Greening Justice, New Report on Global Environmental Courts and Tribunals, Featured Today on Australian Broadcasting Corp. On-Line News Service

Greening Justice, the new report about environmental courts and tribunals (ECT) co-authored by University of Denver Law Professor George (Rock) Pring, is attracting growing attention across the globe including in today's Australian Broadcasting Corporation on-line news service.

The ground-breaking report (the full-text is available by clicking here) analyzes environmental courts and tribunals across the world and offers a list of "best practices" associated with those courts and tribunals. Prof. Pring's co-author is his wife Catherine (Kitty) Pring, a specialist in alternative dispute resolution and a professional mediator. Working as a team, the Prings' report is based on 150 interviews undertaken over two years.

The report was commissioned by the Access Initiative, one of the world's largest civil society networks focusing on "ensuring that communities have a voice in decisions concerning their natural resources."

The ABC story noted that, "Australian environmental courts were particularly praised by the Prings because they use innovative methods such as mediation and arbitration to resolve disputes."

To read the full-text of the story please click here. The website associated with the ECT study can be accessed by clicking here.

May 2010 University of Denver Law Student Frank Bingham Provides Inspiring Words in Commencement Remarks to Graduates

Saturday was a joyful and fulfilling day for the graduates of the Environmental and Natural Resources Law & Policy Graduate Program. The recognition of a job well done by these graduates was celebrated in a happy event shared by parents, spouses, significant others, children, friends and the entire University of Denver community. Over the coming days, the blog will post various pictures from the day's events.

However before sharing some of those moments, it is well worth reflecting on the story of Frank Bingham, a 2010 juris doctor graduate (who also has a Ph.D. in Education) who has taken several environmental and natural resources courses and who was chosen by the class of 2010 to speak at commencement (click here to see a video of Dr. Bingham's remarks). During those courses, I got to know Frank. In brief, Frank Bingham is one of the most remarkable persons I have ever met. And I am confident the same feeling is held by all those who know Frank.

In November 2006, first semester law student Frank Bingham, his wife and two small children were walking in downtown Denver. They were hit by a drunk driver. Frank was the only one of the four who survived. And consequently, despite the overwhelming joy of graduation day 2010, in many respects Frank was alone. And yet, at the same time he wasn't. Nearly three and a half years after that fateful day there was Frank -- on the stage before about 6,000 people -- talking about his life, his struggles, and his hope for the future.

Frank's message was one of looking to the future, yet living in the present. He was not bitter. He was not defeated. His words were an inspiration to anyone who has suffered a setback, a tragedy, a loss of confidence.

Before Frank said one word, the entire audience rose in unison to recognize this brave and wise man. During his speech, those attending the graduation ceremony paid rapt attention. Afterwards, he was warmly greeted again with prolonged and heartfelt applause.

No one could pretend for a moment to suggest that he or she really understands Frank's losses. But I can say without equivocation that all of us have a great deal to learn from the grace, the dignity, the courage of Frank Bingham.

It has been my privilege to get acquainted with Frank. When it comes to matters of life (and in this case death), Frank has been the teacher and I the student. It is difficult to fully express my admiration for this kind man, this strong human being, this exemplar of success in the shadow of tragedy.

May Frank's road ahead be filled with happiness and fulfillment. And may those of us who know and love Frank learn every day from his example.

Godspeed Frank Bingham. May the sun always shine on you, those you love, and your destiny as one our society's greatest examples of courage, tenacity, and hope.

Graduate Program Students Glauce Santesso Coelho and Matt Wagner Honored at University of Denver Sturm College of Law Awards Ceremony

Earning a graduate degree is no easy task under any circumstances. But earning a graduate degree as well as finishing first in your program in terms of grade point average is an especially impressive achievement.

Today at an all school honors award ceremony, two of our program's students were recognized for finishing first among their peers in terms of grade point average within their respective programs.

Glauce Santesso Coelho, a native of Brazil, was recognized as the LLM student who earned the highest grade point average. Matt Wagner (with me in the first picture), most recently of Washington, D.C., earned the award as the Master's of Resource Law Studies top grade earner. It was my pleasure to present these two awards.

For a graduate program, there can be no finer sense of achievement than to watch the development of students as they gain knowledge and a greater confidence in their field of study. This was certainly the case with Ms. Coelho and Mr. Wagner, both of whom I met early in their studies here and talked with regularly.

To be sure, their paths to DU were different. Ms. Coelho is a Brazilian attorney, who has worked for some of the finest firms in the country. Mr. Wagner came to DU with a degree in journalism and an accomplished career in government relations. They both worked hard, took their studies seriously, and had a range of experiences while they were at DU. Each in his or her own way will make significant contributions in their future professional careers. Moreover, their sense of fairness and curiosity will serve them well.

The event also highlighted the interconnections that all of us who are involved with this program share as members of a fairly close-knit community. I was reminded of this when Cristiana Hess (in the second picture, which is from graduation day, on the right), wife of December 2009 graduate Tuukka Hess, joined Ms. Coelho (on the left) at the ceremony. Their link? They are both from Brazil (although they actually met in Denver)! It constantly amazes me how our community includes so many fine individuals who are sometimes linked in the most unusual ways.

Parabéns to Ms. Coelho and congratulations to Mr. Wagner. Each of you has much to be proud of.

--Don Smith

Looking Back on the Life and Career of Prof. Erik B. Bluemel, 1977-2009

Just over one year ago, the University of Denver Sturm College of Law lost a colleague and friend, Prof. Erik Bluemel. Some of you may have had Prof. Bluemel in class. He was on the way to becoming an influential American environmental law professor, an observation reflected by the fact that he had published 15 scholarly papers in less than 10 years. His death was an enormous loss to his family and to the entire DU community.

Prof. Justin Marceau, who also teaches at the College of Law, was a one of Erik's closest friends. Last year Prof. Marceau wrote a moving and insightful tribute to Erik Bluemel. You can access it by clicking here.

In the wake of Prof. Bluemel's death the College of Law has established the Erik B. Bluemel International Environmental Law Scholar, a position that focuses on international environmental law and human rights.

In our hectic day-to-day lives, we often pay too little attention to the fragility of life and to the commitment and enthusiasm of those with whom we spend much of our time. In Erik Bluemel we remember a young man who was curious, industrious, and a citizen of the world. Not a bad legacy. Not a bad legacy at all.

--Don C. Smith

The Past and Future of America's High Plains? Wind Power Begins to Take Hold (Again) in Kansas

Trying to predict the future is, of course, not an easy task. Times change. Technology changes. People change.

But recently as I traveled across my home state of Kansas I was struck by the picture at the left. In the foreground is an "old fashioned" windmill, the type that has dotted America's High Plains for decades. These windmills provided the energy for pumping water for cattle and families before the electric grid was installed across the rural parts of the High Plains.

In the background are the newest generation of highly sophisticated wind mills, that are producing power for America's electric grid. These windmills are several in a string that run along the north side of Interstate 70 in the center of the state.

Yesterday and tomorrow captured in one picture. As a native of the Midwest it strikes me that modern wind power may be as important to the economic well-being of Kansas and other High Plains states as were yesterday's wind mills. Whether there is the political will to promote a rapid development of wind power in Kansas and its neighboring states is another matter entirely.

--Don Smith

Australian Government Proposes Major Tax Hike on the Resources Sector

The center-left Government of Australia has proposed a new tax scheme that involves ratcheting up the taxes paid by the natural resources sector. Among other things the tax scheme will require major resource extracting companies to pay a 40 percent tax on profits.

The government's rationale is that by taxing large operators it will be able to fund programs that assist smaller operators.

Needless to say, the major resource companies were not thrilled with the proposal. For example, Marius Kloppers, BHP Billiton CEO, said,

"The stability and competitiveness of the tax system have been central to the investment in resources in Australia. If implemented, these proposals seriously threaten Australia's competitiveness, jeopardise future investments and will adversely impact the future wealth and standard of living of all Australians."

The next step for the government is to consult with industry about the new proposal.

This is yet another example of how the natural resources industry faces an entire range of challenges, while at the same time looking ahead in a world that is likely to be resources constrained and thus willing to pay higher prices for commodities.

Wilby Caceres Pinedo, 2006 LLM Graduate and Attorney for Peruvian Mining Firm Yanacocha, Visits Sturm College of Law

It is always wonderful to have Sturm College of Law graduate program alums visit us. Recently we had an unexpected, but very welcome visit from Wilby Caceres Pinedo, a 2006 LLM graduate.

While studying here, Wilby earned two specializations: "Environmental Law & Policy" and "Mining Law & Policy."

Wilby serves as Staff Attorney for Minera Yanacocha SRL, located in Cajamarca, Peru. Minera Yanacocha is majority owned by Newmont Mining, which has its headquarters in Denver. Currently Wilby is assigned to provide legal support for the Conga Project, a large copper-gold mining prospect owned by Minera Yanacocha and located at Cajamarca.

Minera Yanacocha is the largest gold mine in South America. Since opening in 1993, more than 26 million ounces of gold have been produced.

Recently Minera Yanacocha received OSHAS 18001:1999 certification recognizing the operation's compliance with rigorous occupational health and worker safety standards.

It was a great pleasure to see Wilby and to remember old times. He was in my Comparative Environmental Law course in the fall semester of 2005.

Muchas gracias a Wilby. Buen viaje a Peru! (Many thanks to Wilby. Safe travels on your return to Peru!)

--Don Smith