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."