Denver Law Professionals Play Major Role in Rocky Mountain Mineral Law International Institute in Columbia

Denver Law South American LLM Graduates (left to right): Marcelo Olivares (Chile); Leonardo Rodriguez (Argentina); Carla Araya (Chile); Nino Coppero (Peru); Carolina Crespo (Argentina); Don Smith; Eduardo Paseta (Peru); Roger Boing (Brazil).

The strength of the University of Denver Sturm College of Law Environmental and Natural Resources Law (ENRL) program was on full display at the Rocky Mountain Mineral Law Foundation (RMMLF) International Institute on Mining and Oil And Gas held recently in Cartagena, Columbia.

Of the 300 attendees, who came from 45 countries and five continents, more than 20 had Denver Law connections.  Specifically, there were 12 Denver Law ENRL LLM graduates, four DU JD graduates, and six current or former adjunct professors. 

In nearly half the sessions at the Institute, there was at least one Denver Law-connected participant.  This is very noteworthy because the RMMLF is considered one of the most prestigious and high profile organizations of its kind in the world.  For more than 50 years, the RMMLF has provided opportunities for the world’s leading resource attorneys to gather and discuss the most important issues facing these sectors.  Thus, the presenters at RMMLF conferences are considered the world’s top mining and oil & gas lawyers.

A more specific look at the overall Institute program provides an even clearer indication of the prominence of Denver Law at the event.

Among the key organizers of the International Institute:

• Catherine Boggs, Capital Resource Funds and a DU JD graduate, is President of the RMMLF
• Scott Anderson, Partner at Hogan Lovells and a Denver Law Adjunct Professor, served as Institute Chair

Program participants with Denver Law connections:

• Carla Araya, Legal Counsel for Minera Esperanza in Santiago, Chile, and DU LLM gradate spoke on “Water for Mining: Use and Protection of Water Resources”
• Elisabeth Bastida, Mining Program Director at the University of Dundee who has also taught as an Adjunct Professor at DU, spoke about “Ownership of Mineral Resources”
• Oscar Benevides, Partner at the Lima, Peru-based firm Rodrigo, Elias And Medrano and a DU LLM graduate, spoke about “Asian Investment in Africa and Latin America: Lessons Learned in Recent Years”
• Roger Maier Boing, Partner at L.O. Baptista, Schmidt, Valois, Miranda, Ferreira, Agel, in Rio de Janeiro, Brazil and DU LLM graduate moderated a panel entitled “International Unitization of Oil And Gas Fields: The Experience in Latin America”
• Nino Coppero, Director of Corporate Affairs and Social Responsibility for Toronto-based Hudbay’s Lima, Peru, office and DU LLM graduate, spoke on “Prior Consultation – The Peruvian Experience: Constancia and Minas Conga”
• Francisco Corona, Associate at Carey and Cia in Santiago, Chile, and DU LLM graduate, spoke about “Chilean Miners Revisited – Two Years Later”
• James Cress, Partner at Bryan Cave, a DU JD graduate, and a frequent guest speaker at Denver Law,  moderated a session entitled “Consultation, Accommodation, and Consent in Resource Development” 
• Florencia Heredia, Partner at HOLT Abogados in Buenos Aries, Argentina, and a DU Adjunct Professor, moderated a panel entitled “Mining in ‘No Go’ Areas: Parks, Forests, and Moorlands”
• Anya Mallett, Of Counsel at Polsinelli Shughart, a JD and LLM graduate, and a member of the Institute’s Mining Section Steering Committee, moderated a panel entitled, “On the Rocks – What are the Prospects for Safe and Successful Exploration of the Artic, and are they Worth the Risk?”
• Mark Nesbitt, Of Counsel at Fognani and Faught and former Denver Law Adjunct Professor, was a member of the Institute’s Mining Section Steering Committee
• James Otto, the founding Director of Denver Law’s Environmental & Natural Resources Law Graduate Program and now a world leading mineral economist and policy advisor to governments around the world, gave a keynote speech entitled “Resource Nationalism and Regulatory Reform”
• Luis Carlos Rodrigo, a Partner at Rodrigo, Elias & Medrano in Lima, Peru, and a DU Adjunct Professor, spoke about Asian Investment in Africa and Latin America
• Don Smith, Director of Denver Law’s ENRL program, moderated a panel entitled “Oil And Gas Regulation And Policy in Latin America: Recent Developments”

All told, DU-related participants in the Institute came from Argentina, Brazil, Chile, Peru, and the U.S. 

Others with DU Law affiliations who attended the conference included Daniel Altikes, Counsel at Antofagasta Minerals SA in Santiago, Chile, and an LLM graduate; Robert Bassett, Partner at Holland and Hart, and a DU JD graduate and Adjunct Professor; Joel Benson, Partner at Davis Graham and Stubbs, who is a JD law graduate and an Adjunct Professor, Maria Carolina Crespo, from Estudio Beccar Varela in Buenos Aries and LLM graduate; Eduardo Paseta, Counsel at Compania Minera Antamina SA, Lima, Peru, and LLM graduate; Marcelo Olivares, Partner at Quinzio and Cia Abogados in Santiago, Chile, and LLM graduate; Miguel Rivero, Partner at Hoet Pelaez Castillo And Duque in Caracas, Venezuela, and an LLM graduate; and Leonardo Rodriguez, Partner at Marval, O’Farrell and Mairal in Buenos Aries, and an LLM graduate. 

No other educational institution from anywhere in the world came even close to matching Denver Law’s presence at the International Institute.  This says volumes about the prominent role our program is playing on the global natural resources scene.  It also illustrates the caliber of individuals who have been or are involved with our program.  Put simply, there is no better place to study about the important issues involving natural resources than Denver Law. 

Every day Denver Law-connected professionals are making major contributions to how natural resources are developed and used.  This is something we as a group can be proud of and our aspirations should be high as we continue our world-leading efforts.  In a reflection of that, we at Denver Law are ramping up our offerings in the oil and gas sector, an undertaking you will hear us talk more about in future months.

In the meantime, we are reminded each day that our graduates, our friends, and our partners look to us to steadily strengthen and improve the academic program at Denver Law.  We take that seriously and we look forward to working with our community to ensure that Denver Law is “the place” to study about natural resources.

-Don Smith

Director

Environmental and Natural Resources Law Program

New Website Provides Colorado with Wildfire Risk Data

Colorado National Guard fights High Park, CO fire in 2012.

Photo Courtesy of the U.S. Air Force

Wildfires in Colorado are a natural part of the ecosystems and are crucial to restore and maintain healthy forests. However, they pose a real danger to the lives and property of a growing percent of the population. Population growth has created a new resource/management conflict which has been termed the wildland-urban interface, "where man-made improvements are built close to, or within, natural terrain and flammable vegetation, and where high potential for wildland fire exists."

The U.S. Forest Service (USFS) has struggled to find the best management practices to utilize in response to wildfires. A USFS research publication states, ". . . climate change, extended drought, increased insect and disease outbreaks, and invasions of exotic plant species have added complications to fire management on public and private lands."

The increased interest, debate and study of wildfire management has led the Colorado State Forest Service to create a new website, the Colorado Wildfire Risk Assessment Portal (CO-WRAP). "The goal of the project is to provide a consistent, comparable set of scientific results to be used as a foundation for wildfire mitigation and prevention planning in Colorado."

The website provides community leaders, planning and forestry professionals and citizens access to maps, data and reports which describe project areas, neighborhoods or watersheds. CO-WRAP uses geographic information system data which allows users to view themes such as historic fire occurrence, values at risk to fire, potential fire intensity, and the likelihood of an acre burning. 

Paul Cooke, director of the Colorado Division of Fire Prevention and Control said, "Whether to increase public awareness about wildfire risk, or to put much-needed information at the fingertips of fire managers, CO-WRAP will be a tremendous asset for Colorado.”

 Angelica Oman

Graduate Program Assistant 

Students Tour National Renewable Energy Laboratory

Lucy Daberkow and students pose for a picture in front of
reclaimed beetle killed pine walls at the NREL.

Students in the Environmental and Natural Resources Law and Policy and J. D. Programs attended a tour of the National Renewable Energy Laboratory (NREL) on Tuesday, April 23rd. The tour was organized by Professor K.K. DuVivier and overseen by Assistant Director, Lucy Daberkow.

NREL is the U.S. Department of Energy's premier laboratory for renewable and efficient energy research and development. The lab is government-owned and receives Congressional funding. Energy innovators have access to the lab through specific contracts and are able to develop and test their materials with the lab's state of the art technology.

The students toured the 327 acre main campus in Golden, CO which houses four LEED-rated buildings. NREL is committed to operating sustainably and hopes to provide a model for other buildings. The students were impressed by the many aspects that were taken into consideration, from rain drainage to chemical free adhesives in the flooring. In addition, many design features of NREL were inspired by ancient buildings.

Many of the students who attended are currently enrolled in an energy law related course(s) and were able to supplement their academic understanding of the energy field through the tour. Brendan Browne, MRLS '13 shared "Touring the NREL facility got me excited at the prospect of working in the renewable energy field."

The Denver Post recently named NREL as one of 2013's top places to work and was profiled in a special insert of the Denver Post on Sunday, April 21. For more information on what it is like to work at NREL, visit their employment website.

Angelica Oman

Graduate Program Assistant 

Colorado River Listed as 2013's Most Endangered River

Colorado River, Photo Courtesy of Mismismimos

American Rivers is a nonprofit organization that has been listing America's most endangered rivers annually since 1984. The rivers are nominated by advocacy groups and are ranked based on the following criteria: 1) A major decision is pending which will impact the river's fate 2) The river's significance to human and natural communities 3) the magnitude of the threat to the river and its associated communities.

American Rivers president, Bob Irvin, describes the Colorado River as the "lifeline of the Southwest." The Colorado River supplies water to 25 million people and helps to irrigate 3.5 million acres of farmland. Assistant Interior Secretary for Water and Science Anne Castle said in a statement, "The river is the essential foundation to the health and prosperity of the American Southwest. . . It provides multiple and diverse benefits including water supplies for agriculture and people, outdoor recreation, clean energy generation, and unparalleled ecosystems."

The report identifies the threats to the river, primarily, "outdated water management that is inadequate to respond to the pressures of over-allocation and persistent drought." The drought has significantly lowered water supply which has caused increased contention as the demand for water has risen. The Bureau of Reclamation recently issued a report (Colorado River Basin Water Supply and Demand Study) which further emphasizes the supply and demand imbalances in the Basin.

It is hoped that the listing of the Colorado River as America's Most Endangered River will bring heightened visibility to this fragile resource.

Angelica Oman

Graduate Program Assistant

Outstanding Environmental and Natural Resources Law and Policy Students

Jeremy Scott, Matias Lewin and Allen Wilson have the honor of being named this year's Outstanding Environmental and Natural Resources Law Students. The award is issued to the students with the highest grade point average while in the program. This year's students impressed us with their academic achievement. Congratulations to each of the Outstanding Students.

Jeremy Scott, LLM'13 shared, "I have loved every minute of my time at Denver Law.  I am saddened to leave the program come May, but hold the highest regard for the ENRLGP program and everyone I have worked with and for during these 2+ years.

Matias Lewin, LLM'13 reflected on his time in the Environmental and Natural Resources Law and Policy Program, "While being at DU as an LLM International student I have acquired very valuable knowledge in the natural resources area, especially in the mining industry where my professional practice is focused in Chile. I am sure that the knowledge acquired will contribute in a significant manner to the legal services that I provide to the clients of my law firm in Chile, Carcelén & Cia. – Abogados."

Allen Wilson, MRLS'13 shared,
"My experience at the University of Denver’s Graduate Environmental and Natural Resource Law & Policy Program has been invaluable.  The chance to study environmental and energy law and policy has improved my understanding of their impact on our current and future economy.  The classes are taught by extremely knowledgeable professors with proven expertise.The program places a high value on providing its students with a broad and up-to-date understanding of the issues facing our environmental, energy, and economic development—locally, nationally, and internationally.  The students are also very committed and truly appreciate discussing the issues with both these experts and fellow classmates.  All this makes for a dynamic and engaging classroom experience beyond compare."

Congratulations to Jeremy, Matias and Allen! Their commitment to the program, dedication and intellectual abilities are apparent. We are sure they will experience great success in their future endeavors. Don C. Smith, Director of the Environmental and Natural Resources Law Program, said, "Jeremy, Matias and Allen join a long line of distinguished graduates before them who have received this prestigious award. We are thrilled for them as individuals, as well as their families and friends who supported them in this wonderful accomplishment."

Colorado Economy Receives Boost from Wind

National Wind Technology Center - Colorado
A wind turbine blade being installed at NREL facility.

Colorado is seeing a rise in the wind energy sector, creating jobs and bringing money to local economies.  Peter C. Duprey, chief executive of Broadwind said, “The whole industry went through either a shutdown or idling at the end of last year [2012] and is now quickly trying to gear back up again.”

The “shutdown” was partly caused by Congress when they allowed the Production Tax Credit to expire at the end of 2012. The tax credit provides incentives for wind power production. The lack of stability over the regulation of wind energy has created a difficult and unclear path for the industry.

However, 2013 is seeing a surge in wind power investments. Congress renewed the Production Tax Credit in January, spurring activity. Tom Clark, CEO of the Metro Denver Economic Development Corp. said, "We are seeing acceleration of buyers of wind power in Colorado to get their projects up and running to get within the window covered by the credit." This is will provide jobs for many of those who had been laid off.

Vestas Wind Systems has several large facilities within Colorado and has just received its largest wind-turbine order from Canada. Vestas had also laid off hundreds of employees in 2012. The contracted order is for 166 V100-1.8 wind turbines as well as a 20 year maintenance agreement for the Blackspring Ridge Wind Project near Lethbridge, Alberta.

The Production Tax Credit and Vesta’s large contract are bringing jobs to Windsor, Brighton and Pueblo, Colorado.

Angelica Oman

Graduate Program Assistant

New Forest Monitoring System Addresses Data Delays

Forests are an integral part of life on earth.  Forests provide the livelihood for more than 1.6 billion people and support biodiversity, providing home to more than seventy percent of the Earth's land animals and plants. Forests provide several key ecosystem services as well. Trees are natural carbon storage systems and reduce greenhouse gases. They also have incredible roots that serve underground water utility functions, such as storing and releasing water into lakes and rivers.

The UN Environmental Programme (UNEP) and Interpol recently released a report entitled, Green Carbon: Black Trade, stating that illegal logging has created a criminal trade worth $30-100 billion annually, worldwide. Illegal foresting operations have gotten more organized in recent years. The use of bribes is common, but now illegal foresters are hacking government databases. They avoid arrest by moving quickly between regions and countries, laundering the illegal harvest by mixing it in with legally acquired timber.

Resource managers have been struggling to keep up with the criminal activity. Much of their struggle is related to the extreme delay in the access to monitoring data. The most recent forest maps of Indonesia took three years from the time the data was taken to being published online. Deforestation maps often take 3 to five years to create, making it difficult to respond to illegal activities. 

Global Forest Watch 2.0 (GFW 2.0) is "a powerful near real-time forest monitoring system that unites satellite technology, data sharing, and human networks around the world to fight deforestation." GFW 2.0 uses remote-sensing technology to show high-resolution deforestation maps on a user-friendly platform. The system uses satellite and crowd-source data which includes input from local communities.

The new monitoring system is the creation of collaborative efforts between the World Resource Institute, UNEP, businesses and NGO's from all over the world including Google Earth Engine. It is hoped that by providing better information, resource managers will be better equipped to combat illegal logging and deforestation.

For more information about GFW 2.0, visit their website.

Angelica Oman

Graduate Program Assistant