View From Our Neighborhood: Autumn in the Colorado Rockies

If you have never seen a buffalo up close, come to Colorado. There is a wonderful viewing area just west of Denver and about 25 minutes by car from the University of Denver Sturm College of Law where you can often see an impressive heard of the animals.

The heard is located adjacent to Interstate 70 near the Genesee Park exit (number 254) as one heads into the Colorado Rockies. Of course, there are lots of other great scenes as well in autumn and in all seasons in America's Centennial State (so named for entering the U.S. in 1876).

Visitors sometimes think that the buffalo continue to roam freely around the state, but those days are now gone. However, you can see big horn sheep, elk, and deer, particularly in the state's mountain areas.

Renewable Energy and Transmission Expert Ronald L. Lehr to Speak at Sturm College of Law on Oct. 27

Ronald L. Lehr, an expert on renewable energy and transmission policy, will speak about "Renewables and Transmission" from 12 noon to 1 p.m. in room 190 on Oct. 27 at the University of Denver Sturm College of Law.

Mr. Lehr, who served for seven years from 1984-1991 as Chairman and Commissioner of the Colorado Public Utilities Commission, practices law and consults about energy regulation and business matters. Among his current assignments include work for the American Wind Energy Association on public policy and transmission issues for wind energy, the Interwest Energy Alliance on market development for large scale renewable energy in a six state western region, and Western Grid Group on western grid level system and transmission planning.

He also works for private firms on renewable energy policies and commercialization strategies. He has appeared as an expert witness, sponsoring testimony in administrative venues on utility planning and mergers, and in anti-trust, employment, and government claim litigation.

The event is being sponsored by the Land Use Law Society.

The Relationship of Forest Fires and Ecosystem Health: Environmental Law Professor Fred Cheever Explains Importance of Fire to Forest Health

University of Denver Sturm College of Law Environmental Law Professor Fred Cheever was interviewed recently on a topic that is fundamental -- although often controversial -- to the health of forest ecosystems: fires in forested areas.

Professor Cheever, who also serves as Associate Dean for Academic Affairs, noted that forest fire suppression efforts over nearly 100 years have resulted in a great deal of "fuel" in the form of dead trees. When burned, however, these trees create a multitude of nutrients for forest ecosystems.

Please click here to see the interview with Professor Cheever, one of the country's leading experts on environmental law, on Denver's TV 9 News.

U.S. to Compete With Middle East and Russia in Selling Natural Gas? With Shale Gas the Unthinkable Becomes Very Possible

As unthinkable as this would have been several years ago, the U.S. may be headed for a position as a seller -- rather than a buyer -- of natural gas.

This major change comes in the wake of emerging new technologies that are making the extraction of U.S. shale gas more realistic.

According to a recent story in the Financial Times ("U.S. to Take on Rivals in Natural Gas," Oct. 7, 2010), the time may be nearing when U.S. firms are exporting rather than importing natural gas. According to James Crandell, an analyst at Barclays Capital, "North America is gearing up to export gas to the rest of the world," the FT reported.

Moreover, a new report published in September 2010 by the James A. Baker Institute for Public Policy, Emerging U.S. Carbon Management Strategy, suggests:

"Natural gas...stands to play a very important role in the U.S. energy mix for decades to come...By some estimates, a mammoth 1,000 trillion cubic feet is recoverable in North America alone -- enough to supply America's natural gas needs for the next 45 years. The impact of shale gas is already apparent. U.S. import terminals for LNG sit virtually empty, and the prospects that the U.S. will become even more dependent on foreign imports have receded..."

To be sure, there are many questions yet to be resolved regarding how the shale gas is extracted -- through a process called hydraulic fracturing that involves using a mixture of chemicals and water under high pressure to fracture the shale deposits where the gas is trapped. But on the other hand, natural gas emits less carbon dioxide than coal and electricity utilities -- not entirely certain whether or when the U.S. might clamp down on carbon emissions -- may begin to lean towards gas if they feel confident the price will not be subject to unexpected spikes.
What might be expected in the short term is a battle waged between coal and natural gas interests, each trying to protect or grow its respective market share for fuel used by electric utilities. The matter of the environmental safety associated with hydraulic fracturing is likely to play a major role in this debate.

Meanwhile, the possibilities related to shale gas are attracting attention in Europe as well as this blog reported on several months ago ("Shale Gas and Europe: The Answer to Europe's Energy Security Issue?" June 29, 2010).

Stay tuned...

--Don C. Smith

Two Sturm College of Law Students Involved in Ground-Breaking Mining Law Project Sponsored by the International Bar Association

Kristi Disney, a current Environmental and Natural Resources Law LLM student at the University of Denver Sturm College of Law and recent LLM graduate Jeffrey Cullers have been working on a ground-breaking mining law project – the Model Mining Development Agreement (MMDA).

The MMDA, an undertaking of the International Bar Association (IBA), is a model contract intended as a starting point for negotiations between host governments and mining companies where no mature mining law exists. The project seeks to advance sustainable development of mineral resources by balancing the interests of local communities, governments, and companies.

A key innovation of the MMDA is an online public forum where any interested person can view and comment on the current MMDA draft. Please visit the project at www.mmdaproject.org and view the latest draft, released earlier this month. Currently, the MMDA is in the midst of a public comment period until mid-December 2010. After comments are closed, the MMDA creators will incorporate the feedback into the final MMDA draft, to be completed in January 2011. The MMDA is a project of the International Bar Association.

Jeffrey and Kristi worked on this project through the Sustainable Development Strategies Group, a non-profit organization located in Gunnison, CO, which promotes the preservation and responsible use of natural resources.

Jeffrey Cullers graduated from the LLM program in May 2010. Kristi Disney will graduate in May 2011 and is currently a Law Fellow at the Washington, D.C.-based Center for International Environmental Law.

Rebecca Watson, Former Assistant Secretary at the U.S. Interior Department, to be "Distinguished Practitioner in Residence" in Spring 2011

Rebecca Watson, an attorney at Welborn Sullivan Meck & Tooley and former Assistant Secretary for Lands and Minerals Management at the U.S. Department of the Interior, has been named the A.T. Smith/Gerald J. Schissler Distinguished Natural Resources Practitioner-in-Residence at the Sturm College of Law of the University of Denver. Ms. Watson will teach and direct a semester-long program focused on the practical side of natural resources law.

Established in 1987, the Distinguished Natural Resources Practitioner-in- Residence Seminar is an independently endowed “capstone” skills seminar, taught by a distinguished member of the Colorado natural resources or environmental bar.

The seminar’s purpose is to apply the content of substantive law classes a student has taken to the context of what lawyers actually do, and identify how to do it well. Students learn critical lawyering skills from the “best of the best”—prominent guest speakers and a syllabus developed by the Practitioner-in-Residence.

Ms. Watson has more than 30 years of legal and policy experience in the fields of conventional and renewable energy, natural resources and federal environmental law. As Assistant Secretary of the Interior Department she was the overseer of a $1 billion budget and three bureaus which together have the responsibility for management of federal energy resources and 262 million acres of public land. Prior to her service in the Interior Department, Ms. Watson served as the Assistant General Counsel for Energy Policy at the U. S. Department of Energy in the George H. W. Bush administration.

Ms. Watson focuses her practice on public land access and energy development for solar, wind, geothermal, wood biomass, and oil and gas with an emphasis on federal environmental law. She is a frequent speaker and author on these topics. She is a member of the Rocky Mountain Mineral Law Foundation and past appointee of the National Petroleum Council. She serves on the boards of the Western Energy Alliance (formerly IPAMS), Jefferson County Open Space Commission, Center of the American West at the University of Colorado and the Public Land Policy Institute at the University of Montana School of Law.

Rebecca Watson received her J.D. from the University of Denver College of Law, as well as a M.A. and B.A. from the University of Denver. She is admitted to practice in Colorado, Wyoming, Montana and the District of Columbia.

Speakers Series Continues: Working for a Renewable Energy Developer and a Green Technology Firm

The focus of the second in the University of Denver Sturm College of Law Speakers Series sponsored by the Environmental and Natural Resources Law Program will feature two Sturm College of Law graduates speaking about their experiences working in the clean energy and technology sectors. They will be speaking in room 170 on Thursday, Oct. 21, 2010.

Danny Splettstosser, who graduated with a Masters in Resource Law Studies (MRLS) degree in 2008, will discuss his role as Associate Director for enXco and EDF EN Canada. These firms are involved in developing solar and wind energy projects. In this role he is involved in critical aspects of the company's solar business unit, emerging technologies, and mergers and acquisitions. He also has a B.A. in speech communication and political science from Colorado State University. Before coming to DU he was the deputy research director for Ken Salazar's 2004 Colorado U.S. Senate campaign.

Leslie Weise, who graduated with a Masters in Environmental and Natural Resources Law (LLM) in 2008, is vice president of business development for CoolEnergy, a Boulder-based clean technology firm. CoolEnergy has developed the SolarFlow System home energy system that enables home and building owners to reduce their energy bills by as much as 75 percent while providing U.S. homeowners annual returns of 20 percent. Ms. Weise also has degrees in engineering from Boston University, and a JD and a Masters of Intellectual Property from Pierce Law Center.

Food will be available at the event.

The Environmental and Natural Resources Law Speaker Series features presentations by leaders in these sectors. The next lecture in the Speakers Series will be Nov. 9, 2010, when Kate Iverson, Associate General Counsel for the Denver metropolitan Regional Transportation District (RTD) will talk about Fastracks, the new light rail system being developed in the metro area.