Don C. Smith

Lecturer and Director

Director, Environmental & Natural Resources Law & Policy Graduate Program

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Photo of Don C.  Smith

Don C. Smith is the Director of the Environmental and Natural Resources Law JD and Graduate Programs at the University of Denver Sturm College of Law. He specializes in environmental law, with particular emphasis on environmental law and policy of the European Union.

Mr. Smith formerly worked as a water policy advisor for Kansas Gov. John W. Carlin. After leaving Gov. Carlin’s office he served as the governor’s appointee to the Kansas Water Commission.

He practiced natural resources law before joining the legal publishing arm of McGraw-Hill, where he was an associate publisher. He has also served as a publisher for an Anglo-Dutch publishing company, Reed-Elsevier, where he was responsible for a series of publications (e.g., “The Air Pollution Consultant” and “The Hazardous Waste Consultant”) about U.S. environmental law. He has also had extensive experience working on publications involving European Union environmental and energy policy.

He is a member of the American Bar Association, the Association of International Petroleum Negotiators, the Colorado Bar Association, the International Bar Association (IBA), and the Rocky Mountain Mineral Law Foundation.

He serves as editor-in-editor of the Journal of Energy and Natural Resources Law, a peer-reviewed publication affiliated with the Energy, Environment, Natural Resources and Infrastructure Law Section of the IBA. He serves on the editorial advisory board for the Manual of European Environmental Policy.

Mr. Smith and Judge David Edward, who served on the Court of Justice of the European Union from 1992-2004, have collaborated on a “first of its kind” web-based oral history involving the life and career of Judge Edward. The oral history includes nearly 15 hours of streaming video and audio as well as the full-text of nearly 100 articles written by Judge Edward, who is widely recognized as one of the most influential judges ever to sit on the Court of Justice.

To commemorate the 60th anniversary of the April 1951 signing of the Treaty of Paris, which established the European Coal and Steel Community, he produced a documentary Jean Monnet: Father of Europe. The documentary features the life and career of Mr. Monnet, whose ideas established the underpinnings of today’s European Union. The documentary was filmed in Europe.

  • Energy and the Environment: An International Perspective (chapter) in forthcoming revised edition International Law & Policy for the 21st Century 2nd Ed. (V. Nanda and George “Rock” Pring, editors).
  • The Miraculous Dawn of the European Union, 60 Years Ago Today, Forbes.com, April 18, 2011.
  • Obama: Prospects for Alternative Energy, Renewable Energy Focus, January/February 2009, at 88.
  • Utilities: The Challenge of Integration, Renewable Energy Focus, January/February 2009, at 32.
  • WGA to Tackle US Transmission?, Renewable Energy Focus, March/April 2009, at 28.
  • Políticas de energía y cambio climático de los Estados Unidos al inicio de la administración Obama: Legislación, regulación o ambas, ” (“Energy and Climate Change Policies in the United States at the beginning of the Obama Administration: Legislation, Regulation, or Both) 19 Revista de Derecho Ambiental 257 (2009).
  • Opinion: Udall to Battle it out for Senate, Renewable Energy Focus, September/October 2007, at 20.
  • Commentary: Landmark U.S. Supreme Court decision puts U.S. on likely path to regulating greenhouse gas emissions, Utilities Policy 15 (2007) 215-222.
  • US public getting the message?, Renewable Energy Focus, July/August 2007, at 18.
  • Commentary: US Court changes the GHG landscape: To what extent could a recent US Supreme Court ruling affect environmental policy?, Refocus: The International Renewable Energy Magazine, May/June 2007, at 12.
  • Commentary: Election to force US energy policy shift?, Refocus: The International Renewable Energy Magazine, March/April 2007, at 26.
  • Hydrogen’s Silver Bullet?, Refocus: The International Renewable Energy Magazine, January/February 2007, at 26.
  • California Solar Initiative: Increasing the Uptake of Solar Technologies in the U.S., Refocus: The International Renwable Energy Magazine, March/April 2006, at 54.
  • Gulf Wind: Harnessing Offshore Wind Off the Coast of Texas, Refocus: The International Renwable Energy Magazine, January/February 2006, at 33.
  • State Power: The Growing Uptake of RE Portfolio Standards in the U.S., Refocus: The International Renewable Energy Magazine, September/October 2006, at 49.
  • Judge David Edward Oral History, University of Denver Sturm College of Law (public release August 2006); with Edward, D http://www.law.du.edu/david_edward/.
  • 60 Years After V-E Day: Peace led to European Union, Perspective Section, THE DENVER POST, May 8, 2005.
  • Commentary: European Greens Face 'Good News' and 'Bad News', The Electricy Daily, MAY 31, 2005.
  • Commentary: Kyoto Enters Into Force Amid Embarrassing European Union Disagreement on Emissions Targets, The Electricy Daily, Feb. 19, 2005.
  • Enabling Renewable Energy: An Interview With Dan E. Arvizu, New Director of NREL, Refocus: The International Renwable Energy Magazine, May/June 2005, at 62.
  • RE Gains? The U.S. Energy Policy Act of 2005, Refocus: The International Renwable Energy Magazine, September/October 2005, at 45.
  • Solar Thermal Added Value: Renewable Energy Credits Derived From Solar Water Heating, Refocus: The International Renwable Energy Magazine, May/June 2005, at 44.
  • Teaching EU Law & Policy in an Online Setting, Hogan, J European Union Studies Association 9th Biennial Conference, April 1 2005, available at http://aei.pitt.edu/archive/00003091/01/2005_03_18_EUSA_Paper_Submitted.pdf (last checked Feb. 15, 2006).
  • Commentary: Climate for Change? SEC asked to require climate change risk warnings, Refocus: The International Renwable Energy Magazine, November/December 2004, at 18.
  • Commentary: EU Emissions Trading Scheme Could be Dicey, The Electricy Daily, JUNE 28, 2004.
  • Commentary: How Blair Will Back Nukes, The Electricy Daily, April 19, 2004.
  • Commentary: Is the European Union Getting the Wobbles on Kyoto?, The Electricy Daily, March 15, 2004.
  • Commentary: The 'Other' Terror Commission Reports on Threat from EMP Attack, The Electricy Daily, Aug. 19, 2004.
  • Commentary: The U.S. Presidential Election: Will Energy Policy Tip the Balance, Refocus: The International Renwable Energy Magazine, July/August 2004, at 20.
  • Commentary: US Climate Change Legislation, Refocus: The International Renwable Energy Magazine, March/April 2004, at 16.
  • Green Fuels: DynaMotive seeks to change fuels equation, Refocus: The International Renwable Energy Magazine, July/August 2004, at 20.
  • Greening the Piste, Refocus: The International Renwable Energy Magazine, November/December 2004, at 28.
  • Interview: Colorado Coalition for New Energy Technologies, Refocus: The International Renwable Energy Magazine, March/April 2004, at 54.
  • Ties to EU Worth Preserving, Bruegger, D., THE DENVER POST op-ed page, July 9, 2004.
  • Building Green: The University of Denver College of Law, Refocus: The International Renwable Energy Magazine, November/December 2003, at 62.
  • Commentary: Renewable Energy Potential Capacity in the U.S.: The Role of Renewables in the U.S. Energy Mix, Refocus: The International Renwable Energy Magazine, May/June 2003, at 14.
  • Commentary: World Peace and the US: Mid-term Election and U.S. Energy Policy, Refocus: The International Renwable Energy Magazine, March/April 2003, at 20.
  • GHG reduction in the US: The Chicago Climate Exchange, Refocus: The International Renwable Energy Magazine, September/October 2003, at 52.
  • Litigation Next Tactic to Force CO2 Cuts?, The Electricy Daily, July 21, 2003.
  • Poles Apart? EU-US Views of Energy Policy, Refocus: The International Renwable Energy Magazine, September/October 2003, at 22.
  • Power Cuts: Risks and alternatives to the current transmission system, Refocus: The International Renwable Energy Magazine, November/December 2003, at 22.
  • Renewable Energy at the heart of national security: Interview with Admiral Richard H. Truly, Director of the National Renewable Energy Laboratory, Refocus: The International Renwable Energy Magazine, January/February 2003, at 54.
  • Socially responsible investment: Interview with Carsten Henningsen, Chairman of Progressive Investment, Refocus: The International Renwable Energy Magazine, March/April 2003, at 54.
  • The Hydrogen Economy: The next great economic revolution? Interview with Jeremy Rifkin, Refocus: The International Renwable Energy Magazine, May/June 2003, at 66.
  • UK White Paper Classic Tony Blair 'Fudge, co-authored with Georgia, P., The Electricy Daily, March, 3, 2003.
  • US energy policies for a sustainable future: interview with Dr. Howard Geller, Refocus: The International Renwable Energy Magazine, July/August 2003, at 60.
  • WTO and the Environment, Book Review 31 DENVER JOURNAL OF INTERNATIONAL LAW AND POLICY 521, Summer 2003.
  • America's 'Achilles Heel'?, Refocus: The International Renwable Energy Magazine, July/August 2002, at 24.
  • Canada's Reaction to Climate Change: Worrying about the US, Refocus: The International Renwable Energy Magazine, May/June 2002, at 68.
  • Financing Renewables, Refocus: The International Renwable Energy Magazine, November/December 2002, at 60.
  • Getting the Wished For, The Electricy Daily, June 24, 2002.
  • How EdF Harms all of Europe, The Electricy Daily, March 25, 2002.
  • Media Coverage of the Ozone-Layer Issue, in Canan, P PROTECTING THE OZONE LAYER: THE UNITED NATIONS HISTORY 290-322 (S.O. Anderson and K. Madhava Sarma, editors, Earthscan) 2002.
  • Science Considers Global Climate Change: No Longer Any Reasonable Disagreement, Refocus: The International Renwable Energy Magazine, November/December 2002, at 50.
  • Sustainable Development Policy Implementation in the European Union, and Fergusson, M AMERICAN BAR ASSOCIATION CLIMATE CHANGE AND SUSTAINABLE DEVELOPMENT NEWSLETTER, June 2002, pp. 12-15, available at http://www.abanet.org/environ/committees/climatechange/newsletter/june02/smith.html.
  • The European Union's Commitment to Sustainable Development: Is the Commitment Symbolic or Substantive in the Context of Transport Policy?, 13 Colorado Journal of International Environmental Law and Policy 241-331 (summer 2002).
  • The National Renewable Energy Laboratory: The First 25 Years and the Future, Refocus: The International Renwable Energy Magazine, September/October 2002, at 54.
  • Why Johannesburg Summit Can't Work, The Electricy Daily, August 26, 2002.
  • Yankees Gone Home, The Electricy Daily, Nov.12, 2002.
  • Book Review, Spring 2002, 'Ahead of the Curve: Cases of Innovation in', (2002).
  • Book Review, Spring 2002, 'Cool Companies: How the Best Businesses Boost Profits and Productivity by Cutting Greenhouse Gas Emissions', 8 Corporate Environmental Strategy: INTERNATIONAL JOURNAL OF CORPORATE SUSTAINABILITY 105 (2002).
  • Book Review, Summer 2002, 'Environmental Policy in the European Union: Actors, Institutions, and Processes', 9 Corporate Environmental Strategy: INTERNATIONAL JOURNAL OF CORPORATE SUSTAINABILITY 318 (2002).
  • Environmental Management, 9 Corporate Environmental Strategy: INTERNATIONAL JOURNAL OF CORPORATE SUSTAINABILITY 103 (2002).
  • Renewables: A US Congressman’s View, Refocus: The International Renewable Energy Magazine, March/April 2002.
  • Bush must take European Union seriously, The Denver Business Journal, June 25, 2001, available at http://denver.bcentral.com/denver/stories/2001/06/25/editorial3.html (last checked Feb. 15, 2006).
  • Bush u-turn on renewables?, Refocus: The International Renwable Energy Magazine, September 2001.
  • Climate Change: EU and US Perspectives on Policy and Implications for Business, Environmental Business Journal, Vol. 13 No. 7/8 October 2001.
  • Delivering Kyoto: Could Europe do it, Refocus: The International Renwable Energy Magazine, November/December 2001.
  • European Union Vital for Colorado, The Denver Business Journal, April 23, 2001, available at http://denver.bcentral.com/denver/stories/2001/04/23/editorial3.html.
  • Viewpoint: Europe strikes out on its own, Refocus: The International Renwable Energy Magazine, June 2001.
  • Web Reviews, Autumn 2001,, 8 Corporate Environmental Strategy INTERNATIONAL JOURNAL OF CORPORATE SUSTAINABILITY 385 (2001).
  • Executive Briefing: Ken Collins, MEP, Chair of the European Parliament's Environment Committee, 6 Corporate Environmental Strategy 85 (1999).
  • Wrongful Birth and Wrongful Life: New Theories of Recovery, in Abortion, Policy, and the Law 178-194 (J.D. Butler and D.F. Walbert eds., Facts on File Publishing Company) 1986.
  • Human Genetics and the Law, McInerney, J., THE AMERICAN BIOLOGY TEACHER October 1985, at 396.

Brad Bartlett

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Photo of Brad Bartlett

Brad Bartlett is a Visiting Assistant Professor in the Environmental Law Clinic. Brad has practiced public interest environmental law for over 15 years and founded the Western Energy Justice Project (formerly the Energy Minerals Law Center) in Durango, Colorado with the mission of providing free or low-cost legal services to rural and tribal communities as well as conservation interests adversely and/or disproportionately impacted by energy development. Brad is former litigation counsel for the Western Mining Action Project, representing tribal and public interests on hard-rock mining issues in the West, and staff attorney at Western Resource Advocates where he litigated, among others, oil and gas and public land issues in the public interest. Brad previously worked as an associate with Yuhnke & Associates in Boulder, Colorado where he specialized in citizen suit litigation against major polluters on the behalf of impacted communities. After law school, Brad worked briefly for National Wildlife Federation. Brad graduated from the University of Colorado School of Law’s environmental and American Indian law programs in 1998.

Fred Cheever

Professor

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Photo of Fred Cheever

Federico Cheever is Professor of Law at the University of Denver Sturm College of Law. After graduating from Stanford University (B.A./M.A. 1981) and UCLA (J.D. 1986), and clerking for Judge Harry Pregerson of United States Court of Appeals for the 9th Circuit in Los Angeles (1986-1987), he came to Denver as an Associate Attorney for the Sierra Club Legal Defense Fund (1987-1989). With a few exceptions, he has been in Denver ever since. In 1990, he briefly commuted to Boulder to be a Research Fellow at Natural Resources Law Center, University of Colorado School of Law. Between 1990 and 1993, he was an associate at the law firm Faegre & Benson, in Denver, doing commercial and environmental litigation. He began teaching at the University of Denver College of Law in 1993 specializing in Environmental Law, Wildlife Law, Public Land Law, Land Conservation Transactions and Property. Professor Cheever served as the Hughes/Rudd Research Professor at the University of Denver College of Law 2002. He briefly left Denver again in 2000 to be a Visiting Fellow at Queen Mary and Westfield College, University of London. He served as a Visiting Professor at Northwestern Law School, Lewis & Clark College during the summer of 2005. In 2007 he was a visiting research fellow at the Australian National University in Canberra, ACT. From 2005-2007 he served as an adjunct professor at the Colorado School of Mines, teaching Environmental Law. In 2006 he was selected DU Law Star for excellence in teaching.

Professor Cheever writes extensively about the Endangered Species Act, federal public land law and land conservation transactions. He has recently co-authored a natural resources casebook, Natural Resources Law: A Place-Based Book of Problems and Cases, with Christine Klein and Bret Birdsong (2005).

Over the years, Professor Cheever has represented environmental groups in cases under the Endangered Species Act, the National Forest Management Act, the National Environmental Policy Act, the Wilderness Act and a number of other environmental laws. While in private practice he also represented regulated parties in disputes under the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Air Act.

Susan Daggett

Lecturer & Executive Director, Rocky Mountain Land Use Institute

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K.K. DuVivier

Professor

Publications »

Photo of K.K. DuVivier

K.K. DuVivier graduated cum laude, Phi Beta Kappa from Williams College with a double major in English and Geology. She interned in the mineral departments of the Smithsonian Institution and the Hudson River Museum and then joined the American subsidiary of the French company COGEMA (currently Areva NC) as an exploration geologist. For three and a half years, she mapped, logged core, and coordinated field operations in Colorado, Texas, and New Mexico, before leaving to attend law school at the University of Denver. She received the Order of St. Ives when she graduated in 1982 and immediately started practice in natural resources law, first at Sherman & Howard and then at Arnold & Porter.

While her children were young, Prof. DuVivier worked as an Assistant City Attorney for the City and County of Denver and as the Reporter of Decisions for the Colorado Court of Appeals. She started full-time teaching at the University of Colorado School of Law in 1990, and she joined the faculty at DU in 2000. In 2013, she won the Sturm Faculty Excellence Award for “Best Professor.”

Prof. DuVivier has taught a variety of subjects over the years, including Energy Law, Renewable Energy Law, Civil Procedure, Mining Law, Legal Research & Writing, Local Government, Wills & Trusts, and Environmental Law. She served as Director of DU’s Lawyering Process Program from 2000 to 2007 and hosted the 2007 Association of Legal Writing Director’s Conference. In 2008, she returned to natural resources, teaching both Energy Law and Mining Law. From 2009-2010, she was designated Director of DU Law’s Environmental and Natural Resources Law Program. She also has taught energy and renewable energy courses as a visiting professor at Lewis & Clark Law School and at the University of Houston Law Center.

Prof. DuVivier is a Trustee-at-Large for the Rocky Mountain Mineral Law Foundation. She also has served in a number of officer capacities for the Association of American Law Schools’ (AALS) Natural Resources and Energy Section, including Chair of this AALS section in 2014. Since 2010, she has been a Vice-Chair for the Renewable, Alternative, and Distributed Energy Resources (RADER) Committee of the Section of Environment, Energy, and Resources (SEER) of the American Bar Association (ABA). Prof. DuVivier currently serves as her school’s Advisory Board Representative to the Institute of Energy Law in the Center for American and International Law in Plano, Texas, and her past service includes six years as Vice-Chair of the ABA Hard Minerals Committee and ten years as Chair or Vice-Chair of the Appellate Practice Subcommittee of the Litigation Section of the Colorado Bar Association. In 2006, she was inducted as a member of the American Law Institute (ALI).

Prof. DuVivier’s book, The Renewable Energy Reader (Carolina Academic Press 2011), was the first devoted exclusively to U.S. renewable energy law. She also has created a website www.RenewableEnergyReader.com to support the book. She continues to present in numerous national and international forums and has published over one hundred articles in bar journals and law reviews. Her current focus is on renewable energy issues, specifically solar and wind.

In 2008, Prof. DuVivier and her husband, Lance Wright, designed and built a near zero energy home following German Passive House principles. Their home is frequently featured in sustainability tours and won the Colorado Renewable Energy Society’s 2012 Renewable Energy and Sustainable Design in Buildings Award for the Residential-New Construction category in 2012.

Jan G. Laitos

John A Carver, Jr. Professor of Law

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Photo of Jan G.  Laitos

Jan Laitos holds the John A. Carver Jr. Chair in Natural Resources and Environmental Law at the University of Denver Sturm College Of Law. He is a Reporter for the Planning and Environmental Law Review (published by the American Planning Association); a regional board member of the Rocky Mountain Land Use Institute; and Trustee of the Rocky Mountain Mineral Law foundation. He was Vice Chair of the Colorado Water Quality Control Commission. He has received the University of Denver’s Distinguished Teaching Award, and was selected a “DU Law Star.” Prior to joining the faculty at the Law school, he was the law clerk to the Chief Justice for the Colorado Supreme Court, and an attorney with the Office of Legal Counsel within the United States Department of Justice. He is the author of thirteen books and treatises, published by West, Foundation Press, Aspen, Oxford University Press, Cambridge University Press, Duke University Press, and Bradford Press.

He has worked as a consultant on several cases decided by the 9th Circuit Court of Federal appeals, the Montana Supreme Court, the Nevada Supreme Court, the Idaho Supreme court, and the Colorado Supreme Court, and on several cert. petitions before the United States Supreme Court.

He has lectured at Austral University Law School in Buenos Aires, Argentina, at the European Network For Housing Research Institute in Istanbul, Turkey, at the Central European University, Budapest, Hungary, the National University of Ireland at Galway, Ireland, the University of Oslo, Norway, and the University of Tarragona, Spain.

  • Hornbook on Natural Resources Law (forthcoming) West Academic (2015).
  • Principles of Natural Resources Law, West Academic (with Zellmer) (2014).
  • The Problem of Amenity Migrants in North America and Europe, 45 The Urban Lawyer (2014).
  • Zombie Subdivisions in America and Ghost Developments in Europe: Lessons for Local Governments, co-authored with Rachel Martin, Denver Law Review Online (April 2014).
  • Law of Property Rights Protection: Limitations on Governmental Powers, Aspen Publishers (2013).
  • Standing and Environmental Harm: The Double Paradox, 31 Virginia Envtl. L. Rev. 55 (2013).
  • Cases and Materials on Natural Resources Law 2d Edition (Thompson West 2012) (with Zellmer and Wood) and Teachers Manual (West, 2013).
  • Teacher’s Manual for Cases and Materials on Natural Resources Law co-authored with Sandi B. Zellmer, Mary C. Wood, (Thompson West) (2013).
  • Rules of Law for Nature’s Use and Nonuse, chapter in Rules of Law for Nature: New Dimensions and Ideas in Environmental Law, Christina Voigt, ed. (Cambridge University Press) (2013).
  • The Clean Water Act and the Challenge of Agricultural Pollution, 37 Vermont Law Review 1033 (2013).
  • Cyanide, Mining and the Environment, 30 Pace Environmental Law Review 869 (2013).
  • Cases and Materials on Natural Resources Law 3d Edition, Thompson West (2012).
  • The Current Status of Cyanide Regulations, 34 Engineering and Mining Journal (February 2012).
  • The Role of Causation in Takings Claims, 20 William and Mary Bill of Rights Journal 1181 (2012).
  • The Current Status of Cyanide Regulations, 34 Engineering and Mining Journal (2012).
  • Equal Protection in Property and Planning, 64 Planning and Environmental:Law Review 4 (2012).
  • The Role of Brownfields as Sites for Mixed-Use Development Projects in America & Britain, Perspectives on International Law in an Era of Change 492 (2012).
  • The Right of Nonuse, Oxford University Press (2012).
  • The Regulation of Toxic Substances and Hazardous Waste 2d ed., co-authored with Applegate, Foundation Press 2011.
  • The Social Benefits of Property Rights Protection, Government Interventions and the European Court on Human Rights, Indiana International & Comparative Law Review (2011).
  • The Growing Rule of Nonuse Values in Land Use Planning and Environmental Law, 63 Planning & Environmental Law Review (2011).
  • Property Rights, Housing and the American Constitution: The Social Benefits of Property Rights Protection, Government Interventions and the European Court on Human Rights’ Hutten-Czapska Decision, co-authored with Professor Ed Ziegler, Indiana International and Comparative Law Review, Vol. 21, No. 25 (2011).
  • The Emerging Role of Nonuse Values in Land Use Planning, co-authored with Swan, Land Use and Environmental Law published by American Planning Association. Vol. 63, Issue 3 (2011).
  • Property Rights, Housing, and the American Constitution: The Social Benefits of Property Rights Protection, Government Interventions, and the European Court of Human Rights’ Hutten – Czapska Decision, 21 , co-authored with Ed Ziegler, 21 Indiana International and Comparative Law Review 25 (2011).
  • Public-Private Partnerships in America for an Urban Mix Regeneration Site Development: The Case of the Polluted Gates Rubber Plant in Denver, New Housing Researchers Colloquium: ENHR (2011).
  • The Regulation of Toxic Substances and Hazardous Waste, co-authored with John Applegate, 2nd edition, Foundation Press (2011).
  • The Regulation of Toxic Substances and Hazardous Waste, Instructor’s Manual, co-authored with John Applegate, 2nd edition, Foundation Press (2011).
  • “Takings,” in Environmental Protection of Colorado Real Property, Bradford Publishing (2011).
  • The Law of Hazardous Waste and Toxic Substances, Foundation Press (2011).
  • The Growing Acceptance of Nonuse Values in Land Use Planning, Planning and Environmental Law Review, American Planning Association (2011).
  • Environmental Regulation of Colorado Real Property (co-author, Bradford Press, (2011).
  • The Law of Property Rights Protection (Aspen Law and Business 2010).
  • The Right of Nonuse, 25 Oregon Journal of Environmental Law & Litigation 303 (2010).
  • The Emerging Right of Nonuse, 55 Rocky Mountain Mineral Law Annual Inst. 25-1 (2010).
  • The Problem With Wilderness, Harvard Environmental Law Review (2008).
  • The Problem With Wilderness, 32 Harvard Environmental Law Review 503 (2008).
  • The Law of Airspace Near Public Runways, 59 Planning and Environmental Law Review 1 (2007).
  • The Law of RCRA and CERCLA (Foundation Press, 2006).
  • Recreation Wars for Our Natural Resources (Foundation Press, 2006).
  • Literature Review of Severed Minerals, Split Estates, Rights Of Access, and Surface Use in Mineral Extraction, 2005 No. 1 Rocky Mt. Min. L. Fdn. Paper No. 1B Rocky Mountain Mineral Law Foundation Severed Minerals, Split Estates, Rights of Access, and Surface Use in Mineral Extraction Operations Paper 1B John A. Carver, Jr.,.
  • The Management of Hazardous Waste (Foundation Press, 2005).
  • Multi-Layered, and Sequential, State and Local Barriers to Extractive Resource Development, 23 Va. Envtl. L.J. 1 Virginia Environmental Law Journal 2004 Elizabeth H. Getches Article.
  • Recreation Wars for Our Natural Resources, 34 Envtl. L. 1091 Environmental Law Fall 2004 Symposium Rachael B. Reiss.
  • The Multiple to Dominant Use Paradigm Shift in Natural Resources Management, 24 J. Land Resources & Envtl. L. 221 Journal of Land, Resources, and Environmental Law 2004.
  • Height Restrictions Near Airports: Physical Takings, Regulatory Takings, or Police Power Exercises, 55 Land Use Law & Zoning Digest 3 (Sept. 2003).
  • Whose Law Governs? State and Local Regulation on Federal Lands, and Federal Regulation on State Lands, 49 Rocky Mountain Mineral Law Institute 2003.
  • Hornbook on Natural Resources Law (West Publishing, 2002).
  • The Law of Toxic Substances and Hazardous Wastes (Foundation Press, 2000), and Teacher's Manual (300 pages) (2002).
  • The Moral Austerity of Environmental Decisionmaking (Duke Univ. Press, 2002) (contributing author).
  • The New Retroactivity Causation Standard,, 51 Ala. L. Rev. 1123 (2000).
  • The New Dominant Use Reality on Multiple Use Lands,, 44 Rocky Mountain Mineral Law Institute 1 (1999).
  • The Transformation on Public Lands, 26 Ecology L.Q. 140 Ecology Law Quarterly 1999 Thomas A. Carr Article.
  • Legislative Retroactivity,, 52 Washington University Journal of Urban and Contemporary Law 81 (1997).
  • Takings and Causation,, 5 William & Mary Bill of Rights Journal 359 (1997).
  • Legislative Retroactivity, 52 Wash. U. J. Urb. & Contemp. L. 81 Washington University Journal of Urban and Contemporary Law 1997.
  • National Parks and the Recreation Resource, 74 Denv. U. L. Rev. 847 Denver University Law Review 1997 Symposium: the National Park System.
  • Takings and Causation, 5 Wm. & Mary Bill Rts. J. 359 William and Mary Bill of Rights Journal Summer 1997.
  • Judicial Protection of Private Property in Natural Resources: The American Experience,, 14 J. of Energy and Natural Resources 262 (1996).
  • May CERCLA Apply Retroactively?, 25-OCT Colo. Law. 103 Colorado Lawyer October, 1996 John R. Jacus Specialty Law Column.
  • Causation and the Unconstitutional Conditions Doctrine: Why the City of Tigard's Exaction Was a Taking, 72 Denv. U. L. Rev. 893 Denver University Law Review 1995 Symposium.
  • NEPA and Oil and Gas Development on Forest Service Lands, in The Natural Resources Law Manual at 205 (ABA Section of Natural Resources, Energy, and Environmental Law 1995).
  • Federal CERCLA Liability for Abandoned Mines, 23 Colo. Law. 371 Colorado Lawyer February, 1994 Natural Resource Notes.
  • Water Rights and Water Quality: Recent Developments, 23 Colo. Law. 2343 Colorado Lawyer October, 1994 Specialty Law Column.
  • The Public Use Paradox and the Takings Clause, 13 J. Energy Nat. Resources & Envtl. L. 9 Journal of Energy, Natural Resources, and Environmental Law 1993.
  • The Takings Clause in America's Industrial States After Lucas, 24 U. Tol. L. Rev. 281 University of Toledo Law Review Winter, 1993.
  • "Use of Agency Deliberations by Reviewing Courts,", 69 Denver Univ. L. Rev. 121 (1992).
  • Energy and Natural Resources Law in a Nutshell (West Publishing, 1992).
  • Use of Agency Deliberations by Reviewing Courts, 69 Denv. U. L. Rev. 121 Denver University Law Review 1992.
  • Paralysis By Analysis In The Forest Service Oil And Gas Leasing Program, 26 Land & Water L. Rev. 105 Land and Water Law Review 1991 Land and Water Division.
  • "Oil and Gas Leasing on Forest Service Lands,", 5 Natural Res. and Environment 23 (1990).
  • "The Nature and Consequence of 'Valid Existing Rights' Status in Public Land Law,", 5 Journal of Mineral Law & Policy 399 (1990), reprinted in 28 Public Land and Resources Digest 121 (1991).
  • What is a "Material Injury" to a Water Right?, 19 Colo. Law. 1333 (1990).
  • "Water Quality Antidegradation,", 4 Natural Res. and Environment 19 (1989).
  • "Water Rights, Clean Water Act Section 404 Permitting, and the Takings Clause,", 60 U. of Colo. L. Rev. 901 (1989).
  • Practicing Law Before Part-Time Citizen Boards and Commissions, 18 Colo. Law. 1133 (1989).
  • Water Rights, Clean Water Act Section 404 Permitting, And The Takings Clause, 60 U. Colo. L. Rev. 901 University of Colorado Law Review 1989 Focus: Clean Water Act's Section 404.
  • "Protection From Government Action Affecting Private Property Rights in Natural Resources in the United States,", 5 Journal of Energy and Natural Resources Law 59 (1988).
  • "Regulation of Natural Resources Use and Development in Light of the 'New' Takings Clause,", 34 Rocky Mountain Mineral Law Institute 1 (1988).
  • "Uncloaking Law School Hiring,", 38 J. of Legal Ed. 345 (1988).
  • Assault on the Citadel, Part I: Water Quality Laws and the Exercise of Water Rights, 17 Colo. Law. 1305 (1988).
  • Assault on the Citadel, Part II: Dams, Diversions, and Water Quality Regulations, 17 Colo. Law. 2003 (1988).
  • Constitutional Limits on Police Power Regulations Affecting the Exercise of Water Rights, 16 Colo. Law. 1626 (1987).
  • Government Interference With Private Interests In Public Resources, 11 Harv. Envtl. L. Rev. 1 Harvard Environmental Law Review 1987 Richard A. Westfall.
  • Energy Resources and Policy Problems, in Energy in American History, (Pergamon Press, 1983).
  • "Utility Use of Renewable Resources: Legal and Economic Implications,", 59 Denver Law Journal 1 (1982), reprinted in Public Utilities Law Anthology (International Library Press, 1982).
  • "The Effect of Water Law on the Development of Oil Shale,", 58 Denver Law Journal 751 (1981).
  • Economic and Regulatory Issues Raised by Utility Involvement in Central and Decentralized Solar Applications, SERI Rept., TR-744-1338 (1981).
  • Proceedings: SERI-ERA Workshop on Electric Utility Involvement in Residential Solar Applications, SERI Rept. CP 733-781 (1981).
  • Prospects for Utility Involvement in Residential Solar Applications, in Energy and Communications in Transition (Michigan State University Press, 1981).
  • Utilities and Solar Energy, in Legal Aspects of Solar Energy (Lexington Press, 1981).
  • A Legal-Economic History of Air Pollution Controls (Carrollton Press, 1980).
  • Regulated Utilities and Solar Energy (Callaghan Press, 1980).
  • "May Regulated Utilities Monopolize the Sun?,", 56 Denver Law Journal 31 (1979).
  • Public Policy Questions Posed by the Rise of a Solar Energy Industry in Colorado, Colorado Energy Research Institute Report 1979.
  • Regulated Utilities and Solar Energy: A Legal-Economic Analysis of the Major Issues Affecting the Solar Commercialization Effort, SERI Rept. TR-62-255 (June 1979).
  • "A Leap of Faith: Some Observations on Law's Effect Upon the Earth's Natural Resources,", 25 Am. Univ. L. Review 131 (1975).
  • "Continuities from the Past Affecting Resource Use and Conservation Patterns,", 28 Okla. L. Rev. 60 (1975).
  • "Legal institutions and Pollution: Some Intersections Between Law and History,", 15 Natural Resources Journal 423 (1975).
  • The Social and Economic Roots of Judge-Made Air Pollution Policy in Wisconsin,", 58 Marq. L. Rev. 465 (1975).
  • "The Limits of the Law: Institutional Failures of the Air Pollution Variance Board,", 44 U. of Colo. L. Rev. 513 (1973).
  • "Institutional Response to an Environmental Crisis: The Failure of State Air Pollution Control,", 48 Denver L. J. 519 (1972).
  • "Judicial Limitations on Holder in Due Course Claims,", 42 U. of Colo. L. Rev. 439 (1971).
  • The Effect of Full Faith and Credit on Cognovit Judgments, 42 U. of Colo. L. Rev. 1973 (cited by the U.S. Supreme Court in Overmyer v. Frank 405 U.S. 174 (1972)) (1970).

Kevin Lynch

Assistant Professor

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Kevin Lynch graduated magna cum laude from Rice University before attending New York University School of Law, where he was the Editor-in-Chief of the NYU Environmental Law Journal and graduated magna cum laude. Professor Lynch joined the faculty in 2009 as the Environmental Law Clinical Fellow, and he currently still teaches in the Environmental Law Clinic. Prior to attending law school, he worked in the energy industry, and before joining the faculty he was a junior attorney at Environmental Defense Fund’s office in Boulder, Colorado. Professor Lynch has experience working at the state and federal level on regulatory and permitting issues related to climate change, air quality, and energy policy, as well as litigation experience in federal courts regarding air pollution, public lands, and wildlife. His scholarship focuses on civil procedure and access to courts.

Ved P. Nanda

Professor

Evans University Professor Thompson G. Marsh Professor of Law

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Professor Nanda has taught at the University of Denver since 1965. In addition to his scholarly achievements, he is significantly involved in the global international law community. He is Past President of the World Jurist Association and now its Honorary President, former honorary Vice President of the American Society of International Law and now its counselor, and a member of the advisory council of the United States Institute of Human Rights. He was formerly the United States Delegate to the World Federation of the United Nations Associations, Geneva, and Vice-Chair of its Executive Council, and also served on the Board of Directors of the United Nations Association-USA. He also serves as an elected member of the American Law Institute and as a council member for the American Bar Association Section of International Law.

In 2006 Professor Nanda was honored with a $1 million founding gift from DU alumni Doug and Mary Scrivner to launch the Ved Nanda Center for International and Comparative Law. The Center began its programming in 2007, hosting programs for the lawyers, students and community participants as well as promoting scholarship in the field of international law.

In February 2004, Professor Nanda was awarded the “Gandhi, King, Ikeda Award for Community Peace Building” from Soka Gakkai International and Morehouse College. In 1990 in Beijing, China, Professor Nanda was presented with the “World Legal Scholar” award by the World Jurist Association. He was also the recipient of the United Nations Association Human Rights Award in 1997. He has received honorary doctorates from Soka University in Tokyo, Japan and from Bundelkhand University, Jhansi, India. He is widely published in law journals and national magazines, has authored or co-authored 22 books in the various fields of international law and over 180 chapters and major law review articles, and has been a Distinguished Visiting Professor and Scholar at a number of universities in the United States and abroad.

  • The Law of Transnational Business Transactions co-authored with Ralph Lake), (Thomson Reuters) (spring 2014).
  • Litigation of International Disputes in U.S. Courts co-authored with David Pansius, (Thomson Reuters) (spring 2014).
  • Limitations on Government Debt and Deficits in the United States, American Journal of Comparative Law (spring 2014).
  • Human Right Must be at the Core of Post-2015 International Development Agenda, 75 Mont. L. Rev. (April 2014).
  • Conflict of Laws Annual Survey of Colorado Law 2014, Colorado Bar Association) (2014).
  • The Future Under International Law of the Responsibility to Protect After Libya and Syria, Mich. St. Int’l. L. Rev. (2013).
  • The Contribution of Nongovernmental Organizations in Strengthening and Shaping International Human Rights Law: The Successful Drives to Ban Landmines and to Create an International Criminal Court, Willamette Journal of International Law and Dispute Resolution (forthcoming Fall 2012).
  • The Arab Spring, the Responsibility to Protect, and U.S. Foreign Policy – Some Preliminary Thoughts, 41 Denv. J. Int’l L. & Pol’y 7 (2012).
  • Climate Change and Environmental Ethics,, Ved Nanda, ed., Transaction Publishers (2012).
  • International Environmental Law and Policy for the 21st Century, co-authored with Rock Pring, 2nd revised edition, Martinus Nijhoff Publishers (2012).
  • Revolution, Democracy and the Critical Role of Constitution-Making: Some Preliminary Thoughts, 89 Denv. U. L. Rev. 581 (2012).
  • Strides against poverty, Denver Post, September 25 (2010).
  • Singh visit assuages Indians' fears, Denver Post, November 29, 2009—Op-Ed.
  • Chapter 6, International Law, Nuclear Weapons, and Twenty-First Century Insecurity, in THE CHALLENGE OF ABOLISHING NUCLEAR WEAPONS (David Krieger ed. 2009).
  • The European Union’s Multinational Carbon Trading Program, 85 DENV. U. L. REV. 995 (2008).
  • Selected Aspects of international Trade and the world Trade Organization’s Doha Round, 36 DENV. J. INT’L L. & POL’Y 255 (2008).

Justin Pidot

Assistant Professor

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Justin Pidot graduated with high honors from Wesleyan University before attending Stanford Law School, where he graduated with distinction and was editor in chief of the Stanford Environmental Law Journal. Professor Pidot clerked for Judge Judith W. Rogers of the U.S. Court of Appeals for the District of Columbia Circuit. Prior to joining the University of Denver faculty, he was an appellate litigator at the Environment and Natural Resources Division of the U.S. Department of Justice, where he presented argument in more than a dozen federal appellate cases and acted as the staff attorney on two cases before the United States Supreme Court. Professor Pidot also completed a fellowship at the Georgetown Environmental Law & Policy Institute.

Professor Pidot’s scholarship and teaching focus on environmental law, natural resources law, and federal courts.

George W. (Rock) Pring

Professor Emeritus of Law

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Photo of George W. (Rock) Pring

Professor Rock Pring’s area of specialization centers on environmental and natural resources issues internationally and nationally. He has taught and published extensively, and continues to serve as a consultant to governments and public-interest organizations on sustainable development, human rights, mining and resource development, environmental impact assessment, compliance, and remediation, and nature preservation. While at Denver Law, Prof. Pring taught numerous courses including International Environmental Law, International Water Law, Public Land and Resources Law, and Constitutional Law.

Professor Pring and his wife, Kitty Pring, co-directed the University of Denver Environmental Courts and Tribunals Study (at www.law.du.edu/ect-study), and authored the first comparative book on this exploding phenomenon, Greening Justice: Creating and Improving Environmental Courts and Tribunals. Professors Pring has co-authored (with Professor Ved Nanda) a leading treatise on International Environmental Law as well as numerous other publications in the field. He co-authored (with Professor Penelope Canan) the National Science Foundation-funded book, SLAPPs: Getting Sued for Speaking Out, which first named and drew international attention to the problem of “Strategic Lawsuits Against Public Participation” in government or “SLAPPs” – lawsuits to chill citizens’ communications to government.

In addition to his extensive publications and teaching load, Professor Pring is a former US Representative to the Academic Advisory Group of the International Bar Association’s Section on Energy, Environment, and Resources Law. He also served as past-chair of the State of Colorado Hazardous Waste Commission, retired adjunct professor in the graduate Environmental Science and Engineering Program at the Colorado School of Mines, and co-founder and vice president for conservation of the Clear Creek Land Conservancy.

Tom I. Romero, II

Assistant Provost of IE Research and Curriculum Initiatives for University of Denver

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Photo of Tom I.  Romero, II

Professor Romero is an Associate Professor of Law and is Affiliated Faculty with the Department of History. He teaches and researches in the areas of the legal history of the American West, Latinos and the law, school desegregation in multiracial contexts, property, land use, water law, and urban development and local government in the United States and Latin America. His work on such topics have appeared in the Colorado Law Review, the Utah Law Review, the New Mexico Law Review, the Albany Law Review, the Journal of Gender, Race, and Justice, the Temple Political and Civil Rights Law Review, the Seattle Journal for Social Justice, the Oregon Review of International Law, and the Chicano-Latino Law Review, among others. A native Denverite and undergraduate alum of the University of Denver, Dr. Romero is graduate of the University of Michigan where he received his J.D. and Ph.D. in history.

Prior to joining the faculty of the University of Denver Sturm College of Law in 2010, Dr. Romero was a Professor of Law and History at Hamline University School of Law. From 2000-2003, he also served as the Western Legal Studies Fellow at the University of Colorado at Boulder’s Center of the American West, Law School and Department of History. There, he completed a statewide survey of resources related to the legal history of Colorado and wrote a regular “historical perspective” column for the state bar journal, The Colorado Lawyer.

At the University of Michigan, Dr. Romero acted as a contributing editor of the Michigan Journal of Race and Law, worked with the legal counsel of the student interveners in Gratz v. Bollinger, 539 US 244 (2003), and spent time in Lima, Peru as a consultant on 19th century American property law for Hernando De Soto in his book: The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else. As part of this project, Dr. Romero also collaborated with Peruvian civil lawyers and their work in formalizing title to property that is occupied by families and individuals possessing tracts of land.

Currently, Dr. Romero is revising a book manuscript on multiracial formation and the law in post-World War II Denver, Colorado; where among other aspect of the analysis, he extensively explores Keyes v. School Board No. One, 413 US 189 (1973) (the first non-Southern school desegregation case to reach the United States Supreme Court). In collaboration with the Denver Law Review, Dr. Romero has helped to put together a special symposium analyzing the impact and importance of the Keyes case since it was decided in 1973. As Assistant Vice-Provost for IE Research and Curriculum Initiatives for the larger university, Tom will be working to make the University of Denver one of the premier institutions in the country for the rigorous study of social and institutional inequality through the University’s IRISE initiative.

Dr. Romero is on the Board of Directors of the Colorado Latino Leadership Advocacy & Research Organization (CLLARO) and is an active member of LatCrit, Inc., Law and Society, the American Studies Association, the Western History Association, and the Hispanic National Bar Association.

Annecoos Wiersema

Ved P. Nanda Chair and Associate Professor of Law

Director, International Legal Studies Program

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Annecoos Wiersema received her first law degree (LL.B.) from the London School of Economics in England and her S.J.D. (Doctor of Juridical Science) degree in International and Environmental Law from Harvard Law School.

Prof. Wiersema teaches and researches in the fields of international environmental law, environmental and natural resources law, international law, administrative law and theory, and property law and theory. Her research focuses on how we can develop legal institutions both nationally and internationally that can effectively protect species and ecosystems in the face of ecological complexity and scientific uncertainty.

Prior to joining the faculty at the University of Denver Sturm College of Law, Prof. Wiersema was an Assistant Professor at The Ohio State University Michael E. Moritz College of Law and worked in the Denver office of Arnold and Porter LLP as a litigation associate. Prof. Wiersema was the George W. Foley, Jr. Fellow in Environmental Law at Harvard Law School from 1999-2000 and spent time as a Visiting Scholar at the International Monetary Fund (IMF) in 2001.

  • Uncertainty and Markets for Endangered Species under CITES, 23(3) Review of European, Comparative & International Environmental Law 239 (2013).
  • What Can the WTO Learn from International Environmental Law?, Panel: Risk, Science and Law in the WTO, 104 AM. SOC’Y INT’L L. PROC. *** (2010).
  • The Scope of the Secretariat’s Powers Regarding the Submissions Procedure of the North American Agreement on Environmental Cooperation under General Principles of International Law, co-authored with Anne-Marie Slaughter, 27 NORTH AMERICAN ENVIRONMENTAL LAW AND POLICY SERIES 1 (2010).
  • The New International Law-Makers? Conferences of the Parties to Multilateral Environmental Agreements, 31 MICH. J. INT’L L. 231 (2009).
  • Conferences of the Parties to Multilateral Environmental Treaties: The New International Law-Makers?, Panel: New Voices: Re-Thinking the Sources of International Law, 103 AM. SOC’Y INT’L L. PROC. 74 (2009).
  • Adversaries or Partners? Science and the Precautionary Principle in International Wildlife Treaty Regimes, 11(4) J. INT’L WILDLIFE L. & POL’Y 211 (2008).
  • A Train without Tracks: Re-Thinking the Place of Law and Goals in Environmental and Natural Resources Law, 38 ENVTL. L. 1239 (2008).
  • Sharing Common Ground: A Cautionary Tale on the Rights of Indigenous Peoples and the Protection of Biological Diversity, in LINKING HUMAN RIGHTS AND THE ENVIRONMENT 162 (R. Picolloti & J.D. Taillant eds. 2003).
  • Book Note, 23 HARV. ENVTL. L. REV. 571 (1999) (reviewing MOSTAFA K. TOLBA, GLOBAL ENVIRONMENTAL DIPLOMACY: NEGOTIATING ENVIRONMENTAL AGREEMENTS FOR THE WORLD, 1973-1992 (1998)).

Edward Ziegler

Robert B. Yegge Memorial Research Chair and Professor

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Professor Edward Ziegler is retired from the University of Denver. He is a founder and past president of the Rocky Mountain Land Use Institute and he was the inaugural holder of the Robert B. Yegge Memorial Research Chair and a Professor of Law at the Sturm College of law. He is a frequent speaker and noted scholar on zoning and urban planning law. Professor Ziegler has published in professional journals throughout the United States, Europe, Asia, and Latin America. His writings, which include the teaching casebook Land Use Regulation, published by Aspen Co., and the five-volume treatise The Law of Zoning and Planning, by Thomson-West, are widely cited and quoted in land use cases by state appellate courts as well as by the United States Supreme Court.

Professor Ziegler’s consulting, research projects, and lectures on land use planning have included projects for the City of Paris, the European Network for Housing Research based in Sweden, the Austrian Science Fund, the Federal Institute for Spatial and Landscape Planning in Zurich, Switzerland, and the Shanghai Institute of Urban Planning and Design. He is a European Union Erasmus Mundus Visiting Scholar in the field of urban planning and sustainable development law and recently gave a series of lectures as a visiting scholar at the University of Trento, the University of Regensburg, the University of Barcelona, the Pantheon-Sorbonne University of Paris I, and the European Institute for Federal and Regional Studies in Bolzano, Italy. His article “Megapolitan Growth Management for Sustainable Development in the 21st Century” published in the International Journal of Law in the Built Environment recently received a 2010 Emerald Literati Award for Excellence in Scholarship by Emerald Group Publishing Limited in the United Kingdom. His most recent article, “American Cities, the Automobile, and Regional Transportation Planning: The Quest for Sustainable Development in the 21st Century” was published in Chinese in 2012 in the Journal of Urban Planning International published by the China Academy of Urban Planning and Design and the Ministry of Construction of the Peoples’ Republic of China in Beijing.

Professor Ziegler is a graduate of the University of Notre Dame, holds a J.D. degree from the University of Kentucky Law School, and received the advanced LL.M. degree in public law with highest honors from the National Law Center of George Washington University.