Professor Smith and Students Hike at Elk Meadows Park

Professor Smith took students on a tour of Elk Meadows Park in Evergreen, CO last Saturday, the 30th. Students met at the park and played a quick game of bocce ball while waiting for everyone to arrive. Despite lingering snow in some areas of the park, the students had a great time walking in the sunshine and getting to know each other. It was a great opportunity to foster the love of nature we all share in the ENRGP community.

Lise-Anne McLaughlin brought her sister and their dog, Millie. Millie provided entertainment for the whole group, chasing down sticks and running around the group. During the hike, the group admired an old building in an open field and then spent time climbing a fallen tree.

After the three hour hike, the students reconvened at Professor Smith's house for dinner. Students were invited to attend both the hike or the dinner as their schedules allowed. Many students brought their significant others as well as their children. There was a flurry of activity among the seven children in attendance. Woody, from Toy Story, was also in attendance, whipping his hat around like a true cowboy. (Ayman Alghamdi's son came dressed in a Woody costume.)

We hope that we can continue to host events such as this and that even more students will join in the opportunity to learn and grow from each other! Thank you to everyone who attended then event!

President Obama Designates Five New National Monuments

Rio Grade del Norte National Monument, NM
Photo Courtesy of BLM New Mexico

On March 25, President Obama used his authority under the Antiquities Act to create five new national monuments. This action permanently preserves 270,000 acres from development. The announcement was greeted with praise from environmental groups who have been criticizing the Obama Administration's public land record.

The Antiquities Act of 1906 was created through the efforts of educators and archeologists to protect sensitive historic areas from looters (NPS: Antiquities Act). The Act allows the President to designate federal lands containing historic, scientific, or scenic significance. Designated areas are protected from harmful development activities like mining. The first national monument, Devil’s Tower National Monument, was established by President Theodore Roosevelt just three months after the Antiquities Act was passed.

The new national monuments celebrate western landscapes, African-American history and create the first National Park Service unit in Delaware. Here is the complete list:
Rio Grande del Norte National Monument, New Mexico
First State National Monument, Delaware
Charles Young Buffalo Soldiers National Monument, Ohio
Harriet Tubman Underground Railroad National Monument, Maryland
San Juan Islands National Monument, Washington

“These sites honor the pioneering heroes, spectacular landscapes and rich history that have shaped our extraordinary country,” said President Obama. “By designating these national monuments today, we will ensure they will continue to inspire and be enjoyed by generations of Americans to come.”

Angelica Oman

Graduate Program Assistant 

Announcing New Oil and Gas Law and Policy Specialization

The Environmental and Natural Resources Law and Policy Graduate Program is excited to announce the availability of a new specialization certificate: Oil and Gas Law and Policy!

DU College of Law and the ENRGP Program are committed to offering a rigorous and relevant course selection for its students. The advent of the oil and gas boom in the US has caused an increased need for natural resource practitioners specializing in the area. Our ability to respond to developments both legal and technical have assisted our climb to the top twenty law schools with environmental and natural resources programs.

Students are able to obtain up to two specialities. These specialties help the students to develop knowledge in a particular area. The students are able to build a course structure that allows them to fully development their knowledge and understanding of the area. Graduates who obtain specialization certificates have used these as a tool to market themselves to potential employers and to develop their future practice focus.

This exciting new specialization will join the existing specializations offered in Environmental, Land Use, Mineral, Energy, Water, Sustainable Development and Renewable Energy, and International Resources Law and Policy. To learn more about our course offerings and specializations, visit our website!

Supreme Court Upholds Agency Decision, Delivers Blow to Environmental Groups

Oregon GOP pushes logging (katu.com)

The Supreme Court issued a ruling last Wednesday on a case regarding the decision of the US Forest Service to not require Environmental Protection Agency permitting for storm-water runoff resulting from logging roads. The ruling ends a legal battle that began in 2006 with the Northwest Environmental Defense Center. The environmental group sought to force the EPA to take action against the logging company, Georgia-Pacific West.

Storm water runoff, resulting from Georgia-Pacific West's logging roads, carried heavy sediment into two rivers flowing through Tillamook State Forest. Justice Anthony Kennedy, writing for the majority (7-1), stated that discharges from logging roads are significant in rainy Oregon, and can contain “large amounts of sediment” which “can harm fish and other aquatic organisms.” Environmental groups had relied on the permitting process to protect forest streams.

The case touched on administrative policy issues; specifically, the amount to which agencies are accorded deference by the courts. Justice Kennedy explains, “When an agency interprets its own regulation, the Court, as a general rule, defers to it unless that interpretation is plainly erroneous or inconsistent with the regulation,” he said. “The EPA’s interpretation is a permissible one.”

Justice Antonin Scalia wrote a dissent nearly as long as the decision itself. He took issue with the ability of the agency to interpret its own regulations. The permissive approach by the court, he said, would allow regulatory agencies to float free of limits and bounds contained in the text of its rules. This case sets the stage for a high court showdown regarding the extent of judicial deference due to a federal agency when it interprets its own rules.

The case is Decker v. Northwest Environmental Defense Center.

Angelica Oman

Graduate Program Assistant

Denver Law's Environmental and Natural Resources Law and Policy Program Ranking

US News and World Report has released their 2013 best law school rankings and our Environmental and Natural Resources Program is ranked at number 17! This publication ranks the best schools in terms of their environmental, energy, sustainable development, and global warming course offerings.

The ranking represents our program’s ongoing efforts to provide relevant, rigorous courses for our students. Part of our positive ranking is due to the variety of opportunities provided to our students to develop their skills and understanding of environmental and natural resources law and policy.

Denver Law offers a variety of opportunities to supplement students' classroom education including the environmental law clinic, environmental law journals, renewable energy, oil and gas, and land use conferences, as well as student organizations. In addition, the externship office directly links students with positions in environmental and natural resources law and policy work. In this manner, our students are able to take all that they have learned from our esteemed faculty and apply their knowledge into work in the field. We feel that this is truly a great asset to our students as it allows them to develop their professional skills inside and outside the classroom.

Associate administrative director Lucy Daberkow commented on this proud accomplishment: "Our program's recognition as a top environmental and natural resources program reinforces our commitment to providing a top-notch education and recruiting some of the best students in the U.S. and abroad."

For more information about our program, visit our website!

Environmental Law Clinic Reaches Settlement with Xcel Energy

Mike Harris,
Director of the Environmental Law Clinic

DU College of Law's Environmental Law Clinic announced a settlement last week with Xcel Energy. Mike Harris and students have worked with WildEarth Guardians on a citizen suit enforcement action under the Clean Air Act over the past four years.

This translates into a tremendous experience for four generations of clinic students. Students assisted in shepherding the case from initial filing through discovery, briefing, oral arguments and trial preparation. The case was settled two weeks away from the trial date.

The settlement will result in benefits for the most impacted communities. Xcel Energy will provide $447,000 to Groundwork Denver, a third-party nonprofit organization which will initiate a sustained improvement of the physical environment through community-based partnerships and action.

Jeremy Nichols, of WildEarth Guardians said, “This is a victory for clean air, for the community, and for Colorado’s clean energy future, as we power past coal, it’s critical that we lay the groundwork for solar and energy efficiency to take root. That’s exactly what this settlement does.”

Angelica Oman

Graduate Program Assistant 

ENRGP Students Attend Vail Global Energy Forum

Photo Courtesy of Zach Mahone

The DU ENRGP Program sponsored six students to attended the Vail Global Energy Forum. The VGEF featured energy professionals speaking about energy trends and developments. Students were sponsored to attend from all over the country (see photo above). Prof. KK DuVivier and associate administrative director Lucy Daberkow represented DU College of Law. ENRGP students included:  Khulan Amarsanaa, Jason Gould, Caleb Harrison, Brad Neagos, Chris Simmons and Annie Oman. The event took place at the Vilar Performing Arts Center in Beaver Creek on March 2nd and 3rd.

Governor Hickenlooper delivered the opening address setting the stage for panelists to discuss energy efficiency and energy innovation. The second day focused entirely on natural gas. Jim Brown, President of the Western Hemisphere at Halliburton, gave an overview of unconventional energy development (hydraulic fracturing). Mark Zoback, a Professor in the Department of Geophysics at the School of Earth Sciences at Stanford University, shared scientific studies linking ground injections to increased seismic activity and the risks of water contamination.

The event was educational and relevant. The students enjoyed their visit to the Rocky Mountains, and the opportunity to hear about energy developments and trends from experts. Attendee Chris Simmons shared, "The Vail Global Energy Forum was an incredible opportunity to bring my personal environmentalism, academic passion, and work experiences into fruition through a two day forum of top-notch academics and industry leading professionals. The forum afforded me an opportunity to network with a wide variety attendees, and to increase my knowledge of global energy concerns and solutions."

Angelica Oman

Graduate Program Assistant