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Rocky Mountain MineRal law co-sponsored with Foundation Institute for Energy Law www.rmmlf.org The Center for American & International Law 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, Energy Transition - Issues of Scale, Jurisdiction, interdisciplinary, and interconnected than the end-of-the-pipe and Implementation regulatory approaches of the 20th century. It is not surprising, 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 Speakers to be Announced School HANNAH WISeMAN, University of Tulsa College of Law 12:30-2:00pm - Hosted Luncheon TIMOTHY A. JOHNSON, Bonneville Power Administration, Portland, Oregon The Columbia River Gorge and Natural Resources Law: A Centennial View The Columbia Gorge has played an important, although largely 10:45-11:00am - Break 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 dams authorized by the 1964 Treaty; the Northwest Power and JeSSICA OWLeY, SUNY Buffalo Law School 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- ernance, formed by representatives of the University of Idaho, WILLIAM WeeKS, Indiana University, Maurer School of Oregon State University, the University of Washington, the Law (invited) University of Montana, and the University of British Columbia to provide a forum for an informal cross-border dialogue. The 5:00–7:00pm - Dinner – On Your Own panel will discuss the studies and dialogue underway in the basin in anticipation of a decision in 2014. BARBARA COSeNS, Moderator, University of Idaho College 7:00-9:00pm of Law Teaching Tips and Strategies for Covering Environmental Phase I Studies Justice and Climate Change NANCY STePHAN, Project Manager – Columbia River Professors will discuss strategies and insights for teaching en- Treaty 2014/2024 Review, Bonneville Power Administration, vironmental justice theory and climate change and in a clinical Portland, Oregon setting. Issues may include clinical work with eJ communi- 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 HeATHeR MATTHeWS, BC Hydro, Burnaby, vancouver, California’s climate legislation. All participants are encour- British Columbia, Canada aged to bring materials to share and to discuss, including problems, simulations, and syllabi that respond to current and interdisciplinary challenges. Commentators eILeeN GAUNA, University of New Mexico School of Law JOHN SHURTS, General Counsel, Northwest Power and Conservation Council, Portland, Oregon MICHAeL R. HARRIS, University of Denver Sturm College of Law KINDY GOSAL, Director – Water and environment, Colum- bia Basin Trust, Golden, British Columbia, Canada ADAM BABICH, Tulane University School of Law CLIFFORD L. ReCHTSCHAFFeN, Golden Gate University School of Law (invited) The Role of Universities in an International Water Negotiation AARON WOLF, Oregon State University, Member of the Universities Consortium on Columbia River Governance 3:45-4:00pm - Break 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 10:10–10:20am - Break 8:30-9:20 Local to Global and Back: Facilitating Multiple Scale Management and Protection of Ecosystems and Species 10:20-11:10am This presentation will explore opportunities for enhancing the con- No Controlling Authority: The Use of Public Lands for nections between international legal activity and national and local Carbon Sequestration 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- cal and global resource conservation going forward. eRIC L. MARTIN, Stoel Rives LLP, Portland, Oregon ANNeCOOS WIeRSeMA, University of Denver College of Law 11:10-Noon 9:20-10:10am ESA on the Hot Seat: Climate Change, Species, and Petroleum NAFTA, the Mining Law of 1872, and Environmental Protection Over the past few years, climate change, endangered species, and oil 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 powers of the state and federal governments to protect the environ- RYAN P. STeeN, Stoel Rives LLP, Seattle, Washington ment and Native American sites. The decision has significant Noon - Adjournment 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 from each paid 2011 RMMLF Member Law School. Speak- Paid 2010 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 (please print) Pace University Penn State Name: Royal Institute of Technology Santa Clara University School: South Texas College of Law Southern Illinois University Address: Southern Methodist University St. Mary’s University of San Antonio Texas Tech University University of Alberta Phone: Fax: University of Arizona University of Calgary University of California E-Mail 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 Westminster, CO 80031 University of Montana University of Nebraska-Lincoln University of Nevada-Las Vegas or fax to 303-321-7657 University of New Mexico University of North Dakota University of Oklahoma or e-mail to email@example.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# Application Approved Is your 2011 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) 321-8100 ReGISTeR OnLIne Fax: (303) 321-7657 Please pay in U.S. Dollars at www.rmmlf.org Registrations Received Questions: thru 4/15/11 after 4/15/11 firstname.lastname@example.org Registration Fee p $265 p $365 Field Trip (optional) p $45 p $65 For membership TOTAL $ _______ $ _______ information, contact p 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 S# p VISA p MasterCard p American Express INIT Credit Card # Exp. Date REFDT Name on Card CK# AMT Signature INIT p Electronic Transfer: Contact the Foundation at email@example.com The Rocky Mountain Mineral Law Foundation is a non-profit, tax-exempt corporation (Tax ID #84-6037688). 15th InstItute for skamanIa lodge natural resources law 1131 SW Skamania Lodge Way Stevenson, WA 98648 teachers tel 509-427-7700 fax 509-427-2547 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 509-427-7700. 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 800-221-7117. 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 Car Rental: Hertz is offering special discounts by referencing Meeting Cv#03NJ0006 CLE Credit: The sponsors will supply a CLe form and agenda that can be sent to any and Rocky Mountain Mineral Law Foundation. Make reservations at www.hertz.com state for an attendee to receive CLe credit for this Institute. or call 800-654-2240 (U.S.); 800-263-0600 (Canada); or 405-749-4434 (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, 503-249-1837. 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- istrations will be accepted only when accompanied by a check, money order, gov- Tax Deduction: education expenses (including registration fees and travel costs) are ernment purchase order or training form, credit card information, or wire transfer deductible in the U.S. if they improve or maintain professional skills. Treas. Reg. confirmation. No registrations can be processed without payment. § 1.162-5. Registration Cancellations: Refunds, less a $50 administrative fee, will be given for Cellular Telephones: Incoming ringing cellular calls are prohibited in the cancellations received by 3:00pm on Monday, May 9, 2011. No refunds will be given lecture room. 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 303-321-8100.
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