Natural Resources Extraction in Congo: "Treasure Amid Turmoil," According to the Financial Times

The abundance of natural resources in the Democratic Republic of Congo alongside the difficulty of actually operating there are explained in a fascinating recent article in the Financial Times.

In "Treasure Amid Turmoil" (Dec. 16, 2010), the FT reports that "As metal and mineral prices rise, Congo's bountiful deposits are growing in investor allure -- though seizures of western assets point to the difficulties of operating in a failing state." The article highlights the political, social, and development-related challenges associated with doing business in Congo. The role of multinationals in working in the country is explained. One thing is clear -- the road ahead will not be an easy one by any means.

The opportunities and challenges involved in operating in a country such as the Democratic Republic of Congo are more fully explored and analyzed in a pioneering three course series that the University of Denver Sturm College of Law has developed. Taught by resources experts, Luke Danielson, a Gunnison, Colorado, attorney, and Cecilia Dalupan, associate director of the Rocky Mountain Mineral Law Foundation, the "Natural Resources Development Series" considers how to operate sustainably in three contexts: (1) internationally; (2) within nation states; and (3) within communities where the work actually takes place. The first course -- dealing with emerging international trends -- will be offered over two long weekends in late February and late March 2011. The blog will be reporting more detail on this first course in the coming weeks. The second and third courses will be offered in one-week sessions in July 2011. Each course counts for three credits.

Balancing the competing interests in natural resources development so as to move towards a sustainable model is no small feat. It will take a new generation of practitioners who have studied and thought about what works and what does not work. DU's new series will help prepare this new generation.

Don C. Smith
Director
Environmental and Natural Resources Law Program

"Global Boom in Resource Spending" Predicted by the Financial Times; $120 Billion to be Spent on Mining Next Year

One of the world's most important business newspapers, the London-based Financial Times, is predicting a 2011 "global boom" in resource-related spending.

In a front page story this week ("Global Boom in Resource Spending," Dec. 15, 2010), the FT described the boom in this manner:

"The boom in capital expenditures, which extends to oil, natural gas and agribusinesses, comes amid sharply rising prices for commodities such as copper, iron ore, crude oil, sugar and wheat."

A particular area noted for growth will be mining. In this regard, the FT reported:

"Global mining expenditure is set to hit a record $115-120 billion next year, above the peak of $110 billion set in 2008, according to a survey of senior industry executives and consultants."

The FT's report on resource investment underscores why the Environmental and Natural Resources Law program at the University of Denver Sturm College of Law is serving such an important need. The future we are heading into is not likely to resemble anything we have encountered in the past, particularly bearing in mind the resource-intensive nature of the economies of countries such as China and India.

Our aim at DU is to prepare our students to operate in this environment, and that is a commitment we feel very strongly about. Our range of international resources-related courses continues to expand, and thus news of this sort is taken very seriously as we consider how best to design a curriculm that meets the needs of tomorrow's professionals. In short, we believe the University of Denver is "the" place to study and learn about these issues.

Don C. Smith
Director
Environmental and Natural Resources Law Program

Professor Rock Pring and Kitty Pring, Authors of Ground-Breaking Study on "Environmental Courts and Tribunals," Speak in Chile and Australia

The ground-breaking book Greening Justice: Creating and Improving Environmental Courts and Tribunals, authored by Professor Rock Pring of the University of Denver Sturm College of Law and alternative dispute resolution-expert (and wife) Catherine Pring, continues to generate enormous interest all across the world.

Most recently the Prings were invited to critique the proposed legislation for Chile’s new environmental courts and tribunals (ECT) at the University of Chile Environmental Law Conference in Santiago.

According to Professor Pring, "Chile has just adopted sweeping reforms to their environmental laws and enforcement institutions, of which the new ECT will be a central feature." While there, the Prings advised Chile’s national Environment Minister, the Superintendent of the Environment, and attorneys for the Ministry and Superintendency on the new institution.

In September, they co-presented on “Judicial Challenges with ECTs” at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) in Sydney, Australia, and presented a paper on “Specialized ECTs: The Explosion of New Institutions to Adjudicate Climate Change” at the Conference on Environmental Governance and Democracy co-sponsored by Yale Law School and the United Nations Institute for Training and Research (UNITAR) in New Haven, CT.

The Prings co-direct the University of Denver Environmental Courts and Tribunals (ECT) Study – which they began in 2007 – researching, writing, and advising about these specialized environmental adjudication bodies. To learn more about the study, please click here.

Professor Pring says, "The goal of the Prings’ ECT Study and book is to provide needed assistance to governments and civil society around the world on how to establish or reform ECTs, with guidance on best practices, in line with the University of Denver’s motto of 'A private university working in the public interest.'”

"Renewable Energy Project Development and Regulation" Course Debuts in January 2011; Enhances and Strengthens DU's Leadership in Renewables Law

An exciting and timely new course to be offered for the first time in the spring 2011 semester at the University of Denver Sturm College of Law will be "Renewable Energy Project Development and Regulation."

Recently I sat down with Adjunct Professor Mark D. Safty (pictured at left), a partner at and practice group leader for Holland & Hart's Energy & Infrastructure Group. We talked about his experience and the reasons he is looking forward to teaching this course.

Mr. Safty has been lead counsel in the development, acquisition, financing, and refinancing of more than three dozen power generation facilities. Moreover, he has been involved in hydroelectric, coal, natural gas, and fuel oil powered facilities and projects. To put it in brief, he has experience in all regulatory, financial, and operational aspects of the energy generation industry.

More recently Mr. Safty has served as the group leader his firm's renewable energy practice, where by all measures he has assembled one of the country's top renewable energy project development practice teams. He is widely sought after as a speaker at renewables-related conferences and has been asked to contribute to numerous publications including the International Power & Utilities Finance Review.

In his role leading Holland & Hart's renewable energy practice, Mr. Safty pays close attention to the legal, policy, and business development trends associated with renewables. We talked about a broad range of topics that are involved with a renewables-related practice, and he offered his observations about the challenges and opportunities that lie ahead for the renewables sector.

More specifically Mr. Safty provided this overview of his course, which will begin on Jan. 12, 2011:

"This course will examine the broad range of legal topics that a renewable energy lawyer must understand in order to practice effectively. We will examine the structure, regulation, and functioning of the electric energy industry in the United States. We will explore in detail the law applicable to the development, ownership and operation of renewable energy projects across the spectrum of technologies. Significant emphasis will be placed on the practical 'real world' issues encountered in developing, financing and operating these projects.

"While the primary focus of this course is the regulation and development of renewable energy projects, we will also explore the renewable energy policy arena and its implications, and the mechanics and issues associated with financing energy
projects.

"Finally, the course will also address legal, policy and economic and financing issues associated with the expansion and improvement of the transmission grid to support renewable energy development. Various guest lecturers including leading practitioners in the field and developers of renewable energy projects in the region will participate in the course."

Two things struck me about his approach to his work and his upcoming class. He is extremely engaged in the renewables sector through his client work as well as his association with various renewables-related business groups. Second, he has a desire to impart his knowledge and his 'lessons learned' based on his experience to a generation of future professionals whose work will be essential to the future of American electricity generation and distribution system. Moreover, anyone who meets him will learn what it means to be a true professional whose passion for his work is reflected in his engaging and personable style.

With the addition of Mr. Safty's course in the spring of 2011, the Environmental and Natural Resources Law program is well on the way to establishing the Sturm College of Law as "the" leader in renewable energy studies among all American law schools. This is a moniker we take seriously and are committed to fulfilling for our students and our community. Mr. Safty's course joins two other high profile renewables-related courses and complements some of the nation's finest externship opportunities as provide by the College of Law Legal Externship Program.

Students interested in learning more about renewable energy project development, and all that it entails, should not miss this course or the College of Law's other renewables offerings for that matter. There is no better place to learn about renewables than here in Denver, the center of the new energy economy.

Don C. Smith
Director
Environmental and Natural Resources Law Program

ENRL Graduate Program Announces 2010 Scholarships: Lauren Suerth Wins Col. Jan and Marjorie Laitos Award, Rocio Urbina Wins Marilyn Alkire Award

Lauren Suerth (top photo) and Rocio Urbina (bottom photo), students in the Environmental and Natural Resources Law Graduate Program at the University of Denver Sturm College of Law, have been awarded named scholarships.

Lauren Suerth has been chosen as this year’s recipient of the Col. Jan M. and Marjorie G. Laitos Scholarship. Established in 1997, this scholarship supports students of outstanding merit who demonstrate a sincere commitment to the study of natural resources and environmental law.

Ms. Suerth received her BS in Community and Regional Planning from Iowa State University and served as a member of AmeriCorps National Civilian Community Corps before beginning her masters studies. Ms. Suerth is currently pursuing a Master of Resources Law Studies and works as a research assistant and as a blogger for the College of Law’s Rocky Mountain Land Use Institute TriplePundit Blog. We are extremely proud of Ms. Suerth and are confident she will be greatly successful in a future career in sustainable development and community planning.

Rocio Urbina has been chosen as this year’s recipient of the Marilyn Alkire Scholarship. Established in 1998 by Marilyn Alkire, a 1977 JD graduate, this scholarship is awarded to an LLM candidate who demonstrates the potential for making significant contributions to the field in his or her future career.

Ms. Urbina, who is an international student from Perú, received her LLB from the Pontificia Universidad Católica de Perú and worked as a legal assistant at the Office of the Comptroller General of Perú and as a tax advisor for the Peruvian Internal Revenue Service. Ms. Urbina is currently pursuing her LLM in Environmental and Natural Resources Law and Policy and works as a case manager for a local law firm. Ms. Urbina plans to return to Perú after her LLM studies and hopes to work for the Peruvian Government. We feel truly honored to have her in the program and are certain she will continue to accomplish great things in the natural and environmental law areas.

Lucy Daberków
Assistant Director
Environmental and Natural Resources Law Graduate Program

Hiring News: Kelli Schulte, 2010 Masters in Resource Law Studies Graduate, Begins Work as Program Analyst for the U.S. Bureau of Reclamation

Kelli Schulte, a 2010 Masters in Resource Law Studies Graduate from the University of Denver Sturm College of Law, has been hired by the Bureau of Reclamation, which is part of the U.S. Department of Interior.

According to Ms. Schulte:

"As a Program Analyst in the Policy and Administration Office I participate with senior analysts in the preparation of policies, directives and standards, and provide guidance for Reclamation programs. In doing so, I research laws, precedents, and program procedures to develop new policy for Reclamation programs. I also review program-related reports to ensure proper implementation of such programs is occurring at the regional and local level.

"At the present time I am engaged in the development of revised funding criteria for mature Reclamation programs and I am assisting in the development of program criteria and funding announcements for projects that are in their early stages. I work with my team members to develop program budgets and to respond to Congressional and Department (Department of the Interior) level budget inquiries and I suspect I will have the opportunity to engage with many inter-governmental and non-federal entities during my time with Reclamation.

The Bureau of Reclamation (Reclamation) is a contemporary water management agency, with a history in dam building. Today it has shifted its focus from construction to operation and maintenance. It is the largest wholesaler of water in the nation providing drinking water to more than 31 million Americans and irrigating more than 10 million acres of farmland. Reclamation is also the second largest producer of hydroelectric power in the western United States providing more than 40 billion kilowatt hours annually.

Reclamation places a heavy emphasis on fulfilling its water delivery obligations in an efficient and environmentally sound manner. Nevertheless, with today’s increasing water resource challenges, Reclamation must look beyond its obligation to deliver water, in order to meet the competing needs, of an increasing population, with limited water resources. It does this through a variety of programs that address various needs and concerns throughout the west.

Don C. Smith, Director of the Environmental and Natural Resources Law (ENRL) program, said, "We are delighted with the news that Ms. Schulte has begun working for the Bureau of Reclamation. While studying at DU, Kelli established herself as an individual committed to the proper oversight of the country's resources. She will now carry out this commitment in her new role with the Bureau."

Lucy Daberkow, Assistant Director of the ENRL Graduate Program from which Ms. Schulte earned her degree, said, "From the day Kelli began our program in August 2009 through May 2010 when she graduated, Kelli was an enthusiastic and engaged student who learned from everyone she met and every course she took. We wish her great success in her new position."

Nigerian Attorney and DU LLM Graduate Tonye Oki Passes Colorado Bar Examination; Prepares to Join the Colorado Bar

Tonye Tony Oki, a Nigerian Barrister, Solicitor, and Advocate, and a 2006 University of Denver Sturm College of Law LLM graduate in Environmental and Natural Resources Law & Policy, passed the July 2010 Colorado Bar Examination.

Mr. Oki, who is a chartered arbitrator as well as an Adjunct Professor of Law who co-teaches (along with Denver attorney James King) Negotiating Natural Resource Agreements at DU, has worked on Africa-China affairs for Divine Oil and Gas of Denver. He has also practiced law in Nigeria.

Lucy Daberkow, Assistant Director for the Environmental and Natural Resources Law (ENRL) graduate program, said, "Tonye Oki has been a wonderful member of our graduate program community since the day he began studying here in August 2005. Since his graduation, Tonye has been tireless in his efforts to help other graduates and in his support of our program. This is a wonderful achievement for Tonye."

Don C. Smith, Director of the ENRL, said, "Adjunct Professor Oki and I first met in the spring of 2006 when he was a student in a course I taught called 'Comparative Environmental Law.' From the day we met, I knew Tonye was going to make major contributions in this field. Two years ago I approached him about co-teaching Negotiating Natural Resource Agreements, and he has done an excellent job in that regard too. Our program has no greater supporter than Adjunct Professor Oki and he has no greater fans than Ms. Daberkow, the faculty he studied under, and me. We are thrilled at his professional achievement."

Mr. Oki is a member of numerous professional bodies including the International Mining Professionals Society USA, the Chartered Institute of Arbitrators UK. and the Nigerian Bar Association.

Editor's Note: In the picture above, Don Smith is on the left, Lucy Daberkow is in the middle, and Tonye Oki is on the right.