Project Manager University
Resume:
Rocky Mountain MineRal law co-sponsored with
Foundation
Institute for Energy Law
The Center for American & International Law
www.rmmlf.org
Section of Environment, Energy & Resources
American Bar Association
Fifteenth Institute for
Natural Resources
Law Teachers
Skamania Lodge
May 25-27, 2011
Stevenson, Washington
Columbia River Gorge Field Trip
Wednesday, May 25, 2011
On this field trip, we ll visit key places within the near Maryhill Museum. Throughout the day we'll hear
majestic Columbia River Gorge, the home of a about the history, geology, and natural resources of the
10,000-year-old Native American culture and a mod- mighty Columbia, and examine the difficulties inherent
ern object lesson on the promise and perils of renew- in managing and protecting these resources in a warm-
able energy development. We will tour a powerhouse ing world. We ll discuss laws dealing with wildlife, land
and fish ladder at Bonneville Dam to explore tradeoffs use, water resources, and energy, as well as learn about
between carbon-free electrical generation and conserva- the unique Columbia River Gorge National Scenic Area
tion of salmon and other native wildlife; have a picnic Act. If time permits, we ll also stand in the mist of a
lunch and discuss Native American natural resource use waterfall over three times higher than Niagara.
and management issues near the site of Celilo Falls, a
traditional gathering and trading place for tribes from LIN HARMON, Lewis & Clark Law School
the Great Plains to the coast, now submerged by The DANIeL ROHLF, Lewis & Clark Law School
Dalles Dam; and visit a wind energy generation farm MARY C. WOOD, University of Oregon School of Law
Guest tickets for the field trip will be available on a space-
available basis. Adults only. You will be notified about two
weeks before the conference if seats for guests are available.
15th Institute for
Natural Resources Law Teachers
Thursday Morning, May 26, 2011
8:45-9:00am 11:00am-12:30pm
Introductions and Opening Remarks From Socrates to the Intergovernmental Panel on Climate
Change: Effective Teaching Techniques in the 21st Century
FeDeRICO CHeeveR, Program Chair; University of Denver
Environmental and Natural Resources Law Curriculum
Sturm College of Law
While Socratic dialogue sufficed for Professor Kingsfield,
law teachers today need to convey concepts in environmental
9:00-10:45am and natural resources law that are increasingly more complex,
interdisciplinary, and interconnected than the end-of-the-pipe
Energy Transition - Issues of Scale, Jurisdiction,
regulatory approaches of the 20th century. It is not surprising,
and Implementation
therefore, that we increasingly need to go beyond casebook
Renewable energy sources continue to provide an increasing lectures to help our students understand how the law deals with
amount of power to our electricity system. However, several 21st century problems such as climate change, invasive species,
impediments stand in the way of broadly transforming the elec- and tradeoffs inherent in different types of energy production.
tricity sector. For example, siting disputes often delay develop- This panel will include information about how students learn,
ment of renewable energy generation facilities. In addition, the how to incorporate experts from other disciplines into the law
most effective state strategies for increasing renewable energy classroom, and how master law teachers inform and inspire
investment and production likely intrude on federal supremacy their students. The goal of this session is to provide and share a
and may raise other jurisdictional concerns. Finally, integrating range of classroom techniques that will bring environmental and
renewable resources into the existing transmission grid presents natural resources law to life and actively engage students in the
a range of practical and technical hurdles. This panel will types of learning, critical thinking, and creative problem-solving
explore these challenges and present suggested solutions to ease they will need to tackle modern environmental challenges and
the transition to a renewable energy system. opportunities.
MeLISSA POWeRS, Lewis & Clark Law School DANIeL ROHLF, Moderator, Lewis & Clark Law School
ALexANDRA B. KLASS, University of Minnesota Law ReBeCCA BRATSPIeS, CUNY School of Law
School
DAvID M. DReISeN, Syracuse University College of Law
HANNAH WISeMAN, University of Tulsa College of Law
ALexANDRA B. KLASS, University of Minnesota Law
TIMOTHY A. JOHNSON, Bonneville Power Administration, School
Portland, Oregon
LeSLeY K. McALLISTeR, University of San Diego School of
Law
Break
10:45-11:00am -
12:30-2:00pm - Hosted Luncheon
The Columbia River Gorge and Natural Resources Law: A
Centennial View
The Columbia Gorge has played an important, although largely
unnoticed, role in natural resources law. This talk will describe
the Gorge as a site, over the last century, for the development
of Indian treaty fishing rights law, energy law, land use law,
endangered species law, and takings law.
MICHAeL C. BLUMM, Lewis and Clark Law School
15th Institute for
Natural Resources Law Teachers
Thursday Afternoon, May 26, 2011
2:00-3:45pm 4:00-5:00pm
Columbia River International Governance Climate Change and Private Land Conservation
Joint international operation of the Columbia River for the pur- In the spring of 2011, faculty members at six universities The
poses of hydropower production and flood control is governed State University of New York Buffalo, The University of Den-
by a 1964 treaty between the U.S. and Canada. Certain of the ver, Stanford University, Indiana University, The University
flood control provisions expire in 2024, and either country of South Carolina, and The University of Wisconsin joined
must provide ten years notice should it seek to terminate the together to offer interdisciplinary seminars assessing the poten-
treaty. Thus, efforts are underway in the basin to understand tial effect of changing conditions, including climate change, on
and predict changes within the basin and to determine whether conservation easements and the millions of acres in the U.S.
those changes warrant modification of the treaty. This panel currently encumbered by them.
will include representatives of the entities appointed to oper- Seminar instructors will discuss the impetus and structure of
ate the dams: Bonneville Power; BC Hydro; the U.S. Army this inter-university, interdisciplinary, investigative seminar
Corps of engineers; the Columbia Basin Trust, organized by and any preliminary observations and conclusions.
the communities and First Nations in Canada affected by the
JeSSICA OWLeY, SUNY Buffalo Law School
dams authorized by the 1964 Treaty; the Northwest Power and
Conservation Council, formed under federal authorization by MeNKA BIHARI, Postdoctoral Research Associate, Depart-
Oregon, Washington, Idaho, and Montana to handle energy ment of Forest and Wildlife ecology, University of Wisconsin-
planning and coordinate fish and wildlife restoration in the ba- Madison
sin; and the Universities Consortium on Columbia River Gov-
WILLIAM WeeKS, Indiana University, Maurer School of
ernance, formed by representatives of the University of Idaho,
Law
Oregon State University, the University of Washington, the
University of Montana, and the University of British Columbia
to provide a forum for an informal cross-border dialogue. The
Dinner On Your Own
5:00 7:00pm -
panel will discuss the studies and dialogue underway in the
basin in anticipation of a decision in 2014.
7:00-9:00pm
BARBARA COSeNS, Moderator, University of Idaho College
of Law Teaching Tips and Strategies for Covering Environmental
Justice and Climate Change
Phase I Studies
Professors will discuss strategies and insights for teaching en-
NANCY STePHAN, Project Manager Columbia River
vironmental justice theory and climate change and in a clinical
Treaty 2014/2024 Review, Bonneville Power Administration,
setting. Issues may include clinical work with eJ communi-
Portland, Oregon
ties in Colorado (specifically coal-plant litigation), eJ/climate
MATTHeW ReA, Program Manager, Columbia River Treaty
issues related to Hurricane Katrina and the Deepwater Horizon
2014/2024 Review, U.S. Army Corp of engineers, Portland,
blowout, as well as the litigation over the impending loss of
Oregon
Kivalina Island to rising sea levels, and eJ issues arising under
California s climate legislation. All participants are encour-
aged to bring materials to share and to discuss, including
Commentators
problems, simulations, and syllabi that respond to current and
JOHN SHURTS, General Counsel, Northwest Power and interdisciplinary challenges.
Conservation Council, Portland, Oregon
eILeeN GAUNA, University of New Mexico School of Law
KINDY GOSAL, Director Water and environment, Colum-
MICHAeL R. HARRIS, University of Denver Sturm College
bia Basin Trust, Golden, British Columbia, Canada
of Law
ADAM BABICH, Tulane University School of Law
The Role of Universities in an International Water Negotiation
AARON WOLF, Oregon State University, Member of the
Universities Consortium on Columbia River Governance
Break
3:45-4:00pm -
15th Institute for
Natural Resources Law Teachers
Friday Morning, May 27, 2011
8:00-8:30am implications for future mineral investment, mine development, cul-
tural site, and environmental protection in North America.
Breaking News and Hot Topics
ALLAN INGeLSON, University of Calgary Faculty of Law
To Be Announced
Break
10:10 10:20am -
8:30-9:20
Local to Global and Back: Facilitating Multiple Scale
Management and Protection of Ecosystems and Species 10:20-11:10am
No Controlling Authority: The Use of Public Lands for
This presentation will explore opportunities for enhancing the con-
Carbon Sequestration
nections between international legal activity and national and local
activity to manage and protect ecosystems and species. Domestic Federal and state governments are grappling with means of facilitat-
natural resources lawyers need to pay attention to what is happen- ing the sequestration of carbon dioxide in geologic formations. Such
ing at different jurisdictional scales, including what is happening in projects appear technically feasible, although costly, and may be
international law. A closer look at how international treaties actually required if the U.S. is to reach its greenhouse gas reduction goals
operate could give such domestic lawyers a better picture of how the while producing enough energy to keep the economy running. How-
work of those treaties could facilitate resource management deci- ever, carbon sequestration projects require the use of subsurface rock
sions at the local level. examples include addressing how activity formations under large contiguous blocks of land. In western states
conducted under the auspices of the Ramsar Convention on Wetlands particularly, this will be difficult, if not impossible, to accomplish
translates (or not) to the management, development, and protection without including large tracts of public land owned by the federal
of wetlands domestically, how the lessons learned from domestic government. This presentation will examine existing authority for
management of wetlands translate to what is done at the meetings such use, and the relationship between carbon sequestration, mineral
of parties to the Ramsar Convention on Wetlands, and how we can development statutes, and existing regimes for wind and solar
improve these connections. The presentation will also assess how development. Alternative approaches for carbon sequestration use
changes in how we teach and think about natural resources law and will be discussed, analyzing which approach could result in early
environmental law can facilitate more multi-scale thinking, leading implementation.
to more of the kind of vertical connections that are necessary for lo-
eRIC L. MARTIN, Stoel Rives LLP, Portland, Oregon
cal and global resource conservation going forward.
ANNeCOOS WIeRSeMA, University of Denver College of Law
11:10-Noon
ESA on the Hot Seat: Climate Change, Species, and
9:20-10:10am
Petroleum
NAFTA, the Mining Law of 1872, and Environmental
Over the past few years, climate change, endangered species, and oil
Protection
and gas development have received a significant amount of atten-
After spending $15 million on exploration and development on tion in the regulatory arena, the courts, and the popular press. The
federal lands in California, and failing to secure approval from the
intersection of these three subjects came to a head with the U.S. Fish
federal government to produce gold from the deposit, a Canadian & Wildlife Service s listing of the polar bear as a threatened species
mine developer claimed compensation as a foreign investor for a in May 2008. That listing decision, and its accompanying regula-
regulatory taking under the North American Free Trade Agreement tions, triggered a tidal wave of lawsuits by environmental advocacy
(NAFTA). The mine developer argued that in light of the historic groups, various industry interests, Alaska Native interests, the State
free access self-initiation system of the Mining Law of 1872, delay of Alaska, and hunting organizations. The overarching policy issue
by the BLM in deciding whether to approve a reasonable mine presented by the polar bear listing and litigation is: Can, or should,
plan, combined with new State of California backfilling and recla- the endangered Species Act be used as a vehicle to address green-
mation requirements for environmental protection, amounted to dis- house gas emissions and climate change on a national scale? This
criminatory measures, contrary to articles 1110 and 1105 of NAFTA. presentation will provide an update on the status of the polar bear
The company argued that retroactive California state environmental listing litigation and will also examine the Service s related designa-
protection requirements targeted at the project had destroyed the tion of critical habitat for the polar bear. This presentation will also
economic viability of the project and rendered the mining property explore the ramifications of the polar bear eSA developments on
worthless. The NAFTA tribunal concluded that as the gold property oil and gas exploration, development, and production on the North
retained some value, no taking had occurred. In the Glamis dispute, Slope as well as the relevance of those developments in the broader
the pro-investment North American Free Trade Agreement was not context of climate change and oil and gas development nationwide.
used as a sword against regulation to undermine the regulatory
RYAN P. STeeN, Stoel Rives LLP, Seattle, Washington
powers of the state and federal governments to protect the environ-
ment and Native American sites. The decision has significant
Adjournment
Noon -
FIFTeenTH AnnuAL InSTITuTe FOR nATuRAL ReSOuRCeS LAW TeACHeRS
May 25-27, 2011
TRAveL ReIMBuRSeMenT FORM
We are offering a $250 travel reimbursement to one registrant
Paid 2010
from each paid 2011 RMMLF Member Law School. Speak-
ers and panelists are elibigle for this same reimbursement, in RMMLF Member
addition to the one registrant from each school. If you or your Law Schools
school can absorb your expenses, please accept our thanks.
Requests for reimbursement (receipts for airfare and hotel
Arizona State University
required) must be received by RMMLF no later than June Brigham Young University
15, 2011. Reimbursement cannot be provided without Chapman University
documentation. Colorado School of Mines
Creighton University
Gonzaga University
Lewis & Clark Law School
McGeorge School of Law
Pace University
(please print)
Penn State
Royal Institute of Technology
Name:
Santa Clara University
South Texas College of Law
School:
Southern Illinois University
Southern Methodist University
Address:
St. Mary s University of San Antonio
Texas Tech University
University of Alberta
University of Arizona
Phone: Fax:
University of Calgary
University of California
University of Chicago
University of Colorado
University of Denver
June 15, 2011 - DeADLIne TO SuBMIT ReCeIPTS University of Dundee
University of Georgia
University of Houston
mail to University of Idaho
Rocky Mountain Mineral Law Foundation University of Iowa
9191 Sheridan Blvd., Suite 203 University of Kansas
University of Montana
Westminster, CO 80031
University of Nebraska-Lincoln
University of Nevada-Las Vegas
or fax to 303-***-**** University of New Mexico
University of North Dakota
University of Oklahoma
or e-mail to abppfj@r.postjobfree.com University of Oregon
University of Texas
SuBMIT THIS FORM WITH YOuR ReCeIPTS University of Tulsa
University of Utah
University of Washington
University of Wyoming
Vermont Law School
Washburn University
Western State College
For Office Use Only
Willamette University
Wonkwang University
S#
Is your 2011
Application Approved
Annual Membership paid?
Total: $ (RECEIPTS REQUIRED)
PROGRAM COMMITTee
FEDERICO CHEEVER, Program Chair, University of LIN HARMON, Lewis & Clark Law School
Denver, Sturm College of Law AMY K. KELLEY, Gonzaga University School of Law
BARBARA COSENS, University of Idaho College of Law MELISSA POwERS, Lewis & Clark Law School
JOHN R. JACUS, Davis, Graham & Stubbs LLP, Denver DANIEL ROHLF, Lewis & Clark Law School
Please type or print legibly
15th Institute for
natural Name
Resources Badge Name (if different from above)
Law Teachers Employer
Mailing Address
City/State/Zip
Phone Fax E-Mail
(required for confirmations, advance registration list, and program updates)
Spouse/Guest Badge Name
MAIL or FAX to:
Rocky Mountain
ReGISTRATIOn FORM
Mineral Law Foundation
9191 Sheridan Blvd., Ste. 203
Westminster, CO 80031 USA
Tel: 303-***-****
ReGISTeR OnLIne
Fax: 303-***-**** Please pay in U.S. Dollars
at www.rmmlf.org Registrations Received
thru 4/15/11 after 4/15/11
Questions:
abppfj@r.postjobfree.com
Registration Fee p $265 p $365
Field Trip (optional) $45 $65
p p
For membership TOTAL $ $
information,
p
contact I wish to reserve place(s) on the field trip for my guest(s).
the Foundation You will be notified about two weeks before the
conference if seats for guests are available.
PAYMenT InFORMATIOn - PRePAYMenT ReQuIReD
Office Use Only p Check drawn on a U.S. bank (payable to RMMLF in U.S. Dollars)
NRLT11
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p
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The Rocky Mountain Mineral Law Foundation is a non-profit, tax-exempt corporation (Tax ID #84-6037688).
15th InstItute for
natural resources law
skamanIa lodge
1131 SW Skamania Lodge Way
teachers
Stevenson, WA 98648
tel 509-***-****
fax 509-***-****
Travel
Complete information on Skamania Lodge can be found at www.skamania.com. Information on location and directions is also on this
website. Portland, Oregon is the closest airport to Skamania, around 45 minutes drive. A car rental is the best way to get from the airport
to the Lodge, and Hertz is offering discounts (see the general information below). We will put together a social networking site for this
conference to allow attendees to connect and possibly to make carpooling arrangements. Shuttle service is also available. See below.
Dining
Skamania Lodge has several dining options, from their award-winning Cascade Room, serving Pacific Northwest Cuisine with an exten-
sive wine list, to the River Rock, for a lighter fare menu with optional outdoor patio dining. Reservations can be made at
509-***-****. In-room dining is also available.
Lodge Amenities
Guests at the Lodge receive the following items complimentary: Access to the Technology Room, onsite hiking trails, adult street bikes,
fitness center, swimming pool, jacuzzis, saunas, and outdoor hot tub; free local calls; tennis and basketball court time; wireless internet,
USA Today, and coffee makers, iron, hair dryers, and robes in guest rooms. Rooms that can accommodate pets are available for an addi-
tional $50 fee per stay (limited number; first-come, first-served). For an extra fee, there is an 18-hole golf course, the Waterleaf Spa, and
nearby whitewater rafting.
Room Reservations
You can make a reservation online at www.skamania.com or call 800-***-****. Refer to group code NRLT . A one night deposit will
be required for each reservation, refundable if cancelled at least one week before the conference.
Forest view Rooms $149/night
River view Rooms - $189/night
River view Deluxe Room - $219/night
Please make room reservations as soon as possible. We have a block of rooms reserved for the nights of Tuesday, Wednesday, and Thurs-
day. If you plan to stay Friday or Saturday night (Memorial Day weekend), Skamania is offering rooms at our group rate, but only on a
space available basis. So book early, especially if you want extra nights at the resort.
Room rates include the $14/night resort fee, but do not include a separate 98 cent tax on that fee, which is rounded up on the website (but
not on your final bill) as well as a National Forest Foundation donation of $1 per night, which, although optional, is added on the website.
It can be refunded to your bill upon request at check-out. Also not included is a 7% Washington State sales tax, plus a 2% local occupan-
cy tax, both of which are rounded up on the website to the closet dollar. However, they will be totaled correctly on your final bill.
Materials
In the spirit of environmental consciousness for this conference, all available papers, PowerPoint presentations, and speaker bios will be
accessible on the Foundation s website starting two weeks before the meeting. Some brief written handouts may be distributed at the
course.
GENERAL INFORMATION
CLE Credit: The sponsors will supply a CLe form and agenda that can be sent to any
Car Rental: Hertz is offering special discounts by referencing Meeting Cv#03NJ0006
state for an attendee to receive CLe credit for this Institute.
and Rocky Mountain Mineral Law Foundation. Make reservations at www.hertz.com
or call 800-***-**** (U.S.); 800-***-**** (Canada); or 405-***-**** (International).
Recording: Audio or video recording of this course is not permitted, except with the
Shuttle Service: Shuttle service is available from the Airport to Skamania Lodge for express permission of the Foundation.
about $65 each way. Contact Blue Star Shuttle, 503-***-****.
Special Needs: If you have special needs addressed by the ADA, please notify us at
Registration Fees: Include course materials, refreshments, and hosted functions as least two weeks before the program.
listed in this brochure. These fees do not include hotel costs or transportation. Reg-
Tax Deduction: education expenses (including registration fees and travel costs) are
istrations will be accepted only when accompanied by a check, money order, gov-
deductible in the U.S. if they improve or maintain professional skills. Treas. Reg.
ernment purchase order or training form, credit card information, or wire transfer
1.162-5.
confirmation. No registrations can be processed without payment.
Cellular Telephones: Incoming ringing cellular calls are prohibited in the
Registration Cancellations: Refunds, less a $50 administrative fee, will be given for
lecture room.
cancellations received by 3:00pm on Monday, May 9, 2011. No refunds will be given
thereafter, although substitution of attendees may be made by contacting RMMLF.
A written request must follow a telephone cancellation. Registrants not entitled to a
refund will receive an online link to the written materials. For questions on refunds,
complaints, and/or program cancellations, please contact our office at 303-***-****.
Contact this candidate