

There are major water-related implications involved with making energy generation choices Robin L. Newmark, Director of the Strategic Energy Analysis Center at the National Renewable Energy Laboratory (NREL) recently told Denver Law students.

She also noted that producing clean water and handling discharged water also takes electricity, thus making the link between water and electricity even more profound.

"Many new electricity technologies are water intensive, meaning that demands on water are increased even more," Dr. Newmark said. Among the new types of technologies she referred to are carbon capture and sequestration, which when combined with a coal or gas fired power plant may mean up to a 100 percent increase in the use of water over the status quo. She also noted that to reuse brackish water or desalinize sea water takes a considerable amount of energy.

Water is also used in large quantities in the extraction of shale gas, she noted, which is a technology that is only now being developed in the oil and gas sector. Moreover, nuclear power generation is very water intensive. The process of developing ethanol also involves very high amounts of water. As a result, "life cycle assessments" that consider the water and electricity impacts of various forms of energy will become more widespread, she said.

Also joining the Denver Law students were members of the University of Denver Renewable Energy Science Community and Enterprise (RESCUE), which is chaired by DU Law Professor K.K. DuVivier.

Don C. Smith, Director of the Environmental and Natural Resources Law and Policy Program, said that Dr. Newmark's remarks were timely and important. "As Dr. Newmark so clearly pointed out, water and electricity issues are intertwined and will be considered together as we move forward. Having a leader of the caliber of Dr. Newmark speak to us was a great experience, and indicates again the caliber of leaders who come to Denver Law and share their observations and experiences."

To see Dr. Newmark's Powerpoint presentation, please click here.

Denver Law LLM Graduate Jeff Cullers Begins Work at Colorado Springs Law Firm

2011-05-27T01:59:00.002-06:00

Jeff Cullers, a 2010 LLM graduate of the Denver Law Environmental and Natural Resources Law and Policy Graduate Program, has started work at the Colorado Springs law firm MacDougall Woldridge & Worley.

The firm practices primarily in the areas of water rights, mineral law, and litigation. Mr. Cullers' practice will focus on water rights in the Arkansas River and South Platte River basins.

Licensed to practice law in Texas and Colorado, Mr. Cullers has been a consultant at the Sustainable Development Strategies Group. He also was part of an International Bar Association Mining Committee project that involved developing a model mining development agreement (MMDA version 1.0) that was released in April.

Michael Harris, Director of the Denver Law Envionmental Law Clinic, Comments on "Shingle Mountain, Colorado"

2011-05-25T03:47:00.001-06:00

Michael Harris, Assistant Professor at Denver Law and Director of the Environmental Law Clinic, writes in a recent issue of the High Country News about "Shingle Mountain, Colorado," a 30 foot pile of old roofing shingles that is causing concern in north Denver.

In "Welcome to Shingle Mountain, Colorado," Professor Harris notes that "if properly managed, shingle recycling presents very few, if any, environmental concerns.

"But when such recycling is not properly managed, you get a situation like Shingle Mountain."

Old asphalt shingles, Professor Harris points out, are a potential fire hazard and may contain both polycyclic aromatic hydrocarbons (PAHs) and asbestos.

To read his full posting and watch a video about what action the Environmental Law Clinic is taking to remedy the mountain, please click here.

Editor's note: DU Law students Stephanie Fairbanks (left) and Eric R. Wilson (center) meet with former city council candidate Juanita Gable (right) near Shingle Mountain (in the background).

Environmental and Natural Resources Law Program Recognizes the Spring 2011 Denver Law Graduates

2011-05-23T12:52:00.003-06:00

The Denver Law spring 2011 graduation took place this past weekend. It was a memorable occasion for all involved, with the many graduates feeling a combination of relief and accomplishment and their friends and parents feeling enormous pride in the graduates' achievements.

As director of the Environmental and Natural Resources Law and Policy Program there is a great deal of pleasure in seeing the students, many of whom I have become quite well acquainted with, graduating and moving on to the next chapters in their lives. But on the other hand, there is a sense of sadness at seeing these students leave the confines of the college of law.

I'm not suggesting that their parents and families are sad to see them move on, of course, but for those of us who have gotten to know them and watch their development, it is a rite of passage. There is a large measure of respect in their accomplishments as well as anticipation on what the futures holds for them.

The class of 2011 was remarkable in many ways. They were diverse in make up, coming from more than 10 countries around the world. They were accomplished in having worked on Denver Law's many fine law journals. They served in externships ranging from the U.S. Environmental Protection Agency, to key global NGOs, to private practice and businesses and everything in between.

They studied a wide array of courses including environmental, mining, oil and gas, renewable energy, sustainable development, human rights, negotiations, administrative law. They studied about domestic (U.S.) issues along with foreign law and international law. They had front row seats as the world economy tried to deal with the increasing needs of energy and resources along with the understanding that energy and resource needs must take account of a broader group of issues including environmental protection and world health.

In brief, they represented as a group -- JD, LLM and MRLS graduates -- the most well-trained and prepared students we have ever produced. Our goal as a program is to improve and enhance our offerings, and as such prepare them for the opportunities they will face when they enter the workforce.

For many of the graduates, one chapter in their lives has been written. But many future chapters are yet to be determined. Our pride in their performance at Denver Law is only exceeded by our hopes that they contribute to the major challenges and opportunities the world faces in the years ahead. We will watch them with great anticipation.

My colleague Associate Administrative Director Lucy Daberkow, who has played such a major part in building a program with students from around the world, commented on this momentous day: "Knowing that our wonderful graduates have completed their rewarding journey through our graduate program gave me an immense sense of pride. I was also extremely happy to see their families and friends join them on their special day. Many of them traveled from places as far away as Brazil, Chile, India, Nigeria, and Peru; I was once again reminded of the incredible diversity of our graduate program, a diversity that reflects the changing face of the world and makes Denver Law's graduate preeminent in the study of environmental and natural resources issues."

Don C. Smith
Director
Environmental and Natural Resources Law & Policy Program

Editor's Note: First picture is Andy Astuno, a native Denverite, and his father Denver attorney John Astuno Jr.; the second picture is Rocio Urbina, Luis La Rosa (both from Peru) and his mother, and Don Smith; the third picture shows Don Smith and Nino Coppero (from Peru); the fourth picture is of Nino and his family. The fifth picture shows Nino and Lucy Daberkow along with Amelie and Emma Daberkow. The sixth picture shows, from left, Alphonsus Ihuoma (from Nigeria), Alex Aidaghese (originally from Nigeria), Don Smith, Lucy Daberkow, Nino, and Carla Araya (from Chile). The seventh picture is of Nino, Don, and Carla. In the eighth picture are Lucy Daberkow, Juliet Briggs (from Nigeria), and her parents. The ninth picture shows Emma Tauchman (a Wisconsin native) and Amelie and Emma Daberkow. The tenth picture is of Payal Sathe (from India) and her family. The eleventh picture shows Lucy Daberkow and Rocio Urbina. The final picture shows Leandra Zanqueta and Taciana Fonseca Marques, both from Brazil.

Three Environmental and Natural Resources Law & Policy Graduate Program Graduates Recognized for Academic Achievement in Awards Ceremony

2011-05-20T19:40:00.000-06:00

Three graduates from the Denver Law Environmental and Natural Resources Law & Policy Graduate Program were recognized at today's Annual Student Awards Ceremony, held before several hundred people in the Forum at the College of Law.

The graduate program awards recognize students with the highest grade point averages in the LLM (Masters in Law) and Masters in Resources Law Studies programs.

This year two LLM students were recognized for their performance: Alyson Gould and Andrew Seidel. The Masters in Resources Law Studies award winner is Stacy Coyle.

Don C. Smith, Director of the Environmental and Natural Resources Law Program, said, "Alyson, Andrew, and Stacy join a long line of distinguished graduates before them who have received this prestigious award. We are thrilled for them as individuals, as well as their families and friends who supported them in this wonderful accomplishment."

Editor's note: In the photo above, left to right, Alyson Gould, Stacy Coyle, Don Smith, and Andrew Seidel.

Spring 2011 Graduation Reception Takes Place in Tuscan-Themed Wine Cellar; Tradition of Recognizing Future Env. and Resources Leaders Continues

2011-05-19T05:32:00.002-06:00

One of highlights each spring is the reception for Denver Law Environmental and Natural Resources Law & Policy Graduate Program students.

The reception brings together students who will soon graduate from the program along with professors they have studied under, graduates who have completed the program in prior years and are on hand to "welcome" the new graduates, the graduates' family members, and friends of the program.

The reception, which this year was held at the Fritz Knoebel School of Hospitality Management on the DU campus, is one of the final opportunities for the program to recognize the hard work of the graduates and those who supported them during their study at Denver Law.

The evening was a great one, with those gathered enjoying the warm Tuscan architecture of the "wine cellar" room where the event took place.

The event has turned into a part celebration/part networking event because of the close knit nature of the program's students and supporters.

Don C. Smith, Director of the Environmental and Natural Resources Law Program, said, "It is enormously satisfying for all of us at DU Law, and the Graduate Program in particular, to bring together the many different members of the program's community -- students, graduates, family members, members of the faculty, and friends -- to officially toast the success of our soon to be graduates. The warmth and friendship of this community cannot be understated, and our desire is to enhance our students' experience. This is one event that allows us to do just that."

Lucy Daberkow, Assistant Administrative Director of the Graduate Program, noted that the event brought together individuals from Brazil, Chile, China, India, Mexico, Nigeria, Peru, Spain, and all across the U.S. "The Graduate Program has a rich tradition of attracting the best and most capable students from across the world, and the annual spring reception allows all of us to join together one final time before graduation. Ultimately our graduates will work and serve their clients and communities on every continent in the world, thus resulting in the growing stature and reputation of the Graduate Program."

Editor's note: The top picture includes (from left) graduating students Lauren Suerth, Mike Dietrich, and Selene Neuberg . The following picture includes (from left) graduating student Alex Aidaghese, Adjunct Professor and alumnus Tonye Oki, and alumnus Pedro Camacho. The following picture includes Associate Adm. Director Lucy Daberkow and former LLM student Payal Sathe. The next picture includes (from left) graduating student Carla Araya, Joan Policastri, Adjunct Professor Jim King, alumnus Eva Kuoni, and current student Ambika Chawala. The last picture at the bottom shows Director Don Smith and winner of the Outstanding Graduate Student Award Stacy Coyle.

Allison Altaras and Matt Brodahl Named Rocky Mountain Land Use Institute 2011 Student Award Winners

2011-05-18T01:04:00.003-06:00

Two Denver Law students, Allison Altaras and Matt Brodahl, received the Rocky Mountain Land Use Institute/Sturm College of Law Award at the 2011 Rocky Mountain Land Use Institute Conference held recently at the University of Denver.

The annual award recognizes students who academic achievement and community service while in law school demonstrate outstanding potential for impact in the sustainable development field. Ms. Altaras and Mr. Brodahl received a cash award from the Denver law firm of Isaacson Rosenbaum.

William Shutkin, Executive Director of the Rocky Mountain Land Use Institute, said, "Matt and Allison have excelled in both the classroom and their work with the Institute. Their passion for the field and commitment to pursuing careers related to sustainable development make them the perfect choice for the award. They are tomorrow's land leaders, and will help us find ways to live more responsibly and equitably on the planet."

First International Sustainable Companies Conference Will Feature Three Lawyers With Denver Law Connections

2011-05-17T01:21:00.005-06:00

The First International Sustainable Companies Conference will be held August 29 and 30, 2011, in Oslo, Norway, at the Faculty of Law in Oslo.

The conference is part of the Sustainable Companies project, in which scholars from different branches of academia, practitioners and decision-makers from business and government participate in a high-level discussion of these questions, in a multi-jurisdictional and cross-disciplinary context.

Denver Law Professor Celia Taylor, Adjunct Professor Anita Halvorssen, and Denver Law LLM in Environmental and Natural Resources Law & Policy graduate and Argentine lawyer Diego Parravicini are participants in this major new study.

The schedule for the conference can be accessed by clicking here.

Denver Law Adjunct Professors, Graduates, and Students Actively Involved in Far-Reaching "Model Mining Development Agreement"

2011-05-16T04:55:00.004-06:00

Several Denver Law adjunct professors as well as graduates and current students of the Environmental and Natural Resources Law & Policy Graduate Program played important roles in the recently published Model Mining Development Agreement Version 1.0 (MMDA) Project.

The MMDA Project, which was undertaken by the Mining Law Committee of the International Bar Association (IBA), was launched in 2009. The aim has been to draft an agreement that can be used by mining companies and host governments for mining projects. The project is led by the IBA Mining Law Committee, with civil society and university-based groups working with the Committee to ensure a well-balanced final product.

The Committee collected and analyzed more than 60 existing mine development agreements that were "deconstructed" in the review process and then assembled in the model agreement. The result was the MMDA, which contains representative language for each provision with links to example clauses taken from the existing agreements.

The project is aimed primarily as a tool for use with and in developing countries, in particular where a mature mining code is not in place or effective. The MMDA may also be of use where the mining code must be supplemented by private agreement, or as a template for agreements with state owned mining enterprises.

According to the Mining Law Committee:

"The MMDA project seeks to provide a tool with a specific starting point. It asks what a mining contract might look like if the process started from the precept of a project aiming to contribute to sustainable development not just of the project itself, but of the local, regional and national community as well.

"While the project clearly recognizes that a mining development must be commercially viable to proceed, it also recognizes this is no longer the only issue around which contract negotiations should proceed. Rather, all parties to a negotiation should take a broader, and integrated, look at the relationship between the proposed project, the state and the local communities.

"The natural, social and economic environments around mining projects are also essential considerations today. The final product is web-based and publicly accessible. It is not “prescriptive” in the sense of setting out one standard form. Rather, it seeks to provide an agenda for negotiations based on a sustainable development objective that is common to all parties."

Peter Leon, chair of the IBA Mining Law Committee and partner and co-head of the Mining, Energy, and Natural Resources Practice Group at Webber Wentzel in Johannesburg, South Africa, said:

"The Model Mining Development Agreement (MMDA) is an attempt by the Mining Law Committee to take an important step forward in an area that has long seen its share of conflicts and problems – the contractual relationship between host states and mining investors.

"All of us share the vision that in the future mineral investment can increasingly catalyze and support sustainable development of the countries and regions where it occurs, and that we can find ways to avoid or minimize any negative environmental, social or economic impacts of mineral development. In other words, far from how it is so often perceived, mining can be a force for good.

"We envision[ed] producing...a non-prescriptive,web-based, widely available resource that can lead to informed, transparent, and equitable negotiations and contractual outcomes. Our vision is that host countries and investors share an interest in the stability of the investment relationship, and that this stability is best achieved when host countries and regions secure sustainable and meaningful social and economic development.

"We accept that a model agreement, albeit one of a non-prescriptive kind, cannot alone solve all of the problems. At most, it can be one element of a better future.

"We invite you to participate, comment, and help us achieve the goal of a model contract negotiation tool."

Its public nature will also allow local communities and civil society groups to contribute in a sound manner to negotiation processes. By setting out a comprehensive and common template, it is hoped the project will enable and assist better structured negotiations, and better lasting results in mining projects.

Denver Law adjunct professors who played a central role in the preparing of the MMDA included Project Coordinator Bob Bassett, a partner at Holland & Hart in Denver who teaches "International and Comparative Mining Law," Dr. Elizabeth Bastida, who teaches mining law at the University of Dundee and also teaches in the Denver Law "Sustainable Natural Resources Development Series," and Cecilia Dalupan and Luke Danielson, both principals in the Gunnison, Colorado-based Sustainable Development Strategies Group who also teach in the "Sustainable Natural Resources Development Series."

Denver Law alumni who participated included Cassies Boggs, General Counsel for Resource Capital Funds, Jim Cress, a partner at Holme, Roberts & Owen in Denver and a frequent speaker at DU, Steve Gottesfeld, General Counsel at Newmont Mining, and Bruce Kirchoff, General Counsel at Royal Gold.

Denver Law students who helped on the project included Nino Coppero, Jeff Cullers, Kristi Disney, Kasmali Mochamad, and Kelli Schulte.

The full-text of the 200+ page agreement can be accessed by clicking here. Comments about the draft agreement can be entered at the website.

DU Law Leads the Way in Renewable Energy Law and Policy: Courses Span Project Finance to Project Development

2011-05-13T04:49:00.005-06:00

If you want to study Renewable Energy Law, then come to the University of Denver Sturm College of Law. We currently have four renewable energy law offerings, the most of any law school in the United States.

Moreover, Denver is located in the center of the "new energy economy," with many federal offices working on renewables and energy efficiency right on the DU Law doorstep. And there are clean tech companies and renewables business groups that are setting up shop on the front range of the Rocky Mountains.

Added together, Denver is the place to be and DU Law is the place to study about renewable energy.

The four courses mentioned above are:

Renewable Energy Project Development by Adjunct Professor Mark Safty, a partner at Holland & Hart
Renewable Energy for the 21st Century: Technology, Policy, Markets, by Adjunct Professor Bob Noun
Renewable Energy Project Finance by Adjunct Professor John Herrick of Brownstein Hyatt Farber Schreck LLP
Renewable Energy Law by Professor K.K. DuVivier, author of the forthcoming Renewable Energy Reader

Not only does DU Law offer more renewable energy law courses than any other school in the country, it also has close ties to the National Renewable Energy Laboratory (NREL), which is located in Golden, Colorado, about 30 minutes from the Sturm College of Law. In March, both Professor DuVivier’s and Adjunct Professor Noun’s classes toured the laboratory. The tours included the biofuels refinery, the solar research facility, and the new NREL office facility, which is touted as the most energy efficient commercial building in the United States.

Professor DuVivier notes, “To do a good job for their clients, lawyers developing renewable energy policies or representing renewable energy companies need to have a good understanding of the technologies those resources entail. Here at DU Law, we have the unique advantage of being able to give our students the opportunity to view those technologies and the cutting edge research taking place just down the road at NREL’s research facility.”

Gas Shale Development in the U.S. and Europe: A "Game Changer" or Too Many Risks?

2011-05-12T01:00:00.003-06:00

The potential of extracting gas from shale continues to attract considerable attention all around the world. Also referred to as "unconventional gas resources," shale gas remains a mystery to many. However, that's likely to change in the near term as projections of huge amounts of shale gas in the U.S., Europe, and elsewhere are published.

Most recently shale gas is being called an energy "game changer" by some including Nick Butler, chair of the King's College London Policy Institute, who wrote recently that shale gas will likely "transform" energy markets.

Writing in the Financial Times ("How Shale Gas Will Transform the Markets," May 9, 2011), Mr. Butler said, "High energy prices and political uncertainty in the Middle East could now spur many of the world's energy importers [particularly in the U.S. and the European Union] to exploit these new, indigenous gas supplies."

Coinciding with Mr. Butler's FT piece is a new report, Strategic Perspectives of Unconventional Gas: A Game Changer With Implications for the European Union's Energy Security, by the European Centre for Energy and Resource Security, which is also located at Kings College London. According to the report, "The catastrophic events in Japan...as well as the political turmoil in North Africa and the Middle East [are forcing] politicians to rethink how they are achieving their national energy mix."

On the other hand, the report signals caution about the challenges involved with extracting shale gas in Europe: "Various obstacles for European unconventional and shale gas development in particular are in place, preventing the seizure of the full potential of this commodity. Important questions about the future market structure, the regulatory environment, political risk, investor confidence, public acceptance and competition with other fuels -- especially renewables -- need to be answered in the months and years ahead."

Meanwhile, oil derived from shale is also generating considerable interest. A recent article in The New Yorker Magazine ("Annals of Innovation: Kuwait on the Prairie," April 25, 2011) reported that, "Taken together, the new [oil shale] reservoirs [in Colorado, North Dakota, Texas, and elsewhere] are expected to raise domestic production by as much as two million barrels per day." A Colorado Public Radio interview with Jerry Boak, the director of the Center for Oil Shale Technology and Research at the Colorado School of Mines, provides an excellent overview of oil shale. The interview can be accessed by clicking here.

Nevertheless, the extraction of shale gas and oil shale is not without its critics. As the New Yorker article mentioned above said, "Hydraulic fracturing [which is used to extract gas and oil from shale] has become enormously controversial."

Students who attend Denver Law's Environmental and Natural Resources Program will learn about extracting gas and oil from shale. It remains to be seen whether these forms of oil and gas are really "game changers," but to be sure worldwide interest in this method of extraction is growing rapidly and professionals in the oil and gas sector need to be ready to address the opportunities and challenges.

Denver Law Tribute to Professor Emeritus and Former Assistant Secretary of the U.S. Department of Interior John A. Carver Jr.

2011-05-11T01:02:00.002-06:00

One of Denver Law's most esteemed former professors John A. Carver Jr. was recognized last week at a luncheon hosted by Dean Martin J. Katz and attended by many well wishers.

Professor Carver, who taught environmental and natural resources-related courses at Denver Law from 1972 through 2004, has been a pillar in the American environmental and natural resources communities for six decades. During that time he has served in many capacities including Administrative Assistant to former U.S. Senator Frank Church, as Assistant Secretary and Undersecretary of the U.S. Department of Interior, and as a member of the Federal Power Commission.

Dean Katz praised Professor Carver's commitment to public service as well as his many contributions while a member of the law faculty.

Among those attending the festive event were members of Professor Carver's family, including his wife Ruth Carver and children Craig Carver and Candace Kramer, several grandchildren, former Colorado Gov. Richard Lamm, former Justice of the Colorado Supreme Court Gregory Scott, Associate Dean of Academic Affairs Fred Cheever, Assistant Dean for Student Affairs Dan Vigil, Executive Director of the Rocky Mountain Mineral Law Foundation David Phillips, many former teaching colleagues, current members of the faculty and staff, and members of the Denver legal community.

Don C. Smith, Director of the Environmental and Natural Resources Law Program, which Professor Carver headed at one time, said, "John A. Carver Jr. is one of the most respected and loved individuals ever to be associated with Denver Law. There are very few people in the American West who better understand the relationship of development, environmental protection, and natural resources than Professor Carver. Over the years he has shared his experiences and his insights with several generations of DU students as well as the community more generally.

"I can tell you from firsthand experience that he is a man of integrity, who is committed to public service and the pursuit of learning. May we all aspire to be as great and selfless as our friend Professor Carver."

The tribute to Professor Carver was organized by Professor Lucy Marsh, Alumni Relations Director Laura Dean, Caryl Shipley, and Jeff Rideout.

To learn more about the life and career of John A. Carver Jr., visit the "John A. Carver Jr. Oral History" website by clicking here.

Editor's Note: Top photo is Dean Katz and Professor Carver. Bottom photo is Professor Carver and former Colorado Gov. Richard Lamm.

Juliet Briggs, 2010 Denver Law LLM Graduate, Passes New York Bar Exam and Prepares to Return to Government Service in her Home Country Nigeria

2011-05-09T01:27:00.000-06:00

Juliet Briggs, a 2010 LLM Graduate from the Environmental and Natural Resources Law & Policy Graduate Program at Denver Law, has passed the New York bar examination.

Ms. Briggs, who graduated with First Class Honors from her law school in Nigeria, will return to Nigeria after she is sworn in as a member of the New York Bar.

"I would love to return to my country to put into practice the many things I learned here in the U.S. and especially at the University of Denver," Ms. Briggs said. "My government sponsored me to come here," she said, "and I can think of no greater way of expressing my gratitude than service to my country."

Prior to coming to Denver Law, Ms. Briggs served with the Attorney-General of Rivers State Ministry of Justice.

Don C. Smith, Director of the Environmental and Natural Resources Law & Policy Program said Ms. Briggs was clearly looking ahead when she decided to take the New York bar exam. "She has told me, 'I believe no knowledge is a waste. And besides, there are American companies in Nigeria and having the prestigious New York bar license will place me in a more favorable position than other applicants should I ever apply for a job.'

"Juliet has prepared herself to make a major contribution to her own country of Nigeria as well as the world more generally. All of us at Denver Law are excited about Juliet's future and thrilled with her success with the New York bar."

Tonye Oki, 2005 Environmental and Natural Resources Law LLM Graduate, Chief Negotiator for Grynberg Petroleum Company

2011-05-06T01:55:00.010-06:00

Tonye Oki, a 2005 LLM graduate of the Environmental and Natural Resources Law & Policy (ENRL) Graduate Program, recently joined the Grynberg Petroleum Company.

Mr. Oki, who is also an Adjunct Professor teaching "Negotiating Natural Resources Agreements" with co-Adjunct James King, hit the ground running in his new job.

"In the first week of my employment I visited five countries and negotiated minerals and land concessions with the highest levels of government - including directly with the Presidents of Rwanda and Burundi," Mr. Oki said.

During the period Mr. Oki has been with Grynberg Petroleum he has been promoted from International Contracting Attorney to being appointed Executive Vice President and Chief International Negotiator for the Grynberg & Affiliates Group of Companies.

Don C. Smith, Director of the ENRL program, said, "Tonye Oki is one of the LLM program's most esteemed graduates as well as now being a professor to and mentor of students all across Denver Law. I had Tonye as a student several years ago. I knew from the moment I met him that he would make important contributions to the legal profession, and his career speaks for itself.

"In his role as an Adjunct Professor, Mr. Oki shares his insights and experience with our students, thus enabling them to benefit from this 21st century natural resources leader. Professors like Tonye Oki are what make DU Law a special place at which to study about environmental and natural resources issues," Lucy Daberkow, Assistant Administrative Director of the ENRL Graduate Program said.

Mr. Oki, who has an LLB from Nigeria, is licensed to practice law in Nigeria as a Barrister, Solicitor, and Advocate of the Supreme Court of Nigeria. He is also licensed to practice law in the U.S. state of Colorado as has passed the New York Bar exam.

Financial Times' Special Report Says China is now Latin Americas Biggest Trade Partner

2011-05-04T01:38:00.011-06:00

A new Financial Times special report underscores, once again, the international nature of the natural resources sector.

In "The New Trade Routes: Latin America" (published April 26, 2011), the FT reports that, "Over the past decade, fast-growing emerging countries, be they in Asia, India, or Africa, have shown a near insatiable demand for the commodities that Latin American has in such abundance, whether Argentine soya, Brazilian iron ore, Chilean copper or Peruvian gold."

China, in particular, has played an enormous role in this development. In 1999, according to the FT, trade between China and Latin America was not even $10 billion. Ten years later, that number had exploded to $130 billion, or nearly 16 times as much. And the growth of trade with the U.S.? Well that's another story entirely with an increase of only about half in the same period.

At Denver Law, we are intimately familiar with the rising importance of Latin America as a geographical powerhouse. Not a day goes by that someone or some group at the law school is not talking about or considering the impressive developments in Latin America, and particularly growth opportunities associated with the extraction of natural resources.

There are all manner of issues to be considered including resource nationalism, why nation states and local governments should ensure that communities where this development is taking place must have a "seat at the table" when the future is discussed, and how businesses in this sector can and must operate in a time when their every move is watched closely by NGOs and financial institutions, among others.

To be sure, the development has considerable challenges associated with it, but it has substantial opportunities as well. We will continue to prioritize recruiting the best and brightest in Latin America to study at Denver Law.

One clear indication of Denver Law's commitment to this continent is the number of LLM students that are recruited from Latin American countries. For example, in the academic year that is just finishing Denver Law's Environmental and Natural Resources Law Graduate Program has hosted LLM students from Argentina, Brazil, Chile, Columbia, and Peru. To round out our hemispheric coverage, we also have students from Mexico and Canada. And, of course, we have U.S. students who come from coast to coast.

We aspire to provide a broad look at environmental and natural resources issues, and if our success in recruiting a diverse group of students is any indication we are doing just that.

Chilean President Sebastián Piñera has said the following about Latin America: "If we do things right, this 21st century will be our century."

Editor's note: The picture of Latin America at night from space is from NASA.

Members of German Bundestag Visit University of Denver; Renewable Energy in Germany and the U.S. Discussed

2011-05-02T01:15:00.002-06:00

Over the weekend, I had the pleasure to meet with three members of the German Bundestag, who were in Denver for a series of meetings. The German Bundestag is the national Parliament of the Federal Republic of Germany. Its seat is the Reichstag Building in Berlin. As the strongest economy and largest population in the European Union, Germany has played, and continues to play, a major role in discussions about EU energy policy.

One of the subjects that we discussed is the difference in how the U.S. and Germany (and the European Union more generally) see the relationship between the environment and energy and jobs. One of the German parliamentarians explained that in his country the "link" between green energy and jobs is widely accepted. In this regard, the German Consul General for Los Angeles pointed out that Siemens, a major German engineering firm, has invested widely outside of Germany, including in Colorado where the firm has a wind turbine research center just outside of Denver.

The Germans, Danes, and Spanish, in particular, have invested significant public and private monies in the development of renewable energy. (In the eyes of many experts, European-based firms have most successfully deployed renewable energy technologies.) Luckily for us, many of their investments are in Colorado, the U.S. center of "the new energy economy."

Stay tuned for more news about Denver Law and renewable energy. It is no accident that we are moving smartly ahead in this key energy sector. Prospective students interested in renewable energy law and policy should strongly consider Denver Law.

Don C. Smith
Director
Environmental and Natural Resources Law & Policy

James Smith, LLM Student Reviews “The Quiet World: Saving Alaska’s Wilderness Kingdom, 1879-1960” by Douglas Brinkley

2011-04-29T01:46:00.002-06:00

The Quiet World: Saving Alaska’s Wilderness Kingdom, 1879-1960 by Douglas Brinkley is really quite good, and consequently it may be of interest to others at DU Law.

Brinkley is a prolific historian and this is his latest effort. It follows a great ecological book a few years ago focusing on Theodore Roosevelt’s conservationism (The Wilderness Warrior). The book starts with Roosevelt’s boyhood fascination of the recently acquired territory and John Muir’s early travels there and ends with statehood and the creation of the Arctic National Refuge.

Brinkley makes a great effort at reminding readers of the vast wonder of Alaska’s natural resources – boundless forests, endless coastlines, seemingly inexhaustible glaciers, millions of animals. Along the way, Brinkley introduces the reader to many interesting figures who helped preserve much of Alaska: Aldo Leopold, Justice William Douglas, Rachel Carlson, Ansel Adams, etc. Even Walt Disney makes an appearance. For Brinkley, these are the heroes of the story. Even the U.S. government manages to do far more good than bad in Brinkley’s eyes (playing against character in American stereotypes).

The book isn’t perfect. There is little said about Native Americans. And the limits of Rooseveltian conservation are stark: spying a snowy owl having made its way far south to Long Island, N.Y., the young naturalist, after staring in wonder at the magnificent creature, shoots it dead with a shotgun and takes its taxidermied corpse with him that year when he entered Harvard. Disney’s appearance in the story seems a bit forced. Yet, there is plenty that a reader might learn. I had no idea that Edward Teller tried seriously to convince the Eisenhower Administration to use nuclear bombs “to dig” an artificial harbor on the North Slope. Or that FDR was a huge forestry buff, once listing “tree farmer” as his occupation.

Alaska plays a large role in the conclusion of the evolution of America’s attitudes toward the environment and natural resources. Its exploration and assessment after purchase from Russia came at a critical fork in the exploitation of landed wealth. By then, Americans nearly had occupied the West and the last unrestricted opportunities to harvest timber, mine gold, and exploit animal or energy riches were underway (even if not yet complete).

The cycle of expansion--using up resources in one place and then moving on westward--was complete, but for Alaska. How easy it would have been simply to adopt the massive reach of northern treasure as the next chapter in this story.

Yet, at the same time, it was obvious to at least some Americans that what was once limitless bounty to the eyes of European explorers on the Atlantic coast, literally a cornucopia of resources offered by the hand of God, was in fact finite and limited. And, that the end was, if not at hand, at least foreseeable, again, but for Alaska. The Quiet World is the story of how the obvious and predictable depredation of Alaska never quite came (fully) into being and the individuals whose decisions made Alaska (mostly) an exception to the historical rule.

James Smith
LLM Candidate December 2011

David A.O. Edward, Former Member of the Court of Justice of the European Union, Speaks at DU Law; Addresses EU Environmental Law & Policy Issues

2011-04-27T04:27:00.008-06:00

David A.O. Edward, a member of the Court of Justice of the European Union from 1992-2004, visited Denver Law recently and spoke to students about the European Union in general and EU environmental law and policy specifically.

Judge Edward, from Edinburgh, Scotland, was also a member of the EU Court of First Instance (now called the General Court) from 1998-1992.

Judge Edward, who has been called one of the most influential Court of Justice judges in the history of the European Union, said that there two difficult issues when it came to deciding environmental-related issues.

First, he noted that in many instances the legislation that underlies a legal challenge is not entirely clear. The legislative branch "leaves it to the Court to resolve (ambiguities). Consequently, in some instances the ambiguity is deliberate on the legislature's part." This means that the Court is put in the position of clarifying what the legislation means.

Second, enforcing EU environmental law can be a problem in some instances. Typically enforcement is left to the 27 individual member states of the EU. However, where a member does not enforce legislation then the European Commission can bring action before the Court of Justice and seek an order of enforcement and a fine. Judge Edward noted that while he was a member of the Court, just such an action was brought against Greece and the Court imposed a fine against the country.

Judge Edward was also the guest of honor at a reception attended by students and faculty.

Don C. Smith, director of the Environmental and Natural Resources Law & Policy Program said that the College of Law was honored to host Judge Edward. "By many measures, the European Union has assumed a leading environmental role in the past decade. Having a former judge of the stature of Judge Edward speak to our students represented a great learning experience for all of us." Mr. Smith said that having visitors such as Judge Edward reflects Denver Law's commitment to exposing students to key environmental law figures from around the world.

Editor's note: The top picture includes students Ambika Chawla (on left) and Maha Kamal (on right); Judge Edward, to the left of Ms. Chawla, is next to Professor and Director of the International Law Program Ved Nanda. In the middle picture Don Smith is between Judge Edward and Professor Nanda. In the bottom picture, students (from left to right) Lauren Anderson, Eric Cheong, and Ms. Kamel are with Judge Edward.

Denver Business Journal Energy Reporter Cathy Proctor Speaks at Denver Law: Explains Industry Trends as well as Dealing With the Media

2011-04-25T01:17:00.002-06:00

Cathy Proctor, reporter for The Denver Business Journal, recently spoke to 30 Denver Law students. Ms. Proctor addressed trends in the energy sector in Colorado. Featured as part of the school’s Environmental and Natural Resources Law Program Speaker Series, Ms. Proctor has covered energy issues in the state and region for the Business Journal for more than 10 years.

The business audience in her readership, she said, is less interested in environmental issues per se, and more attuned to economic and financial dimensions arising from environmental concerns. She offered the example of a story she wrote portraying the smaller carbon footprint achieved by a building that was remodeled to become more green. The building manager reported to Ms. Proctor that the article inspired many readers to contact the manager to learn how they too might achieve the impressive energy savings that her story had reported were a product of the renovation.

She also noted that there are other state policy domains where legal expertise is needed. For example, the number of lawyers involved in drafting Colorado’s new oil and gas rules, passed in 2009, she said, was astounding.

She also impressed upon the law students the importance of regulatory regimes, such as Colorado State Amendment 37, passed in 2004, which caused utility companies to invest heavily in wind and solar power projects.

Ms. Proctor described a pair of ways in which the drive for renewable energy requires legal expertise. First, rules and regulations applied to “old energy” (e.g., natural gas and oil) are now being applied to the “renewable crew.” For example, siting windfarms on public lands has led the industry to anticipate potential impact on species important to the ecosystem and not yet on the endangered list; their goal in protecting these animals is to not add another species to the list. Second, she said, local owners don’t necessarily like solar panels or wind turbines today any more than they once liked oil rigs in the past—they represent change and naturally provoke a NIMBY (i.e., not in my back yard) response. Land use rules are key to siting these renewable technologies.

Lastly, Ms. Proctor offered advice about how companies in the news should respond to interest from the media. The typical journalist, she stressed, works on a deadline and is eager for information. An attorney answering a journalist’s call must be aware of and must establish clearly the ground rules guiding the conversation that follows: Are the comments “on-the-record,” for “background, or “off-the-record.” Once that is established, she urged the attorney not to deflect questions or refuse to answer them, rather to use the encounter to fashion the company’s response to the journalist’s inquiries about, for example, a lawsuit just filed against it.

University of Denver Water Law Review Annual Dinner: A Gathering of Water Law and Policy Leaders and Analysts

2011-04-22T23:41:00.004-06:00

One of the most enjoyable nights of the spring semester each year is the annual dinner of the University of Denver Water Law Review. And tonight was no exception.

The Water Law Review is unique among American law school journals since it focuses entirely on water law. It includes the highest quality articles from the leading figures in water law. Moreover, student prepared summaries of key water cases are valuable to all water practitioners.

Chairing the annual dinner marked one of the final responsibilities for current editor-in-chief, Ryan McLane, who received a standing ovation for his contributions to the Review. It also provided incoming editor-in-chief Matt Brodahl an opportunity to look ahead to next year's issues. Many of the Review's impressive staff of students were also on hand to enjoy the evening.

The Water Law Review really is one of the "crown jewels" at Denver Law. A highly respected source of the most current information about water developments, The Water Law Review is consulted each year by many of the nation's top water lawyers. In fact, a recent article has resulted in a currently on-going debate in Montana about whether to revise the state's water policy.

Joining in the dinner and collegiality were several individuals who have also been strong supporters of the Water Law Review including water law expert Professor George (Rock) Pring, faculty advisor since the inception of the Review, and Professor Tom Romero, who also teaches water law and will be joining Professor Pring as a faculty advisor. Both received warm applause from students who benefit enormously from their expertise and guidance. Professor and Associate Dean Fred Cheever also attended along with Adjunct Professor Star Waring, who teaches Water Law and has been involved in a recent series of the most important cases involving Colorado water law.

This annual event marks a proud night in Denver Law's long-standing commitment to environmental and natural resources law. Few institutions anywhere can boast of such an impressive group of professionals -- professors, students, members of the water law and policy community -- involved with water law.

Prospective law students who are interested in water issues should seriously consider Denver Law as a place to learn about water law as well as rub shoulders with sterling leaders such as Professors Cheever, Pring, Romero, and Warring as well as current students who are the water law and policy leaders of tomorrow.

Don C. Smith
Director
Environmental and Natural Resources Law

Robin L. Newmark, Director of the Strategic Energy Analysis Center at the National Renewable Energy Laboratory, Speaks at Denver Law May 4

2011-04-20T01:12:00.001-06:00

The current portfolio of energy technologies in the U.S. has highly regionalized and technology-specific requirements for water. This portfolio is likely to evolve in coming years, shaped by various policy and economic drivers, which will have an impact on power sector water demands. Similarly, the water sector requires energy for pumping, distribution and treatment. Increasing demands for fresh water, combined with increasing treatment requirements, suggest an increase in energy demands by the water sector.

Analysis of future energy scenarios that incorporate technology options and constraints as well as different policies can provide insight into how the technology mix is likely to evolve along with the water consumption and withdrawal implications on both a national and regional level. Challenges posed by the water implications of future energy scenarios and the trends for the water sector are presented, along with some opportunities to address them.

On Wednesday, May 4, in room 125 at 12 noon, Robin L. Newmark, Director of the Strategic Energy Analysis Center at the National Renewable Energy Laboratory (NREL), will address these issues.

Prior to joining NREL, Dr. Newmark was at the Lawrence Livermore National Laboratory (LLNL), where her research focused primarily on energy, environment and national security. In recent years, she has led or contributed to programs involving energy, climate and water issues, including the interdependence of water and energy systems; one example is a water initiative with components addressing the impacts of climate change on water resources, assessing denitrification in agricultural regions, and the development of energy-efficient, selective water treatment technologies.

Dr. Newmark is an active member of the multi-national laboratory Energy-Water Nexus working group, the World Resources Institute Carbon Capture and Sequestration (CCS) Stakeholder Group and the U.S. – China Expert CCS Steering Committee. She is an author of over 50 papers, reports and patents, a Fellow of both the Renewable and Sustainable Energy Institute at the University of Colorado, Boulder and the Center of Integrated Water Research at the University of California at Santa Cruz.

Dr. Newmark holds a B.S. from the Massachusetts Institute of Technology, where she was selected Phi Beta Kappa, a M.S. from the University of California at Santa Cruz, an M.Phil and a Ph.D from Columbia University.

The public is invited to attend.