Friday, November 18, 2011

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

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.

Thursday, November 17, 2011

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

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 (, 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 (

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 ( and ANTAMINA Mining Company ( 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."

Monday, November 14, 2011

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

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.