Denver Law Assumes Editorship of the Prestigious "Journal of Energy and Natural Resources Law" Published by the International Bar Association

Beginning January 1, 2012, the Environmental and Natural Resources Law & Policy Program has assumed the editorship of the prestigious Journal of Energy and Natural Resources Law (JERL). The Journal is published by the International Bar Association Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL).

SEERIL is the leading international forum for energy and resources lawyers. With a membership of more than 2,000 of the most recognized professionals from private practice, energy companies, academia and governments, SEERIL provides unrivalled opportunities for lawyers worldwide to exchange views and professional expertise.

From its launch date in 1982 until 2007, JERL was edited at the University of Dundee, Scotland, Centre for Energy, Petroleum & Mineral Law & Policy. For the last three years it has been edited at the University of Calgary School of Law. Thus, the Sturm College of Law will serve as the first “U.S.-based” institution to edit the journal.

Don Smith, Director of the Environmental and Natural Resources (ENRL) Program, will serve as editor. He will be assisted by students who will help with various aspects of publishing the journal. JERL will use a system of peer reviewers to assess papers that are submitted for publication.

The decision by the IBA to award the editorship to Denver Law was confirmation of the high regard in which the ENRL program is held by the international community, Mr. Smith said. “Having the IBA and SEERIL name Denver Law as the editor of the Journal is enormously significant,” he said. “This will raise Denver Law’s already high reputation among international practitioners and academics to an even higher plane.”

Denver Law Dean Martin Katz said hosting the Journal is a perfect fit for DU. “Our strategic plan commits to demonstrated excellence in environmental and natural resources law,” Dean Katz said. “To us, this means being at the center of the international dialogue on cutting-edge resources issues. This journal advances our ability to do exactly that.”

The Journal’s articles are written by authors worldwide. The first 2012 issue, which will be published in mid-March, includes pieces written by authors from Canada, Italy, South Africa, the United Kingdom, and the U.S. The first issue will feature these articles:

• Whither the South African Mining Industry?


• Natural Gas Price Reviews: Past, Present and Future


• Marine Environmental Protection in Joint Development Agreements


• Integrating the Proposed National Oil Company of Uganda into the Corporate Governance Discourse: Lessons From Norway

For more information about JERL including Aims and Objectives, Submission Procedure, and Guidelines and Information for Authors, please click here.

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.)