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.

Michael Harris, Director of the Denver Law Envionmental Law Clinic, Comments on "Shingle Mountain, Colorado"

Michael Harris, Assistant Professor at Denver Law and Director of the Environmental Law Clinic, writes in a recent issue of the High Country News about "Shingle Mountain, Colorado," a 30 foot pile of old roofing shingles that is causing concern in north Denver.

In "Welcome to Shingle Mountain, Colorado," Professor Harris notes that "if properly managed, shingle recycling presents very few, if any, environmental concerns.

"But when such recycling is not properly managed, you get a situation like Shingle Mountain."

Old asphalt shingles, Professor Harris points out, are a potential fire hazard and may contain both polycyclic aromatic hydrocarbons (PAHs) and asbestos.

To read his full posting and watch a video about what action the Environmental Law Clinic is taking to remedy the mountain, please click here.

Editor's note: DU Law students Stephanie Fairbanks (left) and Eric R. Wilson (center) meet with former city council candidate Juanita Gable (right) near Shingle Mountain (in the background).

Environmental Law Clinic Efforts Associated With Coal-Fired Power Plant Legal Action Featured in Denver Newspaper

The efforts of the Environmental Law Clinic at the University of Denver Sturm College of Law in relation to a controversial coal-fired power plant in the southeast Colorado town of Lamar are featured in the latest issue of the Denver weekly newspaper Westword.

In "Black Out: Lamar Gets Steamed Over a Troubled Coal Plant -- Right in the Middle of Town," (Sept. 30-Oct. 6, 2010), Westword reports on the involvement of the Environmental Law Clinic (ELC) and WildEarth Guardians along with several Lamar citizens in the filing of a lawsuit against the plant's operators under the U.S. Clean Air Act.

ELC Director and Professor Mike Harris said, "There's always a little bit of a disconnect between what the legal claims are in a case like this and what it's about from the perspective of people living in the shadow of a coal-fired power plant. But the case is still about building a coal-fired plant in the middle of Lamar, less than a mile from five schools."

The lead student ELC attorneys who handled the case last year were Allison Vetter and Ahson Wall. This year's lead student attorneys are Myra Gottl and Todd Likman, who are scheduled to file the last of the summary judgment briefs today. Professor Harris said that all of the student attorneys have done "a wonderful job" on the case.

Environmental Law Clinic-LLM International Scholar Program Launched

The Environmental Law Clinic (ELC) at the University of Denver Sturm College of Law has extended its field of action. And it is an impressive extension to be sure.

For the past 15 years, the ELC has represented local, state, and national environmental community groups on domestic environmental issues. Beginning this fall (2009) the ELC will maintain on its docket a project of international importance.

Working closely with the LLM program in Natural Resources and Environmental Law, the ELC has created the "Environmental Law Clinic-LLM International Scholar" program to work on the international docket. Ms. Leandra Zanqueta (prospective May 2010 LLM graduate) has been selected as the inaugural scholar.

Working under the orientation and supervision of Prof. Michael Harris, Director of the ELC, Ms. Zanqueta, who is a native of Brazil, will research and write about developing legal strategies in the international sphere regarding the impacts of mega dam projects (those higher than 15 meters or more than 3 million cubic meters) in Latin America.

The construction of dams is a priority for many Latin American countries because these projects have the potential to provide the necessary energy, drinkable water, and infrastructure to support economic development. However, the implementation of some projects is resulting not only in enormous environmental impacts, but also serious human rights violations. These violations include the forced relocation of communities, and the failure to consult affected communities and allow their participation in decision-making processes. The ELC will work with the Mexico City-based Interamerican Association for Environmental Defense (AIDA) to coordinate the work on this issue.

Everyone in the LLM program wishes Ms. Zanqueta and Prof. Harris great success. Congratulations on this important new venture!

DU Environmental Law Clinic Sues Federal Government to Stop Proposed Logging in Southern Colorado

On Tuesday, the DU College of Law Environmental Law Clinic filed suit against the U.S. government in an effort to stop a proposed logging project involving southern Colorado lands situated around the headwaters of the Rio Grande river.

Under the direction of Mike Harris, Environmental Clinic Director, law student Jacob Schlesinger and clinic fellow Ashley Wilmes prepared the suit that alleges that a proposed 3,500 acre timber project in the Rio Grande National Forest near Alamosa, Colorado, will negatively impact areas already under stress from an on-going spruce budworm infestation and clear-cutting. The suit alleges that if the logging operation is allowed to go ahead, there will be continued soil damage that will harm the flow of water to the Rio Grande and have a negative impact on downstream communities.

Mr. Harris said, "The Forest Service's timber project, which amounts to an illegal 'chop the trees to save the forest' plan, will be a major setback for ongoing soil and timber recovery, which in turn will directly impact the quality of the Rio Grande."

The action was filed on behalf of two environmental groups, Colorado Wild and WildEarth Guardians.

The opportunity for students to work with nationally recognized environmental protection leaders like Mike Harris and the environmental law clinic is just one more reason that the graduate program is considered one of the best of its kind in the world.