Monday, November 11, 2013

Denver Law Offers "First of Its Kind" Course on Emerging Issues in Oil & Gas Development

In response to the high level of activity in the Colorado oil and gas sector and the growing need for well-trained oil and gas professionals, Denver Law has just finished a "first-of-its-kind" course entitled "Emerging Issues in Oil & Gas Development."

Co-taught by Noble Energy Lease & Contracts Advisor Jessica Richards and Denver Law Environmental & Natural Resources Law Director Don Smith, the Emerging Issues course focused on a range of key topics involving the rapid development of the industry that has resulted from the increased deployment of fracking and horizontal drilling in Colorado and the U.S. more generally.

Ms. Richards, who has Juris Doctorate and Master's in Resource Law Studies degrees from Denver Law, and Mr. Smith said the Emerging Issues course was not only timely, but also very important in terms of covering a subject matter that has garnered huge attention as the country's oil and gas production has rapidly increased.

"Colorado has received a remarkable amount of attention about these emerging issues because of the state's leadership role in regulating the oil and gas industry as well as the industry's investment in the state" they said.  "This is an attractive state for industry to point to because of their ability to successfully operate in a state that takes pride in its environment.  On the other hand, Colorado's regulations have attracted interest in environmental circles because of the example that resources can be extracted while still addressing environmental concerns."

"Our approach," they said, "was to consider the emerging issues in a fair and reasoned manner.  No one benefits from emotion-laden or careless consideration of these important issues. To be sure, the regulatory climate in Colorado continues to change to address new issues.  But consideration of those changes necessarily must be based on a good understanding of the issues at hand, and that is what we sought to develop in this course."

The objective of the two-weekend, three-credit course was to identify and then analyze the issues that represent both risks and opportunities for the $30 billion Colorado industry.  As part of the course, students learned from a "who's who" of influential actors who are playing major roles as Colorado becomes an increasingly important oil and gas area of activity and is recognized as a leader in the regulation of the industry.

The presenters were:

  • Willam (Bill) Brady, a Denver Law JD alum, Denver Law Adjunct Professor, and Of Counsel at Spencer Fane & Grimshaw
  • Cindy Jennings, Founder and President of Volition Strategies, considered the corporate social responsibility and social license to operate activities that the oil and gas industry is undertaking
  • Catherine Keske, a Ph.D. research economist at the University of Colorado and an Adjunct Professor at Denver Law, covered the economics-related issues dealing with the potential export of liquified natural gas to international markets
  • Sarah Landry, Chief Operating Officer at the Colorado Oil and Gas Association (COGA), spoke about the industry's assessment of business opportunities as well as steps it is undertaking to support a broader dialogue on oil and gas regulation
  • Kevin Lynch, Professor in Denver Law's Environmental Law Clinic, reviewed the Clinic's involvement representing the citizen group "Save Our Longmont"
  • Pete Maysmith, a Denver Law JD graduate and Director of Conservation Colorado, addressed the environmental concerns related to fracking and horizontal drilling as well as his group's advocacy of stronger regulations
  • David Neslin, former Director of the Colorado Oil & Gas Conservation Commission and now a partner at Davis Graham and Stubbs, explained the development of Colorado's regulatory regime over the past six years
  • Robert Randall, Deputy Director of the State Department of Natural Resources and one of the key players in the drafting of Colorado's 2008 fracking rules, described the state's role in oil and gas development
  • Craig Rasmuson, a senior executive at Synergy Resources Corporation that operates 284 producing wells in the Denver-Julesburg Basin, spoke about the "business" aspects of oil and gas development
  • Katerina Yared, a senior geologist for oilfield services firm Baker Hughes, discussed horizontal drilling and fracking 

  • The course involved a number of assignments, including student-led presentation simulations to a group of investors about the risks and opportunities associated with investing in several states.

    "This course represented Denver Law's on-going commitment to educate students about the real issues of our time, with the learning aspect involving the top people in this state who are associated with the issues of regulating the sector and protecting the environment," Mr. Smith said.





    Friday, November 8, 2013

    Sturm College of Law 2014 Natural Resources Distinguished Practitioner in Residence Dan Domenico Recognized at Annual Dinner

    Annual Dinner Hosting Dan Domenico
    Colorado Solicitor General Dan Domenico has been named the 2014 Sturm College of Law Natural Resources Law Distinguished Practitioner in Residence.  In this role, he will lead a hand-picked group of students as they consider the issues and opportunities associated with a natural resources law-focused legal practice.

    Mr. Domenico, a graduate of the University of Virginia School of Law, formerly served as Special Assistant to the Solicitor at the U.S. Department of the Interior. He has been Colorado's Solicitor General since 2006.

    The 2014 Distinguished Practitioner in Residence was recently honored at a dinner hosted by Denver Law Professor Jan Laitos and Carrie Noonan.

    The annual dinner, which includes former Distinguished Practitioners in Residence as well as members of Denver Law's Environmental and Natural Resources Law program faculty, welcomes the newest Distinguished Practitioner.  The Distinguished Practitioner in Residence is a prominent natural resources or environmental lawyer who has extensive experience in energy, resources, or environmental law work.

    The Distinguished Practitioner in Residence Program is now in its 24th year.  Students in the course apply to and are selected by Professor Laitos.

    Among the former Distinguished Practitioners in Residence who attended the annual dinner were:

  • Paula Campos
  • Robert D. Comer
  • Alan Gilbert
  • Howard Kenison
  • Thomas L. Sansonetti
  • Rebecca Watson

  • Wednesday, November 6, 2013

    Students Review Third Annual Renewable Energy Law and Policy Summit

    Last month, the Environmental and Natural Resources Law Program held its annual Renewable Energy Law and Policy Summit. The all day event featured over a dozen speakers and focused on renewable energy law and policy, opportunities and challenges.

    Students in Professor K. K. DuVivier's Energy Law class were sponsored to attend the event and wrote summaries of each session. The students have agreed to share their reviews of the sessions on our blog. If you are interested in a particular session, feel free to click the links below and read more about the topics!

    Third Annual Renewable Energy Law and Policy Summit Reviews


    U.S. Renewable Energy Policy During the President's Second Term: What Have We Accomplished and Where are We Going?
    ~Steve Black
    Renewable Energy in China and China-U.S. Cooperation/ Competition
    ~Jeff Logan, Adam Reed, Clay Stranger,
    Moderated by Mark Safty
    The 21st Century Electricity Grid- National Policy and Western Perspectives
    ~Linda Davis, Jennifer Gardner, Robert Henke,
    Moderated by Alex Daue
     Renewables and the Utility Sector: My Perspective
    ~Marc Manly
    After the Gold Rush: What's Next for Federal Renewable Energy? 
    ~Marcilynn Burke, Albert Ferlo, Heidi VanGenderen,
    Moderated by Rebecca Watson
    Renewable Portfolio Standards: Mixing it Up on the Energy Front
    ~John Eick, Todd Foley, Cathy Proctor,
    Moderated by K. K. DuVivier

    Friday, November 1, 2013

    BLM Auctions First Solar Rights on Public Lands

    The San Luis Valley in Colorado.
    Photo Courtesy of Pam
    For the first time, the Bureau of Land Management (BLM) is auctioning rights to develop solar power on public lands. Preliminary applications had suggested that five companies were interested in obtaining permits in the San Luis Valley and there were another 27 inquiries interested in more information about the parcels. Based on that data, the BLM scheduled an auction for 3,700 acres of land in the valley.

    However, no one showed up to the first auction last week. BLM officials see this as the continued impact of uncertainties within the federal regulatory system as well as within the solar market. They are still confident in the viability of solar development on BLM lands.

    The BLM created 19 solar zones in six western states that are targeted for fast-track development. The decision to designate the areas for fast-track development was based on the geographical context. In these areas, access to transmission currently exists and they are not in environmentally sensitive areas.

    BLM officials will move forward with the parcel auctions. It is hoped that once the uncertainties of government regulation and market factors are more predictable, interest and demand for solar development in these areas will increase.

    For more information, visit the BLM website.

    Wednesday, October 30, 2013

    Cindy Jennings, ENRGP Alum to Teach Corporate Responsibility Course

    Cindy Jennings, President of Volition Strategies, a sustainability strategy consulting firm, will be teaching a course for ENRGP in the 2014 spring semester. In her work, Cindy has assisted with numerous food and beverage ingredient companies to develop leaner, more responsible supply chains and operations. In addition, Cindy is well-connected to the local sustainability and corporate responsibility community. She serves on the boards and committees of Colorado Cleantech Industry Association Policy Committee, Cleantech Open Sustainability Chair, Women in Sustainable Energy Board among other nonprofit and trade associations in which she participates.

    Cindy graduated from ENRGP with her Master of Resources Law Studies degree. We are more than happy to welcome her back to the program as an Adjunct Professor for the spring 2014 semester! Cindy will teach Strategic Corporate Responsibility Reporting. The course will cover the structure of one of the leading reporting frameworks, the Global Reporting Initiative, but more importantly, the thought processes and procedures involved in creating a material, relevant report that is meaningful to internal and external stakeholders of an organization.

    The class provides an exciting opportunity to gain real experience by partnering with a local energy company interested in determining their sustainability strategy and performance indicators. Students will be able to participate in a 'live lab' during class. Company representatives will be available both in class and between the weekend classes to provide a rich learning experience. The objective is to prepare students to be able to lead the process themselves within their own organization or for client organizations.

    The course will also consist of legal discussion blended with business discussion as the class looks at the impacts of the Clean Water, Clean Air, Sarbanes-Oxley and Dodd Frank Acts (among others) on today's organizations. Students will identify the risks, opportunities and complexities that these laws create for industry as well as within the live lab company.

    Cindy shared the following about her course: "A corporate responsibility (CR) report, if done well, is the end result of strategic thinking and commitment to improving an organization's operations, community and industry position, and management transparency."

    Please consider adding Cindy's Strategic Corporate Responsibility Reporting course to your spring schedule!


    Sunday, October 27, 2013

    Don Smith, Editor of the Journal of Energy & Natural Resources Law, Presents Annual Editorial Report to International Bar Association

    Don Smith, Director of Denver Law's Environmental and Natural Resources Law Program, met recently with the officers of the International Bar Association's Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL).

    Mr. Smith, who is editor of SEERIL's flagship peer-reviewed publication the Journal of Energy &Natural Resources Law (JERL), presented his Annual Editorial Report to the SEERIL officers. The meeting took place at  the IBA's Annual Meeting in Boston.

    Among his comments to the officers were:
    • During 2012, JERL was published in March, June, August, and December
    • Twenty articles and five book reviews were published
    • Authors from every corner of the world were published
    • A special section was commissioned to celebrate the 30th anniversary of JERL, which was launched in the United Kingdom in the early 1980s
    JERL continues to be one of the most prestigious publications of its kind with 2,500 subscribers from around the world. Its international perspective allows authors and readers to better understand the key issues related to energy and natural resources and the intersection of these two topics.

    For more information about the journal please click here.

    Saturday, October 26, 2013

    Rocky Mountain Mineral Law Foundation to Hold Special Institute on Renewable Energy November 7-8 in Las Vegas

    The Rocky Mountain Mineral Law Foundation (RMMLF) will sponsor a Special Institute on "Renewable Electric Energy: Law, Development, and Investment," in Las Vegas on November 7-8, 2013

    The Special Institute will examine state and federal policies and regulations driving development of renewable power projects, and discuss project management as a coordinated whole. Among those associated with Denver Law who are involved with the Special Institute include Professor K.K. DuVivier, Adjunct Professor Bob Noun, Adjunct Professor Mark Safty, and former Practitioner in Residence Rebecca Watson.

    Don Smith, Director of the Environmental & Natural Resources Law program at Denver Law said, "There is no finer organization when it comes to issues related to natural resources than the Rocky Mountain Mineral Law Foundation.  Their conferences are second to none.  Denver Law is delighted to co-sponsor this important conference."

    More information about the Special Institute can be found by clicking here.

    Denver Law is a constituent organization of the RMMLF.