Jeremy Fancher, 2009 LLM Graduate, Begins Work as Policy Analyst and In-House Counsel for International Mountain Biking Association

Jeremy Fancher, a University of Denver Sturm College of Law 2009 LLM graduate from the Environmental and Natural Resources Law & Policy program, has been hired as a policy analyst and in-house counsel by the International Mountain Bicycling Association (IMBA).

According to the IMBA, which seeks to create, enhance and preserve mountain biking experiences worldwide, Mr. Fancher will "lead the IMBA's efforts to shape national mountain bike and public lands policies by working closely with many federal partners including the National Park Service, U.S. Forest Service, Bureau of Land Management, as well as meeting with officials from state and local governments."

Mr. Fancher said, "I am thrilled to join IMBA and contribute to the legacy of developing and preserving mountain biking opportunities on public lands."

During high school Jeremy began mountain biking in the hills near Santa Barbara, California. However, his time on a bike declined while he was playing football for Azusa Pacific University. After a period of not riding, he returned to his bike after viewing the Lifetime Fitness Leadville 100 mountain biking event.

He will be based in IMBA's Boulder headquarters.

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."

"Investing in China and Southeast Asia: Ethical and Business Perspectives" Presentation in Denver Sept. 8

The Association of International Petroleum Negotiators is sponsoring a program entitled "Investing in China and Southeast Asia: Ethical and Business Perspectives" in Denver on Sept. 8.

The event, which will be held from 11.30 a.m. to 1 p.m. at Encana Oil & Gas at 370 17th Street, 40th floor, Suite 1700, in downtown Denver, will bring together presenters who have more than 60 years of combined experience in China and Southeast Asia. The presenters will include:

• Edwin Moritz, president of Gustavson Associates LLC
• Jim Higbee, director of Higbee Consulting International
• Todd Olinger, Ducker, Montgomery, Lewis & Bess PC
• Mark Semenoff, Simon Semenoff
• Bahman Paul Ebrahimi, professor at Daniels College of Business at the University of Denver

Each presenter will touch on what he has learned over his career, and speak on issues of ethics, business, engineering, oil and gas development and general investment advice for those looking to invest in China or receive support from the Chinese capital markets. Special emphasis will also be placed on the Foreign Corrupt Practices Act and how U.S.-based companies have managed FCPA compliance issues.

Students may attend for $5; non-AIPA members may attend for $10.

Judge Carlos Lucero of the U.S. Court of Appeals for the Tenth Circuit Speaks to Sturm College of Law Environmental and Natural Resources Law Students

Recently Judge Carlos Lucero, a member of the U.S. 10th Circuit Court of Appeals, spoke to a gathering of University of Denver Sturm College of Law students from the Environmental and Natural Resources Law program.

Judge Lucero spoke about his involvement with the ABA Rule of Law Initiative's Latin American and Caribbean Division, which supports legal reform efforts and judicial capacity building. He told the gathering of a meeting he had with members of the Chilean Supreme Court at which the group discussed the country's constitutional right to a clean and healthy environment alongside the concept of "absolute rights." Judge Lucero was quite impressed with the Chilean judges' consideration of how these rights are balanced and ultimately implemented.

Judge Lucero, who was appointed to the federal bench in 1995 by President Bill Clinton, also discussed his own experience with U.S. environmental law during the period when he practiced law in Alamosa, Colorado. During his years in private practice, Judge Lucero was involved with water law and public lands issues in particular.

Judge Lucero has a bachelor's degree from Adams State College and a law degree from George Washington University Law School. He served as a law clerk for former Colorado U.S. District Court Judge William E. Doyle from 1964-1965.

(Editor's note: In the top picture, Judge Lucero, far right, and Sturm College of Law Academic Dean Fred Cheever, far left, speak with 1L student John Hedges; in the middle picture, Judge Lucero speaks with Don Smith, Director of the Environmental and Natural Resources Law (ENRL) program; the bottom picture is of Judge Lucero and Lucy Daberkow, Assistant Director for the ENRL.)

U.S. Supreme Court Justice Sonia Sotomayor Visits Sturm College of Law; She Addresses High School, College, and Law Students

U.S. Supreme Court Justice Sonia Sotomayor spoke yesterday at the University of Denver Sturm College of Law. Justice Sotomayor addressed 250 high school and university students and offered her observations about working her way from a humble background to America's highest court.

The students, and others who attended the event, heard Justice Sotomayor talk about the need to work hard and the value of a good education.

Kathleen Nalty, executive director of the Colorado Campaign for Inclusive Excellence, said, "Justice Sotomayor said she didn't want to talk to lawyers, she wanted to talk to students." And that's exactly what Justice Sotomayor did. More about Justice Sotomayor's appearance can be learned by clicking here. A video feed from C-Span is available by clicking here.

The day also included remarks to a gathering of Environmental and Natural Resources Law program students by U.S. 10th Circuit Court of Appeals Judge Carlos Lucero. The blog will be reporting soon on Judge Lucero's remarks.

"The Case Against Corporate Social Responsibility:" Wall Street Journal Special Report Examines the CSR Concept

The debate about whether companies have a "corporate social responsibility" (CSR) and if so what that means has been going on for at least a decade. To date, there has been no definitive answer. It is more likely to take the form of "it depends on the circumstances and facts."

The CSR concept has been widely adopted in Europe where consumers and governments have been quick to call companies to task for failing to serve broader interests than just those of shareholders. In March 2010 the European Commission, the executive body of the European Union, made a commitment to "renew the EU strategy to promote Corporate Social Responsibility as a key element in ensuring long term employee and consumer trust." Click here to learn more about the Commission's position. However, in the U.S. the rate of acceptance has been somewhat more limited.

In any case, the case for and against CSR continues apace, and anyone involved in representing or working for businesses must be familiar with the concept and what various stakeholders think about it.

The Wall Street Journal has published (Aug. 23, 2010) a special section called "The Case Against Corporate Social Responsibility." The special section, produced in collaboration with the MITSloan Management Review, begins by saying:

"Can companies do well by doing good? Yes--sometimes. But the idea that
companies have a responsibility to act in the public interest and will
profit from doing so is fundamentally flawed."

There are obviously many reports about the value of CSR. But this one, because of its timeliness and the involvement of MITSloan Management Review, deserves a look by anyone interested in CSR.

Speakers Series Established by the Environmental and Natural Resources Law Program: First Event Features Former Interior Asst. Secretaries on Sept. 15

The Environmental and Natural Resources Law Program (ENRLP) at the University of Denver Sturm College of Law has announced establishment of a "Speaker Series" that will feature leaders in the environmental and natural resources sectors.

The Speakers Series will kick off on Sept. 15, 2010, from 12 noon to 1 p.m. in room 125 with remarks by two former Assistant Secretaries of the U.S. Interior Department, John A. Carver Jr. and Rebecca C. Watson.

Mr. Carver, an emeritus professor who taught at the College of Law from 1972 to 2005, and Ms. Watson, a DU law graduate and now a parter at the Denver-based firm of Welborn Sullivan Meck & Tooley, will allow students to hear about two different periods in the history of the Interior Department.

Mr. Carver, who also served as Undersecretary of the Interior, worked in the administrations of John F. Kennedy and Lyndon Baines Johnson. From 1966 to 1972 he was a member of the Federal Power Commission. Last year Mr. Carver and the ENRL collaborated on producing an oral history of his life. The oral history can be accessed by clicking here.

Ms. Watson served in the administration of President George W. Bush, where she worked with Interior Secretary Gale Norton, also a DU law graduate. Ms. Watson served as the Assistant General Counsel for Energy Policy in the George H. W. Bush Administration. She has been a partner and counsel in two Washington, D.C. law firms in addition to practicing in Colorado, Montana, and Wyoming. Ms. Watson will be the Sturm College of Law Distinguished Natural Resources Practitioner in Residence in 2011.

Among other things Mr. Carver and Ms. Watson will reflect on the major issues they faced during their tenures at the Department of Interior and what lessons they took away from those experiences.

"The ENRLP is delighted to be hosting Mr. Carver and Ms. Watson," Don C. Smith, ENRLP director said. "Their insights about the Department of Interior will provide students with a great deal of context and insight into the department, how it operates, and how it has changed over time. To host two former assistant secretaries is a great honor for the Sturm College of Law, and I would encourage all students to learn from these two impressive individuals."