Comparative Environmental Law
This course compares and
contrasts the domestic environmental law regimes of five countries (Chile,
China, India, Nigeria, US) and one supranational organization (EU). Domestic
environmental law is a widely expanding field. It is relevant in a broad
range of activities including policy development as well as evaluating
potential and existing business and commercial arrangements. On the other
hand, comparative law is a method of examining different legal systems,
institutions, and problems. In this course, the aim of a comparative approach
is to gain insights regarding and make observations about legal matters
involving environmental issues that would be limited if considered only in the
context of one country’s approach. Comparison in this manner is often an
extremely effective way of reaching a better understanding, not only of issues
generally but of a particular country’s system and its possibilities and
limitations.
Issues in particular that
are considered:
Key drivers, including
topical events that influence environmental issues in the various countries
How environmental policy is made
Relationship of environmental policy vis-à-vis other policies (e.g.,
economic development)
Specific environmental laws/regulations covering, e.g., air, waste, and
water pollution
Remedies
Enforcement
Economics of Natural Resources Investment & Finance
The course deals with the basic concepts of financial
evaluation topics and issues relevant to a lawyer's participation in a project. Students
are introduced to the concepts of the time value of money, spreadsheet analysis,
discounted cash flow, internal rate of return, payback, and profitability measures.
Students should obtain sufficient knowledge to prepare simple financial evaluation
spreadsheets and to understand their usefulness in structuring and negotiating deals.
Three semester hours.
Energy Law
The regulation of production, conversion, transportation,
distribution and pricing of fossil, hydroelectric, nuclear and other conventional sources
of primary energy; the regulation of inexhaustible, renewable energy resources, including
energy from the sun, wind, biomass, oceans, earth (geothermal), and rivers (low-head
hydroelectric). Emphasis on new legislative and judicial development relating to coal,
petroleum, natural gas, hydroelectric and nuclear sources, on related international
environmental and taxation considerations, and administrative and common law responses to
new technologies that use and disseminate power from sun, wind, biomass, ocean,
geothermal, and river resources. Three semester hours.
Environmental Ethics and Justice
This course focuses on comparing and contrasting the domestic environmental law regimes of five countries (Chile, China,
India, Nigeria, US) and one supranational organization (European Union). Domestic environmental law is a widely expanding field. It is relevant in a broad range of
activities including policy development as well as evaluating potential and existing business and commercial arrangements. On the other hand, comparative law is a
method of examining different legal systems, institutions, and problems. In this course, the aim of a comparative approach is to gain insights regarding and make
observations about legal matters involving environmental issues that would be limited if considered only in the context of one country’s approach. Comparison in this
manner is often an extremely effective way of reaching a better understanding, not only of issues generally but of a particular country’s system and its possibilities
and limitations.
Environmental
Law
The major federal laws and programs for environmental
protection, such as the National Environmental Policy Act, Clean Water Act, Clean Air Act,
Toxic Substances Control Act, Resource Conservation and Recovery Act, wildlife laws,
landform preservation laws, and public resource laws. Federal laws are compared to common
law remedies. Issues of economics and technology are explored, as are tactics of
environmental litigation, legislative lobbying, and administrative agency enforcement.
Administrative Law is recommended, but not required. Three semester hours.
Environmental Law Clinic
The Environmental Law Clinic is a joint
undertaking of the Law School and the Center for Biological Diversity.
The Center is perhaps the most successful litigation environmental group in
the nation, winning approximately 85% of its cases. The Center is
dedicated to the preservation, protection and restoration of biodiversity,
native species, ecosystems and public lands. Clinic students help handle
Federal Court litigation under the Endangered Species Act, National
Environmental Act, Federal Land Policy and Management Act, National Forest
Management Act, the Wilderness Act and other federal environmental statutes.
The clinic emphasizes hands-on legal work to the extent possible and strives
to expose students to career opportunities in public interest environmental
law. The clinic is designed to serve as a capstone experience to law
students specializing in environmental law, who have taken appropriate
courses, and desire to practice what they have learned before leaving the
school.
Environmental Law Seminars: Wildlife Law
The course covers Federal Wildlife Law including the constitutional underpinnings of Federal Wildlife Law and focuses on the
Endangered Species Act with some coverage of the Migratory Bird Treaty Act, Marine Mammal Protection Act and similar laws. The course focuses on new approaches to
species and habitat preservation, paying particular attention to Colorado species. Three semester hours.
Hazardous
Waste & Toxic Substances Law
The course focuses exclusively on the different aspects of
toxic and hazardous waste law by studying the dominant statutory materials. It provides
the student with a thorough background in both the legal and political issues commonly
seen in toxic and hazardous waste law. The course concentrates on the practical legal
dimensions of this growing subspecialty of environmental law. Prerequisite: Environmental
Law or Natural Resources Law. Three semester hours.
Indian
Law
Beginning with a historical overview of Indian
law, the course focuses on the complex set of laws and rules governing
jurisdiction on the reservation, including tribal rights and authority,
extension by states of jurisdiction within reservations, and federal laws and
policies which affect Indian life. Topics include Indian treaties; hunting,
fishing, and gathering rights; land claims; water rights; the Indian Civil
Rights Act of 1968; the civil rights of Indians both on and off the
reservation; the federal government's "trust responsibility;" criminal
jurisdiction; civil jurisdiction; and tribal sovereignty. Three semester
hours.
Indian Law Seminar
Each year a
specialized topic is selected to be taught in a seminar format. Past topics
have included Gaming,
Water Rights, Natural Resources, and so forth. Three semester hours
International and Comparative Mining Law & Policy
The basic concepts of mineral law, as practiced in various
jurisdictions, including exploration, mining, and environmental protection and reclamation
issues. Focus on current evolution of mining legislation, mineral investment agreements,
major actors and their legal and policy status. Students will develop an understanding of
the general approaches, legal frameworks, policies, and agreements used to regulate the
mining industry in key jurisdictions outside the United States. Three semester hours.
International and Comparative Petroleum Law &
Policy
The basic concepts of international law relating to
petroleum investment, current elements of petroleum legislation, and petroleum investment
agreements (production-sharing, joint venture, service, concession, management contracts),
including dispute settlement. Review of the major actors (international petroleum
companies, state petroleum enterprises, and government agencies) and their legal and
policy status. Focus on understanding general approaches, policies, and agreements used to
regulate the petroleum industry in key selected jurisdictions outside the United States.
Three semester hours.
International Business Transactions
The core course for students interested in the
transactional part of international business. It addresses the legal problems faced by
individuals and business enterprises in international commercial transactions. It
introduces the student to basic concepts related to the conduct of business in the world
community. Subjects covered include: forms of international business; agreements for the
international trading of goods; financing the international trading of goods; imports;
exports; transfer of technology; doing business with developing countries; and non-market
economics. Two semester hours.
International Business Transactions:
Finance
International Business Transactions (Fed.
Reg.)
Federal regulation will examine the ability of the federal government
to control international trade. The focus of the course will be U.S. export
controls, embargoes, antiterrorism regulations that apply to international
commerce, and the Foreign Corrupt Practices Act. Students will prepare a
compliance program integrating these regulations into a workable framework for
a company. Three semester hours.
International Conflict Resolution and Management
At Main Campus Spring Quarter. This course will focus on the role international law and organizations can play in preventing, managing and resolving international
conflicts. The role assigned to these organizations under their charters as well as the role they have assumed in practice will be examined. The UN, regional
organizations and NGO's?s will be included. Alternative to the use of force will constitute the main inquiry. Requires: Exam or research paper. 2 semester hours.
International Environmental Law
This course provides an introduction to the
growing network of international law (multilateral and bilateral treaties,
customary law, adjudications, etc.) controlling the environment. The
course focuses upon international legal issues including global climate
change, transboundary pollution, resource depletion, toxic wasted export,
biodiversity and wildlife/plant extinction, deforestation, desertification,
ocean pollution, sustainable development, etc. (The internal domestic
environmental laws of individual countries receive some attention as do trade
law, but these are really reserved for courses in Comparative Law and
International Business Transactions, respectively). Limited to 20
students. 3 Semester Hours.
International Human Rights
The course will begin with a general overview of international human
rights law and the legal structure of international economic development
(including an examination of development agencies such as the World Bank and
others). Two semester hours
International Law
The foundation course in public law, treaties, systems, and policies
binding nations into a "world community of law," with special
emphasis on the origins of international law, statehood, international
responsibility and claims, use of force and human rights. Three semester
hours.
International Organizations
Advanced study of international organizations 2 semester hours.
International Trade and Investment
This course addresses the national and international legal and
regulatory features of international economic developments. The discussion is
focused on, in addition to the U.S. economic regulation of trade and
investment, bilateral and multilateral regulatory mechanisms including the
international monetary fund, the World Bank, the General Agreement on Tariffs
and Trade, the United Nations Conference on Trade and Development, and
regional trade and investment groups in the international arena.
International Water Law
A global overview of water law, systems, and practice in the modern
world - possibly our most serious 21st century resource crisis. Coverage of
hydrology, history, national legal systems, and modern international treaties
and cases, with special emphasis on sustainable development, equitable
utilization, pollution control and ecosystem protection in multi-nation water
basins.
Land Conservation Transactions
This course covers
the fundamental law and principles related to land conservation. It is a
research based class, and students are responsible for researching and
presenting information regarding a specific conservation project. This course
will provide all the background necessary to allow students to conduct a
meaningful research foray in the land conservation area. 3 semester hours.
Land
Use Planning
An examination of public controls and powers used in the
regulation of privately owned land. The master plan, the official map, subdivision
regulation, zoning, eminent domain, and urban renewal are planning techniques that are
analyzed which restrict the private use of land. Special problems in land use planning
also studied include exclusionary zoning; slow growth ordinances; regulation of
aesthetics; regulation of natural resources development; and inverse condemnation. Three
semester hours.
Mining
Law
Acquisition of title to and development of deposits of hard
minerals and energy resources under the mining and mineral leasing laws of the federal and
state governments in the western United States, with emphasis upon the practices and
procedures of the various proprietary and regulatory agencies responsible for the
management and administration of public lands. Resolution of competitive demands for
exclusive and multiple use of public lands for mineral production and conservation, and
for other public and private purposes. Three semester hours.
Natural
Resources Law
Students survey the primary natural resources subject
matter areas: water law; mining law; oil and gas law; public land law; environmental law;
and energy law. The course is designed primarily for students who wish to have an
introduction to and an overview of the entire natural resources law area in one course.
Three semester hours.
Natural Resources Distinguished
Practitioner Seminar
Students work on the following skills: legal writing and drafting of
memos and positions papers, working with legal documents (client development,
ensuring good relations with senior partners, working with opposing counsel,
practice options before judges, administrative agencies, legislators, the art
of negotiating deals, legal ethics and professionalism, and maintaining one's
sanity (and family) while engaged in the practice of law.
Negotiation and Mediation
The course examines principles of negotiation, bargaining and dispute
problem solving. It also builds the development of skills in negotiation and
later mediation.
Negotiation in Spanish
Negotiation of Natural Resources Agreements
The general approaches, primary issues, and
motivations pertaining to the negotiation of large, internationally funded
petroleum and mining projects. Focus on the negotiation of "first-tier"
agreements between transnational companies and governments, and on joint
venture agreements between private parties. The course addresses
negotiations methodology, and also features a number of guest lecturers who
present actual case studies. Three semester hours.
Ocean and Coastal Law and Policy
This course addresses both legal and scientific
principles applicable to oceanic and coastal resources. The course
begins with an overview of basic scientific principles including oceanography,
fisheries management, the geomorphology of the coastal zone and the ecology of
marshes and beaches. The first half of the course addresses oceanic law
and policy issues, specifically sources of oceanic law, the scope and extent
of national jurisdiction, navigation rights, seabed mining, protection of the
marine environment, protection of migratory species, and the resolution of
boundary disputes. Particular attention is paid to the Third U.N.
Conference on the Law of the Sea and the 1982 U.N. Convention on the Law of
the Sea. The second half of the course addresses coastal law and policy
issues, specifically the scope and extent of federal and state jurisdiction,
property interests in coastal resources, the public trust doctrine, the
navigation servitude, shoreline access, coastal water quality and both federal
and state regulation of fisheries. Particular attention is paid to the
Coastal Zone Management Act.
Oil
and Gas Law
Characteristics of various oil and gas interests;
tortuous
invasions of mineral rights; problems in co-ownership of mineral estates; analysis of
important clauses in the oil and gas lease; implied covenants in oil and gas leases;
creation and transfer of mineral interests and problems created thereby; transfers by
lessor or lessee; pooling and unitization; state conservation regulations. The field of
oil and gas law on private lands as distinguished from the public domain. Three semester
hours.
Practitioner in Residence (Nat.
Resources)
Public Land and Resources Law
This course will address law, policy and procedures governing the lands managed by the federal government (U.S. Bureau of Land Management, National Park
Service, U.S. Forest Service, etc.) as well as state and local government lands. The interwoven law, history and economics controlling acquisition and allocation of
public lands and resources are traced, with close examination of traditional commercial uses (water, minerals, timber, range) and other resource categories (wildlife,
recreation, preservation). Three semester hours
Renewable Energy and Project Finance Law
This course explores the legal, economic,
technological, and policy underpinnings of the Renewable Energy Industry,
global warming, and associated implications to the electric utility and
transportation sectors. Guest lectures will describe the state of the art
technologies such as solar, geothermal, wind, biomass and hybrid vehicle
development. The course will address both domestic and international
perspectives on renewable energy development including the Kyoto Protocol. A
detailed introduction to the law of energy project finance will also be
presented, which will provide the student with the theory and tools needed to
structure and develop domestic and international energy production projects.
(Project Finance Law is now a substantial practice area at major international
law firms.) Seminar type of class, not test, but research paper required.
Contract Law is a prerequisite, and an interest in energy or environmental law
is recommended. 2 semester hours.
Russian for Lawyers 1 & 2
This sequence of
courses will introduce students to the fundamentals of the Russian language,
with emphasis on legal and economic vocabulary. More specifically, this will
include vocabulary and reading assignments that involve finance and banking,
insurance, international trade and stock exchange/securities matters. Russian
for Lawyers I is the prerequisite for Russian for Lawyers II. Three
semester hours.
Spanish for Lawyers: Int. Transactions
Students will acquire basic professional and technical Spanish.
Students will become familiar with the legal framework in which business, in
Spanish-speaking countries, is conducted. This legal framework will include
working with foreign legal cultures; business formations; and civil law
jurisdictions and institutions. Students will also become familiar with the
culture and specific idiomatic expressions of Spain and Latin American
countries. Three semester hours.
Sustainable Development and Trade
This course introduces
the students to the convergence of trade, environment, and development issues, addressing areas of conflict and synergies among them. The seminar will focus on making
globalization compatible with sustainable development by integrating trade policies with policies that address all other aspects of “human development”, such as,
environmental concerns, human rights, gender issues, and governance. The seminar will also cover how to reform international organizations that address trade, and
development. To emphasize the conflicts and synergies, relevant cases including the WTO Reformulated Gas Decision, the Shrimp-Turtle Case, and the Banana Wars will be
studied. 3 semester hours.
Sustainable Development in the EU
This course will focus on the historic discussion now underway within
the European Community with respect to how sustainable development is and will
be integrated into other policies. The European Community's efforts with
regard to sustainable development are particularly significant viewed in the
context of: (a) the impact it will have on all sectors of European economy as
well as (b) the fact that the Community represents the world's largest single
market. Three semester hours.
Water Law
Water resource law, including systems of private property rights in
water and its use; management, administration and regulation of water rights
acquisition and uses, including environmental controls; public planning;
federal, interstate and international water problems and policies.
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