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

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.

Three DU Law Professors Attend the Rocky Mountain Mineral Law Foundation Meeting in Canada

The Sturm College of Law will be well represented at this week's 56th annual meeting of the Rocky Mountain Mineral Law Institute, organized by the Rocky Mountain Mineral Law Foundation, meeting in Banff, Alberta, Canada, beginning tomorrow. Attending from the law school will be Fred Cheever, Associate Dean for Academic Affairs and Professor of Environmental Law, K.K. DuVivier, Energy and Mining Law Professor, and Jan Laitos, Natural Resources Law Professor.

The Sturm College of Law has a long and storied relationship with the Foundation, which is one of the world's preeminent organizations for considering issues related to minerals extraction, development, and management. In the late 1950s the law school was a founding member of the Foundation. Since then the law school has played a significant role in the Foundation including in recent years when Professors Cheever and Laitos have served as Trustees of the Foundation. Moreover, Professor Cheever currently chairs the Natural Resources Law Teachers Committee.

DU's strong relationship with the Foundation has been a key to the rich selection of courses and professors that students find at DU. For example, four speakers at this year's meeting in Banff have taught at the College of Law: Bob Bassett of Holland & Hart in Denver; James Cress of Holme Roberts & Owen in Denver; Florencia Heredia of HOLT Abogados in Buenos Aires, Argentina; and James Otto, an independent natural resources consultant in Boulder.

These relationships provide DU students a unique level of expertise and experience second to none among U.S. law schools. And to be sure, understanding and appreciating the complex relationships between environmental protection, on the one hand, and natural resources development, on the other hand, are more important today than ever before. A well-rounded environmental or natural resources professional must understand and take account of all of the key issues, and that is exactly what students find each and every day at DU.

To see a program summary for the 56th annual institute, please click here

Photo Collage of "Comparative Latin American Mining Law" Course

The short course, "Comparative Latin American Mining Law," has received a great deal of attention from the students in the course, other students at DU who were not able to take the course this time, as well as others outside the DU law school. I blogged about the course on the third and fifth days of the five day course, which was held Aug. 3-7.

To give you some idea of the engaging approach encouraged by Florencia Heredia and Luis Carlos Rodrigo, our adjunct professors from respectively Buenos Aires, Argentina and Lima, Peru, I've assembled a photo collage about the week. Click here to share some of the "flavor" of the course.

Meanwhile, here are just two pictures from the wonderful home cities of Ms. Heredia and Mr. Rodrigo. The top photo was taken in Buenos Aires in mid June 2008. The bottom photo was taken in late June 2008, looking south along the Pacific coastline of Lima. Both cities are among the world's most beautiful and interesting. You definitely should visit both. (And as a footnote, I did not even scratch the surface of everything these two great countries have to offer in terms of geography, culture, and history.) For those in the northern hemisphere it is worth remembering that June is "equivalent" weather-wise to what we experience in December.

On my trip to Latin America in June 2008 (when I first met Ms. Heredia and Mr. Rodrigo) the weather was a mix of sun and clouds/fog. It was not always sunny in Buenos Aires (as the picture might suggest) nor was it always cloudy in Lima.

Wonderful countries, friendly and perceptive people, two fascinating parts of the world to be sure.

First of Its Kind "Comparative Latin American Mining Law" Course Finishes With Mining Case Study

The first course of its kind in a U.S. law school -- "Comparative Latin American Mining Law" -- taught by two of Latin America's premier mining law attorneys came to a close last Friday afternoon. The course, which began early last Monday morning, consisted of five seven-and-one-half hour days as well as reading and writing assignments taking place before, during, and now after the course.

The course, which attracted JD, LLM and Master of Resource Law Studies students from the U.S. and abroad, reflects the Sturm College of Law's commitment to bringing cutting-edge courses to our students and providing them a chance to learn from some of the world's best law practitioners.

The course was unique for several reasons. First, as mentioned above, the course was taught by two Latin American attorneys, Florencia Heredia of HOLT Abogados in Buenos Aires, Argentina and Luis Carlos Rodrigo of Estudio Rodrigo Elias & Medrano in Lima, Peru. Ms. Heredia and Mr. Rodrigo are widely considered among the best mining lawyers in the world as reflected in their membership on the prestigious Trustees at Large Council of the Rocky Mountain Mineral Law Foundation. In addition, both hold high-level positions with the Mining Law Committee of the International Bar Association.

Each and every day, these two leaders are working with firms and clients in South America, North America, Europe, and China. They have earned the respect of their peers, and it was for this reason that we sought them out to teach this course (and were delighted when they agreed to do so).

Why Latin American mining law? Well, there are many reasons, but let me share two. First, Peru is a global mining leader, which produces more silver than any country in the world and is second in copper. Second, Argentina is at the beginning stages of significant mining development, with a great deal of the Andes region in the western part of the country still relatively unexplored but holding great promise for significant mining activity.

With China and India (as well as others) in the relative beginning stages of development, it is reasonable to conclude that the pursuit of minerals will only increase. Looked at another way, residents in North America, the European Union, and Japan make up less than 1 billion people; China and India together represent a population nearing 2.5 billion.

And what did Ms. Heredia and Mr. Rodrigo teach about? Many, many topics that are fundamental to mining development in Latin America (and elsewhere for that matter) including:

• An overview of the mining industry in each country
• Legal regimes in both countries
• Legal and regulatory frameworks
• Mining granting authorities
• Mining concessions
• Royalty agreements
• Financing
• Political risks
• Stabilization agreements
• Community relations

Course sessions were filled with descriptions of how each country's mining sector works as well as many questions and answers. Students actively participated in each session.

The week-long intensive course was capped by a Friday afternoon "simulation" in which four groups of students participated in a role play involving a case study written by the professors. The four groups were: the company, government, NGOs, and the community. Ms. Heredia and Mr. Rodrigo played the role of the financiers of a hypothetical project. Each group presented its position relative to the development of a mine in an environmentally sensitive area. The professors asked questions of each group, probing to find how the role players would react to real questions from a financial institution.

The project, which included a Thursday afternoon and evening preparation by each group, allowed everyone a chance to individually and collectively reflect on all they had heard and learned over the week. Afterwards, Mr. Rodrigo and Ms. Heredia provided observations about each group's presentation.

"The presentations were excellent," Mr. Rodrigo said. "I was very impressed by the work of each group," Ms. Heredia said.

The level of interaction between the professors and the students was excellent, and it achieved an objective that I had hoped for: a chance for students to learn in a formal but relaxed setting from two of the world's best. Moreover, I have a sincere feeling that many students were inspired by what they heard and observed.

At the very end of the class, Ms. Heredia and Mr. Rodrigo were greeted by a rousing round of applause. It's difficult to beat a learning atmosphere that is challenging, engaging, fun, and cutting-edge. This course represented all of these elements and more.

It was my immense pleasure to help organize the course and play a very small role (and I do mean small!) in carrying it out. Muchisimas gracias a nuestros professors, Florencia Heredia y Luis Carlos Rodrigo! Nos vemos en Denver pronto, esperamos. (Many, many thanks to our professors! We hope to see you again soon in Denver.)

"Comparative Latin American Mining Law" Course Passes "Half Way" Mark

The one-week intensive course "Comparative Latin American Mining Law" has now passed the half-way point. The course began Monday morning and will run through Friday afternoon. The days have been long and filled with information and discussion.

There were several objectives behind holding the one-week course. First, DU wanted to attract two of the best Latin American mining lawyers to teach the course. To ask such individuals to spend a semester at DU is not entirely realistic, so we thought that by offering an intense one-week session we could attract the best professionals to DU.

Second, we wanted to offer a course in a format that was useful to students looking to earn credit in a "non traditional manner." Put another way, we were hearing from students that they were willing to commit a week of intense effort to earn three credits. Finally, we hoped that the offering would allow a relatively small group of students to get well acquainted with the expert adjunct professors.

We are not quite to Friday afternoon yet, but I think it is now safe to say that we are well on our way to establishing the benefit of the short course format. This course is being taught by two of Latin America's most talented and experienced mining lawyers, Florencia Heredia of Buenos Aries, Argentina, and Luis Carlos Rodrigo of Lima, Peru. Ms. Heredia and Mr. Rodrigo are widely considered among the top five -- and perhaps the top two -- mining lawyers in Latin America. Students can never go wrong when they are learning from the top professionals in a particular sector.

Meanwhile, the reaction of students to the "short course format" has been positive, and several have thanked DU for organizing this course.

Finally, the students and the adjuncts are really getting to know each other. Clearly the objective of a course is not necessarily to establish a life-long friendship between students and teachers. On the other hand, however, the ability of students to interact with and observe the expertise of people such as Ms. Heredia and Mr. Rodrigo should not be taken lightly. Learning from such individuals can be a fulfilling -- and in many respects inspiring -- experience.

This evening, for example, we had a somewhat impromptu (thanks to my not getting organized earlier!) get together after class where our adjuncts and the students shared an opportunity to get acquainted in a social setting. Latin American beer, wine, snacks, and a brilliantly blue Colorado late afternoon sky punctuated by a handful of puffy white clouds served as the setting for a wonderful get together. How often does one get to have an informal chat with the best of the best? Not often, but today that's exactly what took place in Denver.

Attracting the top experts to teach about a cutting-edge topic (there will be many, many opportunities to develop mining in Latin America) to a talented group of students is a recipe for a strong and vibrant graduate program.

At DU we are excited about the flexibility the short course format provides us and we are committed to making individuals such as Ms. Heredia and Mr. Rodrigo a key part of our program. Tomorrow I'll write more about the course itself.

Stay tuned. We are just getting started.