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Natural Resources Law Teachers


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									                Rocky Mountain MineRal law                                                                       co-sponsored with
                                                                                        Institute for Energy Law                                                       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
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
                                                                   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.
                                                                   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
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
9:20-10:10am                                                              ESA on the Hot Seat: Climate Change, Species, and
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
                                      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
                                                                  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                   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

   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
                                                            Phone (          )                                Fax (       )
                                                                          (required for confirmations, advance registration list, and program updates)

                                                            Spouse/Guest Badge Name
                    MAIL or FAX to:
                    Rocky Mountain

                    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                             Registrations Received
                    Questions:                                                                                                thru 4/15/11 after 4/15/11
                                                             Registration Fee                                                  p $265           p $365

                                                             Field Trip (optional)                                             p    $45         p    $65
                           For membership                    TOTAL                                                            $ _______         $ _______
                                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)
                    S#                                       p    VISA           p MasterCard     p American Express
                    INIT                                      Credit Card #                                                        Exp. Date
                                                              Name on Card
                    AMT                                       Signature
                    INIT                                     p Electronic Transfer: Contact the Foundation at

                                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

                Complete information on Skamania Lodge can be found at 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.

                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 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.

                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

                                                    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            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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