Denver Business Journal's "Who's Who in Energy" Includes Five With Close Ties to Denver Law

Five individuals with close ties to Denver Law have been recognized in the 2013-2014 "Who's Who in Energy" published by the Denver Business Journal. Among these five are graduates as well as current or former adjunct professors.

The publication described its Who's Who listing as "the movers and shakers in the ever-changing fast-moving energy industry..." 

Who's Who in Energy noted that Colorado ranks 10th in the country in the amount of wind-based power the state can produce, ninth in oil production, fifth in gas production, 11th in coal production, a combination of energy sources that the publication described as an "all of the above" strategy.

The five Denver Law-affiliated individuals are:

• Dan Grossman, Rocky Mountain Regional Director for the Environmental Defense Fund and Denver Law graduate
• James King, Of Counsel at BakerHostetler and Adjunct Professor at Denver Law
• Pete Maysmith, Executive Director of Conservation Colorado and graduate of Denver Law
• Tom Sansonetti, partner at Holland & Hart and former Distinguished Natural Resources Law Practitioner in Residence
• Rebecca Watson, shareholder at Wellborn Sullivan Meck & Tooley PC in Denver and former Distinguished Natural Resources Law Practitioner in Residence and Denver Law graduate

Don Smith, Director of the Environmental and Natural Resources Law Program at Denver Law, said, "The inclusion of these energy leaders in the Who's Who publication reflects not only the strength of Denver Law's natural resources program but also the types of people who are actively involved in the life of the program and the law school.  All of us at Denver Law congratulate these impressive professionals."

Changes in the Works for Colorado Oil and Gas Emission Standards

A derrick-man services an oil rig.
Photo Courtesy: NIOSH

Recently, the Colorado Air Pollution Control Division (APCD) held a ruling to discuss a new regulation proposal that aims to seriously reduced air pollution caused by oil and gas activities in Colorado. The proposed rule would cut emissions by one third. The ACPD would reduce the thresholds for acceptable emission levels and set the nation's first statewide standard for methane emissions.

The new rules are a product of negotiations between the APCD, three of the state's largest oil and gas developers (Anadarko Petroleum Corporation, Encana Corporation, and Noble Energy), along with the Environmental Defense Fund.

These negotiations came about due to increased citizen concern regarding the increasing oil and gas industry. The number of active wells in Colorado has risen nearly 50% from 2006-2011; there are more than 30,000 active wells within the state (according to the federal Energy Information Adminsitration).

The increase in oil and gas development has lead to an increase of smoggy haze, especially in areas where new well sites are concentrated. Currently, nine counties, including Rocky Mountain National Park, exceed federal ozone limits. However, current federal regulations apply primarily to new wells, in addition, they do not directly limit methane leaks, nor do they require companies to inspect well locations for leaks.

Colorado's new rules would alleviate these concerns by applying to new and existing wells as well as equipment. The rules would cover traditional petroleum and gas exploration and development, as well as hydraulic fracturing (which receives most of the negative attention).

The new rules are being praised by industry representatives as well as environmentalists. The Colorado environment will benefit from the reduction of pollution and oil and gas companies will benefit from the reduced amount of waste occurring during leaks.

There are still a few sticky issues to consider. Environmentalists have expressed concern that there are no requirements for well site inspections. Another issue, is that much of the cost burden of retro-fitting and adapting operations will be felt by smaller oil and gas companies. The rules could be finalized in February of 2014 and have an estimated cost of $30 million.

LLM Student Attends Special Institute on Renewable Electric Energy: Law, Development and Investment

Thanks to sponsorship from the Rocky Mountain Mineral Law Foundation (RMMLF), I was able to attend the Special Institute on Renewable Electric Energy in Las Vegas on November 7-8. The Special Institute brought together energy experts, investment specialists, lawyers, law students, and other professionals to examine legal, technological, and investment issues surrounding the development of renewable electrical energy sources.

Topics that were covered ranged from siting and permitting of renewable energy projects, transmission, purchase agreements for renewable power, interconnection and transmission agreements, financing, tax equity and many more. Amongst my highlights was K.K. DuVivier, professor at University of Denver’s Sturm College of Law, who spoke about how natural resources are converted into electricity, pointing out that in 2011 renewables counted for 50% of newly installed capacity worldwide.

Professor DuVivier was followed by Robert Noun, formerly working at National Renewable Energy Laboratory and currently teaching at DU. Professor Noun took a closer look at resource impacts of renewable energy projects regarding water and land use. Lastly, the presentation of Mark Safty, practice group leader for Holland & Hart’s Energy and Infrastructure Group as well as adjunct professor at DU, made for the next day’s highlight. Professor Safty reviewed the most significant terms of a Renewable Power Purchase Agreement (PPA), pointing out that revenue generated from a PPA is the most important aspect to determine financing mechanisms for a project.

On Friday I was also kindly invited by Frances Hartogh of the RMMLF, who had organized the conference, to join her and K.K. DuVivier, Mark Safty, Robert Noun and Evelyn Lim (from Chadbourne & Parke LLP and also a speaker at the conference) for lunch. I greatly enjoyed this opportunity to talk to all of them in person and hear more about their thoughts and insights on the conference topics.

In the end, I left the conference with mixed feelings: While all experts agreed that renewable energy no doubt is – and has to be – the future of energy production, there remains a lot of uncertainty in the industry regarding the federal government’s energy policy, especially when it comes to tax benefits for renewable energy projects. Money is a key player in the development of renewable energy sources and financing of projects fluctuates alongside prices and availability of fossil fuels. For example, with the recent increase in the production of cheap natural gas (in Vegas, even the buses are powered by natural gas, see picture) raising the capital for renewable energy projects, which are oftentimes extremely expensive, has become more and more of a challenge. But projects like the Ivanpah Solar Thermal Power Project outside of Las Vegas (see picture) clearly show that, particularly in the West, projects are being developed despite financing difficulties and that the field of renewable energy is a booming industry, where cutting-edge technology is invented, built and put to work an a regular basis.

Andy Liniger, 
Master of Laws in Environmental and Natural Resources Law and Policy (LLM) Candidate,
May 2014

Third Annual Carver Colloquium Presented at Denver Law: "The Colorado River Compact: Effective or Obsolete?"

"The Colorado River Compact: Effective or Obsolete?" was the subject of debate at the Third Annual Carver Colloquium held recently at Denver Law.

The Colorado River Compact, signed in 1922, involves the upper basin states of Colorado, Utah and Wyoming, and the lower basin states of Arizona, California, New Mexico and Nevada. It sets the allocation of water from the river among the seven states.

Co-sponsored by the John A. Carver, Jr., Chair at Denver Law, the Rocky Mountain Land Use Institute (RMLUI), and the Lincoln Institute of Land Policy, the Carver Colloquium explored two competing sides to the Colorado River Compact issue. Jim Lochhead, CEO and manager of Denver Water, asserted that the compact should be maintained as it now is. On the other side, Denver Law Professor Tom Romero argued that the compact is in need of revision or complete re-writing.

Professor Jan Laitos, current holder of the John A. Carver, Jr. Chair, began the evening by noting that, "The Colorado River is the lifeblood of the American southwest. This region could not have grown as it has without the Colorado River." 

Susan Daggett, director of the RMLUI, said, "Negotiated almost a century ago, the Colorado River Compact allocates water supply among many of the western states, but it may be outdated. The compact overestimated the amount of water available from the Colorado River and failed to anticipate current and future demands on the river that have been exacerbated by climate change. Jim Lochhead and Tom Romero explained why this is such a crucial issue and two different futures for the compact."

University of Denver Hosts Green Schools Summit

The U.S. Green Building Council (USGBC) presented its 7th Annual Green Schools Summit last Friday. The Environmental and Natural Resources Law and Policy Graduate Program, which is committed to promoting sustainability, was one of the proud sponsors of the event.

The Summit held sessions geared towards two types of professionals: educators and industry experts. The sessions covered a variety of topics such as Implementing Sustainability Initiatives Successfully, Behavior Change Strategies, Trends in Energy Efficiency, Achieving Intended Performance from School Buildings, and Building Sustainable Garden Programs at the District Level.

The event’s Keynote speaker was Stephen Ritz, an acclaimed TED presenter, educator, and founder of the Green Bronx Machine. Mr. Ritz has successfully implemented sustainable opportunities in schools in the Bronx, like the first indoor edible wall in NYC, which generates enough produce to feed 450 students. Follow the link to hear Mr. Ritz’ TED talk.

Assistant Director Lucy Daberkow attended the Summit. “Instilling the concept of sustainability at an early age is definitely crucial when it comes to the greening of schools. This Summit gave the attendees some excellent ideas on how to successfully implement sustainability initiatives easily and at low cost. Creating school spaces that are sustainable, energy efficient, and healthy promotes a sense of pride and ownership in students.”

Denver Law Offers "First of Its Kind" Course on Emerging Issues in Oil & Gas Development

In response to the high level of activity in the Colorado oil and gas sector and the growing need for well-trained oil and gas professionals, Denver Law has just finished a "first-of-its-kind" course entitled "Emerging Issues in Oil & Gas Development."

Co-taught by Noble Energy Lease & Contracts Advisor Jessica Richards and Denver Law Environmental & Natural Resources Law Director Don Smith, the Emerging Issues course focused on a range of key topics involving the rapid development of the industry that has resulted from the increased deployment of fracking and horizontal drilling in Colorado and the U.S. more generally.

Ms. Richards, who has Juris Doctorate and Master's in Resource Law Studies degrees from Denver Law, and Mr. Smith said the Emerging Issues course was not only timely, but also very important in terms of covering a subject matter that has garnered huge attention as the country's oil and gas production has rapidly increased.

"Colorado has received a remarkable amount of attention about these emerging issues because of the state's leadership role in regulating the oil and gas industry as well as the industry's investment in the state" they said.  "This is an attractive state for industry to point to because of their ability to successfully operate in a state that takes pride in its environment.  On the other hand, Colorado's regulations have attracted interest in environmental circles because of the example that resources can be extracted while still addressing environmental concerns."

"Our approach," they said, "was to consider the emerging issues in a fair and reasoned manner.  No one benefits from emotion-laden or careless consideration of these important issues. To be sure, the regulatory climate in Colorado continues to change to address new issues.  But consideration of those changes necessarily must be based on a good understanding of the issues at hand, and that is what we sought to develop in this course."

The objective of the two-weekend, three-credit course was to identify and then analyze the issues that represent both risks and opportunities for the $30 billion Colorado industry.  As part of the course, students learned from a "who's who" of influential actors who are playing major roles as Colorado becomes an increasingly important oil and gas area of activity and is recognized as a leader in the regulation of the industry.

The presenters were:

Willam (Bill) Brady, a Denver Law JD alum, Denver Law Adjunct Professor, and Of Counsel at Spencer Fane & Grimshaw

Cindy Jennings, Founder and President of Volition Strategies, considered the corporate social responsibility and social license to operate activities that the oil and gas industry is undertaking

Catherine Keske, a Ph.D. research economist at the University of Colorado and an Adjunct Professor at Denver Law, covered the economics-related issues dealing with the potential export of liquified natural gas to international markets

Sarah Landry, Chief Operating Officer at the Colorado Oil and Gas Association (COGA), spoke about the industry's assessment of business opportunities as well as steps it is undertaking to support a broader dialogue on oil and gas regulation

Kevin Lynch, Professor in Denver Law's Environmental Law Clinic, reviewed the Clinic's involvement representing the citizen group "Save Our Longmont"

Pete Maysmith, a Denver Law JD graduate and Director of Conservation Colorado, addressed the environmental concerns related to fracking and horizontal drilling as well as his group's advocacy of stronger regulations

David Neslin, former Director of the Colorado Oil & Gas Conservation Commission and now a partner at Davis Graham and Stubbs, explained the development of Colorado's regulatory regime over the past six years

Robert Randall, Deputy Director of the State Department of Natural Resources and one of the key players in the drafting of Colorado's 2008 fracking rules, described the state's role in oil and gas development

Craig Rasmuson, a senior executive at Synergy Resources Corporation that operates 284 producing wells in the Denver-Julesburg Basin, spoke about the "business" aspects of oil and gas development

Katerina Yared, a senior geologist for oilfield services firm Baker Hughes, discussed horizontal drilling and fracking 

The course involved a number of assignments, including student-led presentation simulations to a group of investors about the risks and opportunities associated with investing in several states.

"This course represented Denver Law's on-going commitment to educate students about the real issues of our time, with the learning aspect involving the top people in this state who are associated with the issues of regulating the sector and protecting the environment," Mr. Smith said.

Sturm College of Law 2014 Natural Resources Distinguished Practitioner in Residence Dan Domenico Recognized at Annual Dinner

Annual Dinner Hosting Dan Domenico

Colorado Solicitor General Dan Domenico has been named the 2014 Sturm College of Law Natural Resources Law Distinguished Practitioner in Residence.  In this role, he will lead a hand-picked group of students as they consider the issues and opportunities associated with a natural resources law-focused legal practice.

Mr. Domenico, a graduate of the University of Virginia School of Law, formerly served as Special Assistant to the Solicitor at the U.S. Department of the Interior. He has been Colorado's Solicitor General since 2006.

The 2014 Distinguished Practitioner in Residence was recently honored at a dinner hosted by Denver Law Professor Jan Laitos and Carrie Noonan.

The annual dinner, which includes former Distinguished Practitioners in Residence as well as members of Denver Law's Environmental and Natural Resources Law program faculty, welcomes the newest Distinguished Practitioner.  The Distinguished Practitioner in Residence is a prominent natural resources or environmental lawyer who has extensive experience in energy, resources, or environmental law work.

The Distinguished Practitioner in Residence Program is now in its 24th year.  Students in the course apply to and are selected by Professor Laitos.

Among the former Distinguished Practitioners in Residence who attended the annual dinner were:

Paula Campos

Robert D. Comer

Alan Gilbert

Howard Kenison

Thomas L. Sansonetti

Rebecca Watson