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

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."

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

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.”

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

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

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

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.

The Rocky Mountain Energy Blog: Readily Accessible Expertise and Insight About Energy Issues in the Rocky Mountain Region

Anyone interested in following energy developments and challenges in the Rocky Mountain region -- particularly Colorado, New Mexico, and Wyoming -- should be sure to bookmark (or subscribe to) the Rocky Mountain Energy Blog, which identifies and tracks major developments and trends in the region.

Yesterday I had lunch with Kelly de la Torre, one of the blog's co-authors and an attorney at Beatty & Wozniak in Denver. The firm, which goes by the moniker "Energy in the Law," focuses on energy and natural resources law. As a result, the blog, which is co-authored by Jamie Jost, who also practices at Beatty & Wozniak, is filled with information and observations that will be extremely useful to anyone practicing or thinking about practicing in this area, or (and possibly more importantly) for businesses that are part of the energy or natural resources sector in the Rocky Mountains.

Perhaps what makes this blog so useful is the experience and insight that Ms. de la Torre and Ms. Jost bring to the project. The former practices mostly in the renewable energy sector, and is an expert on transmission issues. The latter focuses on oil and gas, thus bringing perspective to a different segment of the energy sector. Working together, Ms. de la Torre and Ms. Jost cover a great deal of ground writing about issues that are at the forefront of development in the Rocky Mountain West.

A few recent postings illustrate my point. In late February, the blog included a posting about the New Mexico Electricity Transmission Planning Report. In early February the blog reported about "a new report that emphasizes the need to include natural gas in policy and infrastructure planning discussions between industry, regulators, and policy makers."

Ms. de la Torre explained that she represents clients before the Colorado Public Utilities Commission and the New Mexico Public Regulation Commission. She also regularly interacts with state infrastructure authorities in the Rocky Mountain Region. In brief, she has studied the regulatory and legislative issues involving the often vexing issues related to electricity transmission and thus when she speaks or writes about these issues it makes sense to pay close attention.

You only have to look at what Ms. de la Torre is doing, and her passion for understanding and resolving tough transmission-related issues, to have a better understanding about why many consider Denver and Colorado the center of the "new energy economy."

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

JD Graduate Profile: Becky Bye, Legal Counsel for the U.S. Department of Energy Office of Energy Efficiency and Renewables

Issues related to renewable energy and energy efficiency are among the top energy-related matters domestically and internationally as nearly every country grapples with how to provide affordable, dependable, and clean energy.

Becky Bye, a May 2005 JD graduate of the University of Denver Sturm College of Law, is someone who works on these issues daily. To Ms. Bye, the practical aspects of how the U.S. can and is implementing energy efficiency and renewable energy alternatives are the fundamental questions addressed in her legal counsel position for the U.S. Department of Energy, Office of Energy Efficiency & Renewable Energy, Golden Field Office in Golden, Colorado.

More specifically Ms. Bye provides legal advice on legal issues and laws ranging from energy and environment to labor and government contracting. She negotiates power purchase agreements and interconnection agreements with private entities for the installation and sale of renewable energy on DOE-owned sites. She also provides lead legal support for matters involving a variety of Funding Opportunity Announcements (FOAs) including the state and local government energy efficiency and conservation block grant program funded by the American Reinvestment and Recovery Act of 2009.

Before assuming her role at the Department of Energy, Ms. Bye worked as an associate attorney at Holland & Hart in Denver and later as an Assistant Attorney General for the State of Colorado. In the latter position, Ms. Bye provided legal advice to the Commissioners of the Colorado Public Utilities Commission (PUC) regarding federal and state energy, gas, telecommunications, water, and transportation laws. She also acted as lead counsel on behalf of the PUC for hearings and decisions regarding energy efficiency initiatives in buildings, gas rates, new energy turbines, and proposed transmission lines proposals.

Because of Ms. Bye's expertise and career experience, Environment21 posed several questions to her:

1. When did you first get interested in renewable energy and energy efficiency?

"Since my childhood, I was always interested in pursuing law school and always had a separate interest in the well-being of the environment including human, animal, and plant health and preserving the earth's beauty. On top of these interests, I had an interest in science and majored in chemistry in college. When I started at the University of Denver Sturm College of Law, I maintained an interest in environmental, natural resources, and energy law; these areas were the perfect confluence of my interests and passions. Around the time I went to law school (2002 through 2005) and soon thereafter, economically feasible renewable energy/energy efficiency technologies became more relevant to society for so many reasons. I chose to pursue this area since it seemed that I could do my part as a lawyer to secure a cleaner environment for future generations, while also creating many jobs in the new 'green' energy sector."

2. What advice would you have for students who might want to work in this area?

"The first piece of advice I would give any student pursuing any area of law is get as much hands on experience as you can in order to understand what the practice area encompasses. I would also advise you to try different aspects of that area--working at a firm, in-house, federal government, state government, non-profit, etc. Each type of entity, even if you practice in the same practice area, provides a wholly different experience as an attorney. Truly find your best fit.

"I would also advise students to go out and try to meet as many practitioners as they can and talk to them about what they do. Attend law school events that are attended by attorneys; attend Colorado Bar Association continuing legal education events for the practice area in which you are interested; do your best to meet as many people as you can and get as many perspectives as you can. Lastly, keep up with the news. If you are interested in renewable energy/energy efficiency, do your best to stay on top of the technologies and the laws behind it, so you can get more out of your discussions with practitioners or other people in the field."

3. How did your Sturm College of Law education prepare you for what you are now doing?

"Renewable energy/energy efficiency law involves various other legal areas. On a daily basis, I must use my knowledge of property, administrative, real estate, labor/employment, environmental, contract, and other laws to provide sound legal advice to my client (the Department of Energy). The Sturm College of Law provided a wide array of these and other courses, and I incorporate what I learned everyday. In addition, I took many practice-related courses such as the Natural Resources Practitioner-in-Residence class that helped me understand the transition between learning the law and applying it in practice."

Inter-American Development Bank to Promote Renewable Energy and Energy Efficiency in the Entire Western Hemisphere

The Inter-American Development Bank (IDB) and the United States have announced an enhanced effort to promote the development of clean energy sources throughout the western hemisphere.

Recently the IDB and the U.S. Department of Energy (DOE) signed an agreement aimed at facilitating DOE assistance to the IDB in the distribution of about $3 billion in funds for clean energy projects. An example of how the money will be spent was offered by IDB President Luis Alberto Moreno who said the bank would propose to the Haitian government a new energy infrastructure aimed at harnessing the island's wind, solar, and hydroelectric potential. He said:

"One billion dollars [for this project] is a lot of money...But imagine what it would mean to Haiti to reduce its burden from fuel imports. Furthermore, this would prove that renewable energy isn't a luxury, but rather a smart way of unleashing human potential in even the most difficult of settings."

The IDB and the DOE are also planning to establish an Energy Partnership for the Americas Innovation Center, which will be staffed by world leading renewable energy experts.

In addressing the partnership, U.S. Secretary of State Hillary Clinton noted the increasing interest in renewable energy all across the hemisphere and how energy issues are related to economic development:

"[The large income gap between north and south] is the most important challenge we face as fellow Americans. What do we do to make sure that we create rising incomes, improving standards of living for people from the Arctic to the very tip of South America? Energy is one of the keys that will unlock what has been a consistent challenge over so many decades. We cannot lose this opportunity."

Established in 1959, the IDB is the world's largest development bank. It reports to 48 western hemisphere countries.

European Union on Target to Achieve 20 Percent of Energy From Renewables by 2020

The European Union is on target to generate from renewable sources more than 20 percent of the total energy it consumes by 2020.

According to a statement released last week, the EU will reach an overall share of 20.3 percent of energy from renewable sources by 2020.

Gunther Oettinger, European Energy Commissioner, said, "This is a very positive sign for the environment, as it will help us to cut CO2 emissions and at the same time enhance our energy security. It is also a very positive message for our economy and our companies. It is an incentive to invest in green technology and the production of renewable energy."

According to the EU Renewable Energy Directive (2009/28/EC), member states unable to meet their targets with domestic resources alone must acquire transfers from other member states who have met their targets or from countries outside the EU.

Germany and Spain, two of the EU's renewable energy leaders, are expected to surpass their targets.

Financial Times' Book of the Year: "Sustainable Energy - Without the Hot Air"

A book that the Financial Times describes as an "influential account of the science behind renewable energy" has made the paper's prestigious "2009 Books of the Year."

And the great thing about "Sustainable Energy -- Without the Hot Air" is that it can be freely downloaded by clicking here. The book is authored by David J.C. MacKay, a University of Cambridge (England) physicist. A synopsis of the book is available by clicking here.

If you are like me, you may want to read a review (or several) about the book before plowing through it. One review, published by the London Guardian last spring ( "Power to the People," April 29, 2009 ), noted that the book:

[I]s being hailed by some as a 'game changer;' a text that could revolutionise popular thinking about our future energy needs and how we could supply them...[The book] has gathered fans and accolades from all corners of the energy and climate change debate -- politicians, business leaders, environmentalists."

Meanwhile, The Economist ("Meltdown," April 8, 2009), said:

"Irritated by the waffle that often surrounds discussions of energy and climate change, Mr. MacKay...has chosen to illustrate the challenge of breaking our fossil-fuel addiction armed only with the laws of physics, reams of publicly available information and the back of an envelope...The book is a tour de force, showing, for example, how the potential contribution of biofuels can be approximated from just three numbers: the intensity of sunlight, the efficiency with which plants turn that sunlight into stored energy and the available land area in Britain...

With global climate-change and energy policy consisting mostly of feel-good rhetoric rather than action, Mr. MacKay's reminder that the natural world does not care for political expediency...should be engraved on environment-ministry doors the world over. For anyone seeking a deeper understanding of the real problems involved, [this book] is the place to start."

It is worth noting that the book is written largely about energy issues in the United Kingdom. However, do not let discourage you from checking out this useful work.

Colorado: A Long and Storied History of Natural Resources and Energy Development

This past weekend, during a trip to Aspen, Colorado, I was reminded yet again of the long and storied history involving the state of Colorado and the national resources and energy sectors. The reminder came in two ways.

First, my good friend, former member of the European Court of Justice Judge David Edward (I will write more about Judge Edward later this week) and I visited the Maroon Bells Scenic Area, which is in the White River National Forest and about 10 miles southwest of Aspen, Colorado. While visiting this spectacular part of Colorado, we viewed a solar panel that is obviously used to generate electricity in this remote area that is clearly off the electric grid. Solar-related businesses are finding Colorado an attractive place to locate and build their firms.

The second reminder was a throw back to Colorado's past, which was marked by significant mining activities in the Rocky Mountains. In this regard, Judge Edward and I visited a ghost town called Independence, which is located several miles west of the top of Independence Pass. From 1881-1883 the town was abuzz with activity. During this period, about $190,000 worth of gold was extracted from the mountain. Now, all that is left is a scattering of abandoned buildings as well as the remains of some of the mining operations.

Put another way, within one day we experienced the past and the future in terms of Colorado's involvement with mining and now renewable energy. Since the founding of the state in 1876, Colorado has always drawn innovative and forward-thinking individuals whether they be in mining (largely now in the past) or renewable energy (clearly part of our state's future).

As a graduate program, we recognize the importance of both of these key sectors and offer a wide range of classes in both mining and renewables. Consequently, DU is the place to study in these important fields (I hasten to note that while mining is not as big in Colorado now than it formerly was, there is enormous mining expertise in this state and the law school is fortunate to have many mining law leaders teaching in our program).

Renewable Energy Represents "One of the Most Interesting Nexus" in Today's Energy World, MRLS Graduate Says

Danny Splettstosser (MRLS graduate 2007) says, "Renewable energy represents one of the most interesting nexus in terms of policy, regulation, technology, and business." And he ought to know since he is an associate project developer for enXco, a major renewable energy developer. enXco is an affiliate of EDF Energies Nouvelles, which is a member of the French-based EDF group.

In addition to being one of the biggest wind developers in the U.S. (enXco operates more than 1,900 of its own wind turbines and manages another 2,000 wind turbines), enXco is the largest operations and maintenance service provider in the U.S. As such, enXco is a major player in the growing field of American-based renewable energy generation. And that makes Mr. Splettstosser's observations particularly insightful.

Having joined enXco after graduating from the graduate program about 18 months ago, Mr. Splettstosser is now actively involved in the firm's solar business. In this role, he has projects spanning the entire country.

When we spoke last week he pointed out that in some regions of the country -- e.g., Arizona, Southern California, Colorado, New Mexico, and Utah -- solar may in many instances be preferable to wind. He noted that while solar may be more expensive than wind (although he noted that the price differential is rapidly decreasing), solar has its own advantages. Whereas wind is very "location dependent," solar can be installed in vast areas of the American southwest, he said. In addition, solar facilities are often smaller than wind projects and thus can more effectively be "plugged into" the current grid.

Irrespective of whether a project is wind or solar focused, however, he explained that "there is a great amount of legal and policy work involved. And it continues to grow rapidly."

Mr. Splettstosser identified two major (and continuing) barriers to more integration of renewables into the total U.S. generating portfolio:

• Lack of adequate transmission, particularly in the southwest part of the U.S. The typical model now is that the fuel is moved -- in rail cars or through pipelines -- to where the loads are; with renewables, however, the power must be moved from the generating sites to load centers.
• The capital intensive nature of wind and solar development. In most instances, it is more expensive to build wind and solar facilities than equivalent (from a power producing standpoint) fossil fuel facilities. On the other hand, wind and solar facilities will face effectively no increase in fuel costs while the fossil facilities are always faced with the risk of higher fuel prices. The key, he said, is "how to create a stable regulatory structure that will allow you to recover the capital investments over a period of time."

It goes without saying that the economy has suffered greatly over the last 12 to 18 months. However, Mr. Splettstosser is a great example of what can happen with the right combination of education, determination, and imagination. America's energy future is in the hands of people like Danny Splettstosser. Let's hope -- for the sake of all of us -- that he and his colleagues are wildly successful

European Union Must Take Action Now to Meet 2020 Goal of 20 Percent of Total Energy From Renewables

The European Union has committed to generating 20 percent of its total energy consumption by 2020 from renewable sources. The the EU has a long ways to go since today the percentage stands at 8.5 percent.

The Centre for European Reform, one of the premier think-tanks in Europe, has just published a policy brief that addresses the challenges facing the EU. In "How to Meet the EU's 2020 Renewables Target," climate and energy economist Stephan Tindale considers what the EU needs to do to meet the target.

Tindale identifies three key issues:

• "Concentrate as much on biomass and renewable gas (biogas) as renewable electricity. A major increase in the amount of biogas generated from sewage, manure and food waste would be a cost-effective way to meet the target. Because it runs through existing grid infrastructure, biogas significantly reduces the cost of renewables development.
• "Expand the infrastructure required to link renewable sources of energy to energy-users including the rapid expansion of electricity grids (both onshore and offshore). The EU should help to finance the construction of an offshore grid spanning the North Sea, linking Denmark, Germany, the Netherlands, Sweden, Norway, and the U.K. Similarly, it would should support the building of a grid linking Southern Europe with North Africa, which would make it possible to import energy from African solar farms.
• "Reduce subsidies to emissions-intensive forms of agriculture, such as cattle farming. Subsidies should be shifted to more sustainable cultivation and production of renewable gas. For example, farmers should be given financial incentives to turn agricultural waste and manure into biogas."

Last December, the EU agreed to a package of measures aimed at reducing carbon emissions and moving towards a low-carbon economy. Some environmental groups in Europe have criticized the package, arguing that a tougher set of measures should have been adopted. But all of this has to be put into some perspective -- no other nation or group of nations has taken anywhere near as much action on addressing climate change. In addition, there is probably a point beyond which the even wildly-green European Parliament will not go in the absence of evidence that some of the other major economies (e.g., China, India, the U.S.) are making progress.

The next big event for the EU is the U.N. Conference on Climate Change in Copenhagen in December. All European eyes are on what is happening in the other major economies. For now, Europe is largely on its own. Can it afford to maintain this position if no one else follows?

Abu Dhabi Named Headquarters of International Renewable Energy Agency

The International Renewable Energy Agency (IRENA) will be headquartered in Abu Dhabi, the capital of the United Arab Emirates.

The agency was established in Bonn, Germany, in January 2009. To date, 136 states have signed the Statute of the Agency, including 45 in Africa, 36 in Europe, 32 in Asia, 14 in the Americas, and 9 in Australia/Oceania.

According to the agency:

"IRENA aspires to become the main driving force for promoting a rapid transition towards the widespread and sustainable use of renewable energy on a global scale. As the global voice for renewable energies, IRENA envisages providing practical advice and support for both industrialised and developing countries, thereby helping to improve frameworks and build capacity. Moreover, the Agency intends to facilitate access to all relevant information, including reliable data on the potentials for renewable energy, best practices, effective financial mechanisms, and state-of-the-art technological expertise."

Nano Renewable Energy Summit at the Cable Center, Denver, CO

Earlier this week on the DU campus, nano business leaders assembled at the Nano Renewable Energy Summit.  The summit brought together leading global experts involved in the relationships between nanotechnology and renewable energy.  

Of specific interest at the conference was the commercialization of emerging technologies.  Program sponsors included the National Renewable Energy Laboratory, from nearby Golden, Co., the Colorado Nanotechnology Alliance, and the Nano Business Alliance.

Lucy Daberkow, Assistant Program Director, represented the program at the event.  Her report follows:

"The Honorable Kelly H. Carnes, President and Chief Executive Officer of TechVision21 spoke on the "Outlook for Federal Funding" for renewable energy projects. Ms. Carnes served eight years at the highest levels of the U.S. government, working first as an aide to then First Lady Hillary Clinton, and later, as a senior technology policy advisor to four Secretaries of Commerce. 

In her speech, Ms. Carnes spoke about the federal stimulus package and its implications and possibilities for the new clean energy- based economy. Ms. Carnes talked about the Innovative Technologies Loan Guarantee Program which provides funding for early commercial projects that avoid, reduce, or sequester air pollutants.

She went on to talk about funding for the Solar Market Transformation program which encourages cities to integrate the use of solar energy whenever possible (Solar America Cities- Denver being one of them).

She also spoke about the USDA Rural Energy for America Program (REAP) which offers loan guarantees and grants for purchase and installation of energy efficiency appliances and renewable energy systems for agricultural producers and rural small businesses. 

Ms. Carnes reminded the audience about some of the programs the U.S. House of Representatives is looking to implement in the near future: $90 billion in new energy efficiency and renewable energy investments; cap and trade programs; global warming adaptation plans; establishment of a Clean Energy Deployment Administration at the U.S. Department of Energy; and higher energy efficiency standards for buildings, appliances, and industry in general. 

Finally, Ms. Carnes encouraged the audience to apply for grant opportunities which encourage the development of new technologies for renewable energy projects like many individuals and companies have done recently. More information on the availability of grants can be found at www.grants.gov and www.fedconnect.net/Fedconnect/." 

As Lucy's report clearly illustrates, there are enormous opportunities ahead in the renewable energy sector.  And Denver, in particular, is in the eyes of many "the hub of the new energy economy."   

Renewable Energy Adjunct Professor's Firm Selected to Provide Counsel on Alternative Energy Finance Transactions

The U.S. Department of Energy (DOE) has selected the law firm of Brownstein Hyatt Farber Schreck -- where Adjunct Professor John Herrick has a climate change/renewable energy law practice -- to provide project transactional counsel under its federal loan guarantee program. Brownstein thus joins a select list of U.S. law firms that will represent the DOE in its loan guarantee program related to the development of new and innovative energy technologies.

Bruce James, managing partner at the firm, said:

“The Department of Energy’s selection speaks to Brownstein’s position as an experienced player in the new energy economy and our experience as project transaction counsel for developing energy technology concerns. We have been, and continue to be, at the forefront of providing innovative solutions for clean technology and renewable energy projects.”

As project transactional counsel, Brownstein, under the direction and supervision of DOE’s counsel, will advise DOE on every aspect of its loan guarantee program on assigned projects. The firm will be responsible for providing legal counsel in all stages of the process from reviewing applications and performing due diligence to negotiating project document and executing closings. Projects will include those related to renewable energy projects, advanced fossil energy technology, hydrogen fuel cell technology, advanced nuclear energy facilities, carbon capture and sequestration, and efficient electrical generation, transmission and distribution technologies.

Brownstein’s renewable energy practice is led by Mr. Herrick, who teaches "Renewable Energy Project Finance" in the DU law graduate program and is former chief counsel for the DOE’s Golden, Colo. office. Mr. Herrick's practice group includes key shareholders in the firm’s natural resources and corporate and business groups. The cross-disciplinary group combines decades of traditional energy sector experience with an understanding of the complex business, finance and regulatory environment facing renewable energy and clean technology projects.

DOE’s Loan Guarantee Program, authorized by Title XVII of the Energy Policy Act of 2005, aims to facilitate early commercial use of new or significantly improved technologies in energy related projects. Loan guarantees issued by DOE will be backed by the full faith and credit of the United States.

Colorado: "The Hub of the New Energy Economy"

The state of Colorado is at the center of the so-called "new energy economy" according to a senior U.S. Department of Energy (DOE) official.

The combination of federal efforts -- being undertaken at the U.S. Department of Energy regional office in Colorado as well as at the National Renewable Energy Laboratory (NREL) located near Denver -- and state efforts, including an aggressive renewable electricity standard, illustrate Colorado's key role in moving the country towards a new energy future, Jeff Baker, director of the Office of Laboratory Operations in the Golden field office of the DOE said earlier this week.

Mr. Baker was one of the two featured speakers at "Mapping a New Energy Strategy for the West," sponsored by the Denver law firm of Brownstein Hyatt Farber Schreck. The other featured speaker was Robert Noun, director of external affairs at NREL and the lead adjunct professor for a "one of its kind" new course "Renewable Energy in the 21st Century: Policy, Law, Markets, Technology" that will be offered at DU in the spring 2010 semester.

According to Mr. Baker, there are four elements of the clean energy economy:

• Clean energy (renewables)
• Energy efficiency
• Environmentally-friendly production methods
• Conservation and pollution management

Among other eye-catching points made by Mr. Baker:

• The clean energy economy is growing at 30 percent a year
• Wind provided 40 percent of all new U.S. electricity capacity installed in 2008
• In the last three years, venture capitalists have invested $13 billion in the new energy economy
• The economic stimulus bill, enacted earlier this year, includes nearly $85 billion aimed at the new energy economy

Mr. Noun, a lawyer by training and considered by many to be the foremost expert on renewable energy and energy efficiency policy in the U.S., said one of the challenges NREL now faces is "getting to speed and scale quickly. This is a national challenge." He noted that President Barack Obama has committed to doubling the amount of renewable electricity in the next three years.

NREL's role in the new energy economy includes conducting basic research, fostering the renewable energy industry in the U.S., and commercializing the technology that is being developed in the laboratory. "We are focused on commercializing and deploying our research. We are trying to be more entrepreneurial," Mr. Noun said, noting the many public-private partnerships that NREL is currently undertaking.

Moreover, he pointed out that NREL will sponsor the "22nd NREL Industry Growth Forum," Nov. 3-5 in Denver, where key actors in the clean energy development, generation, and investment communities meet and exchange ideas. According to NREL, the conference "is the premiere clean energy investment forum not only because of the caliber of investors and entrepreneurial companies it attracts, but also due to its unique format and window on the energy future."

More than 250 of the state's leaders attended the "Mapping a New Energy Strategy" event -- representing federal, state and local governments, the finance industry, law firms, renewable energy developers and others -- a clear indication of Colorado's leadership role.

What does this mean in a larger perspective?

First, the Denver area and Colorado more generally are "the" places to be for those interested in pursuing new energy economy opportunities.

Second, the DU College of Law is reaching out to new energy economy firms and leaders in order to bring the best and brightest of this sector into our courses and programs. As part of this, the law school offers courses in "Renewable Energy Project Finance," taught by adjunct professor John Herrick, a lawyer with Brownstein Hyatt Farber Schreck and an expert in the topic, as well as the NREL-related course mentioned above. Students in these classes will learn from the premier leaders in this important new field.

Third, the opportunities -- as well as challenges -- in front of the U.S. and the world are enormous. But they also reflect the chance for individuals who are curious and persistent to get in on the very front end of this new wave.

Colorado has always been an energy state -- first it was coal, and then gas and oil, and today it is renewable energy. Put another way, tomorrow's energy future is being worked on today in Colorado.

Global Energy Consumption to Increase 44 Percent Between 2006 and 2030

Global energy consumption will grow by 44 percent between 2006 and 2030 according to the International Energy Outlook 2009.

The report, released last week by the U.S. Energy Information Administration, projects that during this period the growth in energy consumption will be driven largely by the economies of developing nations.

Total world energy use in 2006 was 472 quadrillion British thermal units (Btu).  In 2015 the number will rise to 552 quadrillion Btu and in 2030 it is projected to be 678 quadrillion Btu.

World oil prices are also expected to increase throughout this period.  The report says oil will be $110 per barrel in 2015 (in real 2007 dollars) before rising to $130 per barrel in 2030.  Looked at another way, total petroleum and other liquefied fuels, which were being consumed at a rate of 85 million barrels per day in 2006, will increase to 107 million barrels per day in 2030.  About one-third of the 22 million barrels per day increase will come from OPEC countries while another 3.4 million barrels per day will come from non-OPEC countries.  The balance of the increase will come from unconventional resources such as biofuels, gas-to-liquids, and oil sands.

Other highlights from the report:

"Renewable energy is the fastest-growing source of world electricity generation...From 2006 to 2030, world renewable energy use for electricity generation grows by an average of 2.9 percent per year, and the renewable share of world electricity generation increases from 19 percent in 2006 to 21 percent in 2030.  Hydropower and wind power are the major sources of incremental renewable electricity supply."

"In [the report], which does not [take account of] specific policies to limit greenhouse gas emissions, energy-related carbon dioxide emissions are projected to rise from 29.1 billion metric tons in 2005 to 40.4 billion metric tons in 2030 -- an increase of 39 percent.  With strong economic growth and continued heavy reliance on fossil fuels expected, much of the increase in carbon dioxide emissions is projected to occur among the developing nations of the world, especially in Asia."

China Set to Spend $400 Billion on Renewables?

An official from China's National Energy Administration says the country may spend more than $400 billion on renewable energy projects between now and 2020.

According to a draft proposal -- that still needs approval by the country's influential National Development and Reform Commission -- more than $130 billion is earmarked for wind projects, nearly $20 billion for solar projects, and $30 billion for biomass, the BNA International Environment Daily has reported ("Chinese Draft Plan Calls for $440 Billion in Spending on Renewable Energy by 2020," May 18, 2009).

China's rapid economic development has been undertaken at the expense of the environment.  Government officials are not under any illusions that this can be sustained, but they chaff at calls from western governments to improve China's energy generation mix (i.e., reduce greenhouse gas emissions) with the response that no one put any limits on western energy use in the 1800s and 1900s.

Two New Courses Announced for 2009-2010

The Environmental and Natural Resources Law & Policy Graduate Program (ENRGP) has just announced two new courses:  

• "Community Relations in Natural Resource Development Projects" and 
• "Renewable Energy for the 21st Century: Policy, Law, Technology Markets."
  

The Community Relations course will focus on the key issues of how natural resources development projects can be undertaken in the context of relations with the local communities where the developments reside.  There is a rapidly growing concern in many circles that natural resource development projects should not be started without a firm understanding of how community relations will be managed.  The course will be taught by two globally recognized community relations experts, attorney Xennia Forno and sociologist Guillermo Manrique.  The three-credit course will be offered in a "short course" format from Aug. 10-14, 2009, in Denver.

Renewable Energy for the 21st Century will be taught by the world leading renewable energy experts at the National Renewable Energy Laboratory in Golden, Co.  Among the key issues to be considered are the current policy debates about how best to promote renewables, the role that technology plays in the integration of renewables into the national energy portfolio, and what market-related barriers exist and how to address them.  The three-credit course will be offered in the spring 2010 semester.

Both courses are open to DU JD, LLM, and MRLS students.  Other (non-DU) law and graduate students are also welcome.  The tuition will be about $3,000 for each course. 

Major Energy-Related Legislation Introduced in U.S. House

The introduction yesterday of "The American Clean Energy and Security Act of 2009" marks the official beginning of Congressional consideration of issues ranging from encouraging clean energy development to establishing a cap-and-trade system for greenhouse gas emissions.

The measure establishes a particularly important starting place since it was drafted by two key members of the U.S. House of Representatives, Henry Waxman (D-Cal), chairman of the powerful House Energy and Commerce Committee, and Edward Markey (D-Mass), chairman of the Committee's Energy and Environment Subcommittee. Both congressmen are enthusiastic supporters of a cap-and-trade system.

The Act, which totals more than 600 pages, contains four titles:

• Title I: Clean Energy
• Title II: Energy Efficiency
• Title III: Reducing Global Warming Pollution Through a Cap-and-Trade System
• Title IV: Transitioning for a Clean Energy Economy

Among other things, the Act calls for:

• Retail energy suppliers to generate 25% of their electricity from renewables by 2025
• Establishment of a cap-and-trade system for electric utilities, oil companies, large industrial sources, and other entities that are responsible for 85% of the country's greenhouse gas emissions
• The cap-and-trade system will reduce the number of emissions "allowances" issued each year to meet a combined target of 20% below 2005 levels in 2020 and 42% below 2005 levels in 2030

The importance of this measure cannot be understated since it reflects the House leadership's view of how a total energy package should be implemented.

On the other hand, the House Republican leader, John Boehner (R-Ohio), was quick to describe the bill as "the Democrats' national 'cap and trade' energy tax legislation." However, the reality is that with a big Democratic majority in the House whatever the House leadership wants is likely to make its way into the final bill passed in the House. When the measure moves to the Senate, it may be tougher sledding. Stay tuned...