LLM Student Luis Antonio La Rosa Airaldi Reports From 41st Annual ALI-ABA Environmental Law Course in Washington, D.C.

By Luis Antonio La Rosa Airaldi, 2011 LLM Candidate

On February 2-4, 2011, I attended the 41st Annual ALI-ABA Course of Environmental Law in Washington DC and I reaffirmed myself that this is a high-quality course that is really worth to attend. Before going to Washington, I read of what the course was about and I realized from many opinions and on-line information that this two full-day course has indeed enormous significance within the environmental community in the US.

I think there are several added values related to this course that I really enjoyed and I would like to mention here. For example, there is a diverse group of people who attend this conference from a professional standpoint. You can meet lawyers and other professionals from private law firms, federal agencies, public institutions, and private companies from several jurisdictions. Actually, even though this is primarily a law course, participants are not necessarily lawyers and, in my opinion, this fact makes the course more interesting.

The conference brings together people from the Environmental Protection Agency, Department of the Navy, Department of Energy, Coast Guard, but also people from private companies and other entities along with a small group of law students. Thus, you can see real efforts behind the organization of this event in order to build a diverse conference experience. As a result of this diversity, the opinions, comments and questions expressed during the conference were particularly valuable. Besides, this has been a terrific networking opportunity. I took advantage of the breaks and receptions to talk and know different professionals in the field.

Most of the participants, somehow, are engaged in the practice of environmental law. However, you don’t need to be an expert in the field to take advantage of this course, since it also serves professionals new to the field, in part through the series of optional introductory lectures. Undoubtedly, another added value that deserves attention is the quality and diversity of the speakers selected for this conference. All the presentations were well-organized in terms of content and structure. The topics covered by the conference were really diverse and interesting given the current situation of the environmental arena from a domestic and international point of view. We had lectures which addressed topics such as citizen suits and the latest government enforcement initiatives, congressional and U.S. Supreme court developments, NEPA and environmental justice.

But we also had, for example, an interesting lecture from a Senior Counsel of Kraft Foods who talked about the sustainability issues at this multinational company and its current environmental policies. While there are companies with no responsibility and environmental standards which contribute to environmental degradation problems, there are companies which are committed to the continuous improvement of their environmental performance and to meeting the requirements of all applicable environmental laws and regulations. Kraft is an example of the latter.

Thus, the good work behind each one of the presentations was notorious, as well as the way the speakers focused them and the useful information they transmitted to the participants. In fact, when you show a smile after a presentation -besides the typical applause- is because you are pleased with the results and this was indeed a common and widespread attitude from the participants, including myself, of course.

Even when I am currently studying the LL.M. in Environmental and Natural Resources Law and Policy at DU, as an international student, I could not necessarily be deeply familiar with the environmental legal framework in the US. In my particular case, I think the fact of having taken the course of Natural Resources with Professor Jan Laitos (where we learned the most important US environmental statutes) was more than helpful to take more advantage of this conference.

Since the first lectures, I knew exactly what the speakers were talking about and I was familiar with most of the content of each one of the lectures. I was very happy to understand all the issues, including some of the recent holdings held by different Circuit Courts regarding the interpretation of terms in the context of environmental law. Definitely, by having this legal basis, I was able to have better approaches and clear perspectives based on the ideas and information received from the speakers. They knew how to explain and address all these environmental topics by balancing the current trends, challenges and things to improve from a technical, practical, legal and economic standpoint. I really liked the way they focused their presentations. It is important not just to analyze the language of the statutes, but to have a more realistic and practical point of view to determine whether they are efficient to regulate and resolve environmental issues given the implied complexity of the sector.

One of the topics and discussions that I liked the most were those related to the current opinions and attempts by some Congressmen who think that the EPA should not exist. There are crazy initiatives from the Congress to eliminate this important federal agency based on a global warming skepticism. These skeptic arguments doubt EPA’s capacity to work and regulate over greenhouse gases emissions under the Clean Air Act. This was a very interesting topic given the presence of some climate change "skeptics" in the Congress. Luckily, all the participants and speakers agreed that the man-induced climate change is a reality and EPA has an important role on climate change.

By attending this course, I have received from several lectures a clear summary of the most relevant environmental statutes in the US, such as the Clean Air Act, Clean Water Act, National Environmental Policy Act, Comprehensive Environmental Response, Compensation, and Liability Act – CERCLA, among others. However, the conference was much more than a helpful and well-oriented summary of these statutes. Given the importance of the environmental law for different economic activities (not only for those associated with the natural resources sector), I liked to understand how these statutes are working to deal with new problems and what is the pathway to create innovative and cost-effective solutions to environmental challenges. Indeed, economic growth which is one of the main concerns of the government comes with environmental costs. Nowadays, the economic activities, in general, cannot be thought and implemented without analyzing its environmental consequences and/or implications. This conference addressed the issues regarding this premise. Based on the foregoing, I can say that I learned, enjoyed and took advantage of this conference. I encourage students to attend this course in the coming years.

Finally, setting aside the academic part of the conference, this was my first time in Washington DC so I took advantage to visit some of the tourist places. I really liked DC and for me it is one of the nicest cities I have ever known in the US. I walked the National Mall from the Lincoln Memorial to the Capitol, as well as many of its downtown streets and avenues. Of course, I went to 1600 Pennsylvania Avenue where the White House is located. This is may be the most famous address in the US. While DC has a very cold winter, I was lucky because I had two sunny days which made my walk more enjoyable …

Justice Brian Preston, Chief Judge of New South Wale's Pioneering "Land and Environment Court," Speaks to Students, Faculty, and Others

Justice Brian Preston, Chief Judge of the Land and Environment Court of New South Wales, Australia, spoke at the University of Denver Sturm College of Law last Friday about the operation and the benefits of a specialized court whose jurisdiction is all matters having to do with environmental law.

"It is a one-stop shop where you can bring all aspects of environmental law,” Justice Preston stated. The court on which he sits is 30 years old, created by statute and operating on the state level in Australia’s federal system. Most environmental disputes in his country, Justice Preston related, are matters of state law. Judges on the Land and Environment Court (LEC) are experts in environmental law, and they are assisted by commissioners, technically able in the complicated matters that come before an environment court.

“Access to justice is of critical importance,” said Justice Preston. Consequently, the LEC has adopted a policy of open standing, permitting any person to bring a case. Asked whether any downside exists to open standing, the Justice adamantly stated, “Absolutely not. There has been no flood of litigation. And you don’t need standing requirements to get rid of cases that amount to no more than rubbish.”

The LEC, he reported, is able to dispose of cases efficiently, with many cases handled in 30 days and nearly all disposed of within one year. Another advantage to the Land and Environment Court, according to Justice Preston, is the nature of environmental issues. “They are polycentric,” he said, involving legal issues and also social, political, economic, and scientific questions.

Justice Preston has advocated for and assisted in the formation of environmental courts in other parts of Australia and in other nations. He related that India is the country most recently that has created an environmental court, passed through a national tribunal act.

Don Smith, Director of the Environmental and Natural Resources Law program, said, "The Sturm College of Law was honored to host Justice Preston. Those attending Justice Preston's presentation benefited from his observations about the LEC, which is widely regarded as one of the leading courts of its kind in the world.

"Professor George (Rock) Pring played a key role in bringing Justice Preston to the Sturm College of Law. Professor Pring has co authored, along with his wife Catherine (Kitty) Pring, a landmark book, Greening Justice: Creating and Improving Environmental Courts and Tribunals. During their work on that book, the Prings became acquaitned with Justice Preston. Students attending the Sturm College of Law benefit greatly from these types of cutting-edge presentations, and all of us are greatly indebted to Justice Preston and Professor Pring for last week's event."

Bienvenidos a la Sturm Facultad de Derecho: Latino LLM Students Featured in Monday Event Speaking About Practicing Law in Chile and Peru

One element that makes the University of Denver Sturm College of Law Environmental and Natural Resources Law (ENRL) LLM Program so strong is the geographic diversity of our students. In recent years, up to 40 percent of the students in the program have come from outside the United States, according to Lucy Daberkow, Associate Administrative Director for the ENRL graduate program.

This level of diversity benefits all students at the College of Law, irrespective of what degree they are seeking (JD, LLM, Masters in Resource Law Studies, Certificate in ENRL). Having this level of diversity enriches many courses as well as life at the College of Law in general, Ms. Daberkow says.

On Monday, February 21, part of this diversity will be featured as three LLM students from Latin America -- Carla Araya Pizarro from Chile and Luis Antonio La Rosa and Rocio Urbina, both from Peru, speak in Spanish to the Spanish Students Law Association as part of Latin America Week at the College of Law.

The event will be held from 12 noon to 1 p.m. in room 170.

Ms. Daberkow, a native of Mexico herself and bi-lingual and bi-cultural, said, "The ENRL graduate program has always focused on recruiting international students. One geographical area that we have focused on is Latin America, since students there are often interested in the broad range of natural resources and environmental courses we offer.

"At the College of Law we believe the future for many natural resources and environmental professionals will include work in a person's home country as well as internationally. That is why we remain committed to recruiting students from all over the world. This commitment is part of the College of Law's Strategic Plan, which was approved by the faculty last year," Ms. Daberkow said.

The College of Law has LLM graduates working across the entire Latin American continent including Argentina, Brazil, Chile, Columbia, Ecuador, Peru, Venezuela, as well as the North American countries of Canada, Mexico, and the U.S.

The Federal Budget and Funding for Renewable Energy and Energy Efficiency Projects: The View From Capital Hill

A timely and fascinating overview of the federal budgeting process as it relates to funding for renewable energy and energy efficiency was provided yesterday at the University of Denver Sturm College of Law by Drew Willison, Vice President, Public Policy and External Relations for Battelle, which operates the National Renewable Energy Laboratory (NREL) located near Denver.

Mr. Willison was a guest lecturer in Adjunct Professor Robert J. Noun's "Renewable Energy for the 21st Century: Policy, Law, Markets, Technology" course at the College of Law. Mr. Noun is NREL's Executive Director of Communications and External Affairs.

Mr. Willison, who has a masters in public administration and a JD degree, formerly worked for U.S. Senate Majority Leader Harry Reid. He provided an insightful look at the "competing" budget proposals authored by President Barrack Obama, on one hand, and the Republican leadership headed by Speaker John Boehner in the U.S. House of Representatives on the other. He explained the budget calendar, as well as why the U.S. Congress is dealing with the current fiscal year's budget this week (measures are being voted on today in an unusual Friday session for the U.S. House).

In particular, he focused on the proposed budgets for the U.S. Department of Energy, which funds energy efficiency and renewable energy efforts, as well as the appropriations process that actually provides money for measures that have been through the budget process. He noted that the President's fiscal year 2012 budget, which will begin on October 1, provides a five percent increase from the fiscal year 2010 current appropriation. However, he explained that all of this funding will be subject to intense review and debate in a "divided government" where the Democrats control the presidency and the U.S. Senate while the Republicans control the U.S. House of Representatives.

Don Smith, Director of the Environmental and Natural Resources Law Program, described the presentation as both illuminating and informative. "Students in Adjunct Professor Noun's course benefited enormously from Mr. Willison's presentation. Regardless what one may think of the competing budget proposals, there is great value in understanding the process and the key points of decision-making in the process. Mr. Willison's description of the process and its implications, both short and long term, will benefit all of the students irrespective of their final careers.

"It is noteworthy that through his course, Mr. Noun continues to introduce students to cutting edge policy and technology-related discussions. The College of Law is extremely fortunate to benefit from the experience and insight of individuals such as Bob Noun and Drew Willison. DU's ambition is to be the finest U.S. law school for learning about renewable energy, and through the efforts of Mr. Noun and individuals such as Mr. Willison we are meeting that objective," Mr. Smith said.

Editor's Note: In the picture above, Drew Willison is on the far left and Bob Noun is on the far right. Several Mr. Noun's students are also pictured.

DU to Host 2011 Rocky Mountain Sustainability Summit: Law Professor K.K. DuVivier Forms Panel of Experts to Consider "Urban Eating"

The University of Denver will host the 2011 Rocky Mountain Sustainability Summit at the DU campus on February 17 and 18, 2011.

Sturm College of Law Professor K.K. DuVivier coordinated a panel of DU experts who will discuss “Urban Eating,” improving communities through more sustainable ways of obtaining food. The Urban Eating session will be in Driscoll 1880 from 2:35 to 3:45 p.m. on Friday. Summaries of each session can be accessed by clicking here.

Professor DuVivier, who teaches Energy Law, will provide a framework describing the role of energy in the production and consumption of food. DU Professor David Ciepley will discuss his experiences establishing a student garden on the DU campus. Erin Hough, a 4th year DU undergraduate student will discuss her efforts to bring more sustainable food to the DU campus. Law student Jeffrey John enlisted JD Sawyer, an expert in aquaponics, to talk to those attending the session. Mr. John will discuss the new College of Law student group FARM’s efforts to promote urban gleaning, edible urban landscapes, and other urban agricultural issues.

Sturm College of Law Professor and Associate Dean of Academic Affairs Federico Cheever, was one of the founders of the university-wide Sustainability Council at DU, and he served as its first chair.

Don C. Smith, Director of the Environmental and Natural Resources Law Program said, "Studying and researching the law and policy implications of sustainability is a growing field. We are fortunate at the College of Law to having two of the leading voices in this field -- Professors Cheever and DuVivier -- who have contributed a great deal to our understanding of the issues, both at a local level and in a wider perspective."

Justice Brian Preston, Chief Judge of the Land and Environment Court in New South Wales, Australia, to Speak at Sturm College of Law on February 18

Justice Brian Preston, Chief Judge of the Land and Environment Court in New South Wales, Australia, will speak on February 18 at the University of Denver Sturm College of Law in room 125 from 12 noon to 1 p.m.

This “specialist court” is about 20 years old and is recognized as an innovative model for tribunals handling cases in environmental jurisprudence. A public interest legal centre in Sydney has written that, “A key theme to the reforms that created the Court was the right of the general public to participate in the process of environmental planning. One of the great strengths of the Land and Environment Court is its powers to grant civil remedies such as injunctions and declarations in response to breaches of environmental laws. This has enabled public interest litigants to protect the environment by bringing such matters before the Court.”

Don C. Smith, Director of the Environmental and Natural Resources Law Program, said, "We are delighted that Justice Preston will be visiting the Sturm College of Law. Justice Preston has helped develop similar judicial forums throughout Australia and in Asian nations. His remarks will provide the opportunity to compare what his court is doing with U.S. courts, where generalist judges are tasked with handling cases involving complex environmental questions."

Lunch will be provided.

Bruce Kirchhoff, Vice President and General Counsel of Mining Royalties Firm Royal Gold, Inc., Speaks to DU Students

Bruce Kirchhoff, Vice President and General Counsel of Royal Gold, Inc., spoke recently to students at the University of Denver Sturm College of Law about the business of buying and managing mining royalties involving precious metals.

Royal Gold owns and manages nearly 200 producing, development, evaluation and exploration stage royalties. The royalties are located all around the globe including in Argentina, Canada, Chile, Mexico, Russia, and the U.S.

He explained how Royal Gold acquires royalties from a range of interests including prospectors, junior mining companies, and in some instances major mining firms. He also noted that in a growing number of situations mining companies are seeking financing from firms such as Royal Gold.

A key step before any royalty is acquired, he said, is to perform careful due diligence about the royalty including examining the royalty's title as well as whether the mine -- if the royalty is attached to a producing asset -- has the proper operating permits in place.

Since Royal Gold is a public company, Mr. Kirchhoff is also centrally involved in making sure the firm's public filings are in place. In this regard, he noted that much of time in recent months has been spent complying with the Dodd-Frank Act, a federal statute enacted last summer that is aimed at corporate governance.

Don Smith, Director of the Environmental and Natural Resources Law Program, said, "Bruce Kirchhoff's presentation reflected the observations of a widely respected practitioner who has enormous experience in this field. This event represented a wonderful way for students to learn about the professionalism of a general counsel who is intimately involved in the mining sector. The fact that Mr. Kirchhoff is a graduate from the College of Law made the day all the more meaningful."

Editor's note: In the picture, Mr. Kirchhoff is second from the left. Professor K.K. DuVivier, who teaching Mining Law, is second from the right. Don Smith is on the left.