ScottishPower, Shell U.K., and National Grid Establish Consortium to Develop U.K.'s First Commercial Size Carbon Capture and Sequestration Project

Shell U.K. and Britain's National Grid company have joined ScottishPower's efforts to develop the U.K.'s first commercial-sized carbon capture and sequestration (CCS) project.

Led by ScottishPower, the three firms will submit a bid for the U.K.'s carbon capture and sequestration competition. The British government is aiming to develop four "clean" coal-fired power stations that will use the technology. CCS, which has not been proven on a commercially viable basis thus far, involves capturing carbon dioxide, compressing it, and transporting it to reservoirs underground.

The European Union, which has committed to major reductions in carbon dioxide emissions, is especially interested in the technology.

Nick Horler, ScottishPower chief executive, said, "I am delighted to welcome Shell and National Grid to the team. Both of these companies will bring specialist knowledge, expertise, and opportunities for growth in the development of this cutting edge technology...[T]he new companies represent a 'perfect fit' as we strive to reduce carbon dioxide emissions by 90 percent from the [coal-fired] power plant at Longannet in Scotland."

Graduate News From Chile

Bernardo Correa B. (LLM graduate 2003) is an attorney with the Chilean power company Colbun. Recently he wrote and said, "I have wonderful memories about Denver, DU, and the LLM program."

Bernardo was in one of the first courses I taught at DU, in the 2002-2003 academic year. He was part of a really great group of LLM students. I have very fond memories of them.

Eric Spiegel, Author of "Energy Shift: Game-Changing Options for Fueling the Future," Talks About the Future of Energy in the U.S.

Eric Spiegel, an expert in how changes in U.S. energy policy may create major new investment opportunities and a partner at the consulting firm Booz & Company, was interviewed recently about how businesses can prepare for the coming changes.

The interview with Mr. Spiegel was shown on E&ENewsPM and conducted by Monica Trauzzi. It will be well worth your time to watch the interview (although note that it was conducted on July 15, 2009, and thus may not be entirely current).

New Report Published on "Ten Insights From Europe on the European Union Emissions Trading Scheme"

Since 2005, the European Union has had in place an emissions trading scheme (ETS) aimed at reducing green house gas emissions. From that point until now, the EU has "accumulated a rich experience with designing and implementing a cap-and-trade program."

A recently published report, "Climate Change Policy and Industrial Competitiveness: Ten Insights From Europe on the EU Emissions Trading Scheme," provides insight into the ETS and "suggests key lessons relevant to current U.S. [climate change related] debates" as well as some recommendations.

The report was written by a team headed by Michael Grubb, the chief economist for the U.K.-based Carbon Trust and a highly regarded expert on emissions trading. The report was commissioned by the German Marshall Fund of the United States.

Among some of the report's observations:

• Emissions trading works: European emissions have been reduced by 120-300 million metric tons of carbon dioxide during the first phase of the ETS, according to an MIT study.


• The impact on gross domestic product is small: "Don't let concerns about macroeconomic impacts dictate the environmental targets," the report says. "Economic impacts have been consistently less than projected."


• Competitiveness impacts are limited to a relatively small group of industries: Tailored solutions to those industries that are involved in international business should be considered.


• Windfall profits may result if too many free allocations are handed out (oh what a difficult lesson the Europeans learned on this one...my comment, not the authors').


• Auctioning of allocations should be maximized.

Those interested in how the European experience might inform the debate in the U.S. should definitely read this report.

International Videocast: DU “ECT Study” Team Tele-Presents to Queensland, Australia, Environmental Court Judges

DU Law Professor George (Rock) Pring and research partner Catherine (Kitty) Pring presented a keynote address – via DU’s state-of-the-art video communications system – to the Judges of the Planning and Environment Court (PEC) in Australia’s State of Queensland, on Monday, Aug. 10, at 5:00 pm (9:00 am Tuesday for the Judges, who were 16 hours ahead). There was spirited discussion in both trans-Pacific directions, since each group could see the other in realtime on giant flatscreen tvs.

The Prings outlined the findings of the University of Denver Environmental Courts and Tribunals (ECT) Study – the first global comparative study of these fast-spreading judicial and administrative bodies specializing in resolving disputes involving environment, land use, sustainable development, and related issues. There are now over 250 ECTs in at least 37 different countries.

The invitation to keynote the PEC conference was a particular honor, since that court is a longstanding model ECT with very experienced environmental judges. (For an overview of the PEC's activities in 2007-2008, please see "District Court of Queensland Annual Report 2007-2008," page 29-30.)

PEC Judge Michael Rackemann served as the "host" of the conference session in which the Prings appeared. Judge Rackemann gave an excellent, well-attended presentation earlier this year (to see the video, please click here) to our students and faculty on the Environmental Courts of Queensland during his visit to DU. The presentation was sponsored by five student groups: the Natural Resources and Environmental Law Society, Land Use Law Society, Construction and Real Estate Law Society, Native American Law Students Association, and International Law Society. He was visiting DU as a consequence of an earlier interview the Prings had conducted with him in Australia for the ECT Study.

A unique aspect of the ECT Study is that it is being done by a multidisciplinary husband-wife team. Each brings complementary expertise to the project. Professor Pring is a noted scholar, teacher, and consultant in environmental, international, and constitutional law and a former environmental litigation attorney. Mrs. Pring is an alternative dispute resolution (ADR) expert, professional mediator and facilitator, systems analyst, and former government health and human services administrator.

According to the Prings, "The goal of the study is to produce a practical, capacity-building 'tool kit' – of models, options, issues, and best practices – to guide governments and others in establishing or reforming ECTs. The study finds 12 basic 'design decisions' are involved in creating an effective ECT." The study will be published by The Access Initiative of the World Resources Institute thinktank (TAI-WRI) in Washington, DC, in December, in free print and on-line versions.

The Prings have researched, observed, and interviewed over 150 ECT judges, prosecutors, attorneys, government officials, academics, and advocacy groups at 32 ECTs in 22 countries to provide that knowledge-base to others desiring to create or reform ECTs to improve citizen access to environmental justice. For more, see the ECT Study website.

To view a video interview (conducted in mid-April) about the study with the Prings, please click here.

"Community Expectations for Sustainable Development in Natural Resources Projects" Short Course Concludes

A thought-provoking and cutting-edge short course, "Community Expectations for Sustainable Development in Natural Resources Projects," came to a close last Friday with these conclusory comments by Luke Danielson: "One of our world's greatest needs is to integrate the idea that those who consume goods and materials need to also be concerned about the conditions under which these things are produced."

Mr. Danielson, a Gunnison attorney, principal in the Sustainable Development Strategies Group (SDSG), and widely-recognized international expert in addressing sustainable development matters in large natural resource development projects (for instance, mines, oil and gas projects, etc.) and his teaching partner Cecilia Dalupan, an attorney licensed in the Philippines and the U.S. and also a principal in SDSG, conducted the five day "short course" for a group of DU law and graduate students.

The course was organized in five components:

• Introduction: what is sustainable development in natural resources projects?
• Understanding each other: differences in culture, values, and ideas
• Sources of misunderstanding and conflict
• Incorporating communities in the decision process: managing conflict successfully
• Conclusion

Mr. Danielson and Ms. Dalupan presented a series of lectures, which provided the context for the major issues explored in the course. They also reflected on their own global experiences in dealing with the issues while encouraging students to reflect on the often vexing issues involved with natural resources development.

Among the course highlights included guest lectures from an outstanding array of leading figures such as:

• Robert Bassett, attorney with Holland & Hart (who also teaches International Mining Law in the DU graduate program)
• James F. Cress, attorney with Holme Roberts & Owen (who has also taught in the graduate program)
• Donald C. Ewigleben, executive officer of sustainability and legal affairs for mining firm AngloGold Ashanti, one of the world's leading gold producers
• Ralph Godell, attorney with Fognani & Faught
• George (Rock) Pring, DU law professor
• Don Proebstel, director of environmental affairs and sustainability for Natural Power Concepts
• Connie Rodgers, attorney with Davis Graham & Stubbs
• Jonathan Stacey, program manager for Rio-Tinto/Birdlife International Partnership
• Susan Waldau, partner with mediation firm CDR Associates

Another highlight involved student presentations that went on during the course of the week. Each student was assigned a topic to research, analyze, and then present to their colleagues. The presentations were provocative and often raised as many questions as they answered. For example, one of the presentations focused on the Chino mine closure in southwest New Mexico. Others dealt with projects that were located in Africa, South America, and elsewhere.

The week was a busy one to be sure. But from what I observed first-hand, the benefits were many both quantitatively and qualitatively.

In closing, Mr. Danielson said, "This has been just great. You as students have worked hard and really put your hearts into it." I could not have said it better.

Hiring News: LLM Graduate Kevin VanDyke Begins Work at the Federal Mine Safety and Health Review Commission

Kevin VanDyke (LLM graduate May 2008) has started work as an attorney advisor for two administrative law judges at the Federal Mine Safety and Health Review Commission in Denver.

The Commission is an independent adjudicative agency that hears cases under the U.S. Mine Safety and Health Act of 1977. The cases are primarily between the operators of mines and the U.S. Department of Labor via the Mine Safety and Health Administration.

Among his responsibilities are to draft decisions, research and write memoranda on issues that will be coming before the Commission's administrative law judges in future hearings, and analyze post-hearing briefs.

Kevin took a special interest in mining law while he was in the program, and during his studies at DU was a legal intern for Paul Schlauch and Bob Bassett -- who are adjunct professors teaching International Mining Law in the graduate program -- at Holland & Hart in Denver. I am certain that Kevin's experience working with Mr. Schlauch and Mr. Bassett, two internationally respected mining lawyers, will serve him well in his new position.

And by the way, Kevin, a native of Kansas City, Mo., is an expert on all things related to Notre Dame athletics (and pretty close to an expert on all things related to the University of Kansas!). For the record, Kevin is a graduate of Notre Dame, but had many friends who attended Kansas.