Students Visit the National Renewable Energy Laboratory, the Nation's Primary Lab for Renewable Energy Research and Development

Energy is a specialty in the Environmental and Natural Resources Law Program at the University of Denver Sturm College of Law. We offer everything from courses on traditional hydrocarbons -- such as oil and gas -- to an entire series of courses on renewables. The graduate program -- for those seeking a Masters of Law or Masters of Resource Law Studies degrees -- even offers a special certificate for Renewable Energy.

Because of the SCOL’s emphasis on hands-on experience, many of our courses include field trips. Professor K.K. DuVivier’s "Energy Law" course, a survey seminar, and Professor Bob Noun’s "Renewable Energy for the 21st Century: Policies, Law, Technology, & Markets" course both recently visited the National Renewable Energy Laboratory (NREL) in Golden, Co., which is about 25 miles (45 kilometers) from the DU campus.

According to Prof. DuVivier, the tours of NREL are especially meaningful because of the laboratory's role as "the nation's primary laboratory for energy efficiency and renewable energy research and development. While at NREL my class was able to watch solar photovoltaic and biofuels research in progress."

DU is particularly pleased to have Mr. Noun, an attorney by training, as one of our adjunct professors. He is Executive Director of Public Affairs at NREL and one of the nation's leading experts on renewables policy.

DU Mining Law Prof. KK DuVivier Comments About Mine Safety and Economics in Wake of Upper Big Branch Mine Disaster in West Virginia

University of Denver Sturm College of Law Professor KK DuVivier said yesterday that the Massey Energy Company, which owned Upper Big Branch mine, the site of a mine disaster in West Virgina earlier this week, has had a history of mine safety violations.

Prof. DuVivier, who also referred to the Mine Improvement and New Emergency Response Act of 2006 (the MINER Act), was quoted yesterday in DailyFinance.com about the mine disaster. To read the story, please click here.

Prof. DuVivier teaches Mining Law and Energy Law at the Sturm College of Law.

KK DuVivier, Professor of Energy Law, Appears Before Rocky Mountain Chapter of Sierra Club's Energy Committee; Discusses Solar Access

Prof. KK DuVivier, professor of energy law at the University of Denver Sturm College of Law, recently spoke about the importance of protecting solar access in Denver's new zoning code at a meeting of the Rocky Mountain Chapter of the Sierra Club's Energy Committee.

The following is Prof. DuVivier's explanation of the issues related to this matter (her PowerPoint presentation can be accessed by clicking here):

The state of Colorado has almost half a billion dollars of public and private investment in distributed solar photovoltaic and solar thermal systems. Colorado Gov. Bill Ritter's Energy Office has estimated (in the December 2009 Renewable Energy Development Infrastructure (REDI) report) that 45 megawatts of distributed PV is currently being used in the state. I have made an assumption that approximately $10,000 per KW installed. Other figures from the REDI report are in slide 15 [of the attached PowerPoint presentation] and a reference to the Colorado Energy Profile is in slide 16 showing most of this distributed PV is in the city and county of Denver.

Furthermore, Xcel Energy anticipates increasing onsite PV to 260 MW in its 2010 Renewable Energy Standard Compliance Plan, which would mean Colorado will soon have $2.6 billion of investment [slide 14 shows that Xcel contributed to this by paying out more than $50.5 million in 2009 alone].

Despite all of this commitment to solar, the proposed new zoning codes for Denver provide no protection for this investment. On the spectrum of strategies for promoting solar [see slide 20], Denver is in the "cheerleading" category -- it minimizes some impediments to installing solar, but it does nothing to make sure those systems will continue to have access to the sun and be able to generate power once they are up. In other word, the current proposal allows a neighbor to build a MacMansion next door that will block your solar access and you do not even have any resource if your neighbor plants a really tall tree that blocks your panels. This is a step backward from solar bulk plane (or building plane) protections that Denver had in effect until the latest big house boom in 2003, so essentially despite its image as a progressive green city, Denver is seriously dropping the ball in this arena.

The code is in its fourth draft, and there are few limited opportunities to comment, but we have seen no appreciation of the seriousness of the issue from Denver and no willingness to tackle the issue.

Energy Law Prof. KK DuVivier Authors Op-Ed Commentary About The Need to Protect Solar Access in Denver's City Code

Prof. KK DuVivier, who teaches energy law and mining law at DU, makes a compelling case in an op-ed commentary published yesterday in The Denver Post ("Retain Solar Access in Code," Oct. 28, 2009) that the city zoning code, which is poised to be updated soon, must take into account solar access protections.

Prof. DuVivier wrote, "The proposed code is ambitious and visionary and could move Denver forward in many ways. But we must also move forward, and not back, with solar access. Only then can Denver be proud of its legacy as a model to the nation for sustainability."

She noted that despite the fact that Denver has on average 300 days a year of sunshine and is in an ideal location for solar power, a "solar bulk plane" protection was removed from the zoning code in 2003. Bearing in mind the need for more secure sources of energy and current incentive programs, "Everyone has a stake in keeping these solar panels protected from 'shade pollution,'" she wrote.

Prof. DuVivier is no stranger to energy-related issues. Before becoming a lawyer, she worked as a geologist in the uranium mining business so she understands all aspects of the often complicated area of energy policy. Students who come to DU benefit from professors like KK DuVivier who understand the past and are looking to the future. Check her op-ed out. I think you will agree.

House of DU Law Professor KK DuVivier Featured October 3 on Colorado Renewable Energy Society Solar Home Tour

The Colorado Renewable Energy Society (CRES) Solar Home Tour on Oct. 3 will feature the house of DU Law Prof. KK DuVivier and her husband Lance Wright. The house (the building details can be seen by clicking here) was designed to meet the very strict standards of the Passive House Institute U.S. (PHIUS). If it passes the final energy inspections, it will be among the first officially certified “passive houses” in the United States.

According to Prof. DuVivier,

"The PHIUS was established in January of 2008 in Champaign-Urbana, Illinois to promote the European building technique called 'Passiv Haus.' Passive House standards go way beyond the well known passive solar gain techniques of the United States. Their combination of super-insulation (R-40 walls and R-70 ceilings), energy efficient heat recovery ventilation, minimization of thermal bridging, passive solar heat gain, and the careful utilization of highly efficient windows and doors produces a house that is more than the sum of its parts. The typical European Passive House is heated through a combination of: passive solar gain, waste heat from appliances and people, and supplemental heat from devices that use about as much energy as a hand-held hair dryer."

Building a green house was a natural fit for the couple. Lance majored in forestry and began his career as a ranger with the U.S. Forest Service. Later he was involved in politics and served as a member of the Parker, Colorado, City Council. In 2002, he ran for a seat in the U.S. Congress. While he was not successful, his campaign raised the issue of the link between U.S. national security and its energy policies, an idea that has now been adopted nearly everywhere in American politics.

Prof. DuVivier also has had a long-time interest in energy-related issues. She began her career as a geologist for a French uranium exploration company before she attended law school. Today she teaches Energy Law (and Mining Law as well) and writes about renewable energy and energy efficiency.

CRES has sponsored the Denver Tour since 1996. According to CRES, the tour showcases "the latest and greatest in energy efficiency, renewable energy, and sustainable green building practices." Among the sponsors is the National Renewable Energy Laboratory, which is located in Golden, Colorado, about 25 minutes from the DU campus.

Those interested in seeing Prof. DuVivier's house (and the other houses) can click here to register. I have visited her house several times and it is indeed impressive. Individuals interested in seeing what future homes will look like -- including an electricity meter that often runs backwards meaning that the house is generating electricity that is being returned to the grid! -- should not miss this opportunity. Seldom do we get to see today what tomorrow will look like.