Denver Law Environmental Program Director Don Smith Presents Lecture at Metro State College of Denver

Don Smith, Denver Law Lecturer and Director of the Environmental and Natural Resources Law (ENRL) program, recently presented a lecture comparing the legal systems of the European Union and United States at Metro State College of Denver.

Professor Susana Vela, who teaches American Government at Metro State, kindly extended the invitation to Professor Smith as part of her curriculum on comparative legal systems.

Professor Smith said, "There are three major economic powers in today's world: China, the EU, and the US. Understanding how the EU works can be useful in many ways to students who study about the US." In particular, he said the EU system of governance provides students a "unique and innovative model" by which to judge other governance systems.

The EU is the successor to the European Economic Community, which was founded in 1957. The EU governs most European issues related to matters such as trade in goods and services, free movement of people, and environmental issues. The EU has 27 members, which are located in western and central Europe.

ENRL Associate Administrative Director Lucy Daberkow was a special guest as well. "Strenghtening the ties between Metro State and Denver Law is a key element in our efforts to recruit top-notch candidates locally," Ms. Daberkow said. "We look forward to a continued collaboration with our colleagues at Metro State College."

Mr. Smith said, "I greatly appreciated Professor Vela's offer to speak to her class. I hope this is the first of many cooperative ventures between Denver Law and Metro State."

Editor's note: Photos (from top): Lucy Daberkow, Don Smith, Susana Vela; Don Smith; Susana Vela, Don Smith.

Denver Law Environmental Moot Court Team Finishes Tied for Second in National Competition

The Denver Law National Environmental Moot Court Team excelled at the 24th annual competition held at Pace University in New York.

Out of a 77 team field, the DU team, comprised of Jenni Barnes, Jill Kysor, and Justine Shepherd, and coached by Professor Kevin Lynch, advanced to the final round and finished tied for second overall.

Moreover, Ms. Kysor and Ms. Shepherd each were recognized as the “best oralist” in one of the three preliminary rounds.

Professor Lynch said, “Our team put in a lot of long hours preparing for this competition, but all that hard work paid off. Not only did they represent DU admirably, but they also had a lot of fun at the competition. I was very proud to be there with them.”

Editor's note: In the photo from left to right Professor Lynch, Jill Kysor, Justine Shepherd, and Jenni Barnes.

Victory Against Logging

Professor Michael Harris, Director of the Environmental Law Clinic, said that stopping a permitted timber project in Colorado is extremely rare. However, his third-year law students, Mason Brown and Justine Shepherd, won that rare victory against the timber industry.

The pair argued against the U.S. Forest Services’ permit to allow 3,400 acres of logging on environmentally fragile lands in the Rio Grande National Forest. In the past decades, the area was previously damaged by logging and is now suffering from beetle infestation. Also, the permits would have allowed for the construction of 11 miles of roads throughout the forested area.

In 2009, the case originated when the forest service approved the sale of the land for logging purposes. Colorado Wild, a non-profit organization now called Rocky Mountain Wild, sought the help of the University of Denver Sturm College of Law Environmental Law Clinic. On behalf of Colorado Wild and WildEarth Guardians, former students, Jacob Schlesinger and Ashley Wilmes who have recently graduated and worked under the direction of Professor Michael Harris, prepared and filed the suit in Denver’s federal court. In November 2011, U.S. District Judge William Martinez requested oral arguments in an administrative procedure.

On February 9th, 2012, U.S. District Judge WIlliam Martinez ruled that the U.S. Forest Service had violated the National Forest Management Act and that an Environmental Assessment was inadequate. The ruling overturns issued permits for the Handkerchief Mesa area, near Alamosa in the southwestern corner of the state.

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.

Professor K.K. DuVivier Supports Colorado HB 1105, Which Establishes a Nonseverable Wind Energy Right in Real Property

Colorado House Bill 1105 recently cleared the House Agriculture Committee. It would establish "a nonseverable wind energy right in real property."

Creating nonseverable rights wouldn’t stop wind development. It would only require a separate “wind energy agreement,” that would have to be recorded with the county clerk.

Professor K.K. DuVivier, testified on behalf of the bill. She is knowledgeable about the topic and has written several articles concerning the matter such as, “Animal, Vegetable, Mineral - Wind? The Severed Wind Power Rights Conundrum.” Click here to access some of her articles.

An article published by the "Colorado News Agency" recalls that she said that only six states have passed laws that prohibit the splitting of wind and surface rights. Texas, a state that has not, produces far more wind energy than any other state and the severed rights have caused many problems for those owning the land, she said.

Professor K.K. DuVivier urged lawmakers to keep the wind rights in the surface estate. She noted that wind farms require long-term and extensive use not only of the surface land but of the area immediately above and below it for transmission, distribution, and collection lines. “Without legislative guidance, courts logically turn to precedents defining the status of other resources, such as oil or water,” she wrote in an article for the Washburn Law Journal. “Yet, defaulting to traditional models is unlikely to encourage the best development of our country's wind resources.”

Professor K.K. DuVivier was interviewed on Colorado Public Radio about the topic.

Fall 2012-Spring 2013 University of Denver Water Law Review Board Announced

The University of Denver Water Law Review has announced its editorial board for Volume 16 (Fall 2012 - Spring 2013), along with its new staff members.

Members of the Volume 16 editorial board are:
• Editor-in-Chief: Allison Altaras
• Managing Editors: Greg Cowan and Liz Hutchinson
• Article Editors: Sarah Barth, Jessica Zaegel, Kelly Delaney, Jonathan Culwell, Jessica Bidgood
• Symposium Editor: Jonathan King
• Business Editor: Emily Lande
• Production Editor: Matt Watson
• Court Report Editors: Johna Varty and Joe Norris

New staff editors are:
•Danielle Contos
•Ryan Coyne
•Gerard Deffenbaugh
•Lauren Varner
•Jacob Watterson

Don C. Smith, director of the Denver Law Environmental and Natural Resources Law Program said, "The Water Law Review provides a unique, high quality forum for sharing ideas, information, legal analyses and policy analyses concerning water law issues. It is the objective of the editorial board and staff to make the Review a valuable resource for the practitioner, the scholar and the policy maker."

Two Denver Law Environmental Experts, Professor Jan G. Laitos and Dr. Anita Halvorssen, to Speak at "Rule of Law for Nature" Conference in Norway

Two Denver Law environmental and natural resources law professors will be featured in the Rule of Law for Nature program, which is being organized by the Natural Resources Law Group at the Faculty of Law, University of Oslo from May 9-11, 2012.

Professor Jan G. Laitos, John A. Carver Jr. Professor of Law, and Dr. Anita Halvorssen, Adjunct Professor of Law, will take part in the conference that marks the 40th anniversary of the adoption of the Stockholm Declaration, the 30th anniversary of the UN World Charter for Nature and the UN Convention on the Law of the Sea, the 25th anniversary of the Brundtland Report, and the 20th anniversary of both the Rio Declaration, Agenda 21, and the UNCED Conventions: the Framework Convention on Climate Change and the Convention on Biological Diversity.

Professor Laitos' lecture is entitled, "A Right of 'Non-use' for Nature." Dr. Halvorssen and her co-presenter Ottavio Quirico of the European University Institute, will address "The Impact of Environmental Corporate Responsiblity Policies on Climate Related Border Tax Adjustments."

According to the University of Oslo Faculty of Law, "This is an appropriate point in time for reflection on the legal status of nature, how environmental goods and services are valued and taken into account in decision-making, and the implications of the rule of law in this respect."

The deadline for registration is April 1, 2012. More information about the conference can be accessed by clicking here.

Editor's note: The Faculty of Law building at the University of Oslo is shown above.