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University of Colorado Law School Colorado Law Scholarly Commons Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) Newsletters Fall 1995 Resource Law Notes Newsletter, no. 35, fall issue, Sept. 1995 University of Colorado Boulder. Natural Resources Law Center Follow this and additional works at: https://scholar.law.colorado.edu/resource_law_notes Part of the Energy and Utilities Law Commons, Energy Policy Commons, Environmental Law Commons, Environmental Policy Commons, Indian and Aboriginal Law Commons, Natural Resources and Conservation Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, Oil, Gas, and Energy Commons, Oil, Gas, and Mineral Law Commons, Public Policy Commons, Water Law Commons, and the Water Resource Management Commons Citation Information Resource Law Notes: The Newsletter of the Natural Resources Law Center, no. 35, fall issue, Sept. 1995 (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law). RESOURCE LAW NOTES, no. 35, fall issue, Sept. 1995 (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law). Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School. u111? it . H 1 1 e n Number 35 Fall Issue, September 1995 Fall Lands Conference October 11-13 to Address: Challenging Federal Ownership and Management: Public Lands and Public Benefits In the face of numerous propos als for privatizing, marketing, and November Hot Topics changing the management of public to Consider Tribal Oil lands, the Natural Resources Law Center will hold its third annual fall and Gas Development public lands conference October 11- 13, at the CU School of Law in and the B abbitt v. Boulder. For a full agenda, see page 2. Sweet Home Decision A panel of public land users and The Center’s popular Continuing neighbors, including timber, Legal Education lunch series in Denver grazing, mining, recreation, and resumed September 18 with a look at the environmental interests, will address aftermath of the Supreme Court decision current discontent with public land of Kansas v. Colorado regarding regulation policy and management. There will of well pumping in the Arkansas Valley. also be discussion of proposals to The series is held in the 32nd floor dispose of federal public lands, conference room of Holland & Hart, 555 alternatives to disposal, and 17th St. Cost of each program is $13 if rationales for retaining public lands received 3 working days in advance or under federal ownership and $16 thereafter, with an additional charge management. Another topic that of $5 to register CLE credit. Please call will be addressed is shared public the Center to register. land decisionmaking in which Two more Hot Topics will be held in traditionally governmental decisions November: and policies are made with local, • November 1: Environmental private people and groups taking Regulation of Oil and Gas Develop leadership. ment on Tribal Lands: Who Has Thirty four speakers representing a How land is managed does make a difference. Authority? wide variety of perspectives will address In some cases, ownership o f land may be less Jurisdiction to regulate the environ such questions as: Is the original purpose important than how land is managed. Photo by mental impacts of oil and gas develop Dan Daggett. of producing public benefits being ment on the reservation has been con realized by keeping lands in public Senate Energy and Natural Resources tested by tribes, the state, private land ownership? Can this purpose be better Committee. owners and federal agencies. Should the achieved by changing the ownership of The program carries 22 credits of state be able to regulate the environmen lands? Or is the real question.how the Continuing Legal Education in Colo tal consequences of this development? lands are managed? rado. Registration is $425 until one week Should the tribes? What is the role of the Lunch speakers include prominent law prior to the conference. Employees from federal government? These questions will pp^irofessor Jose ph L. Sax, now Counselor any level of government may attend for be addressed by CU Law Professor to the Secretary, U.S. Department of the $350; full-time employees from academ Richard Collins, Durango attorney Tom Interior; John D. Leshy, Solicitor, U.S. ics and not-for-profits groups may attend Shipps, and Marla Williams, Colorado Department of the Interior; and Senator for $225. Call Kathy Taylor, Conference Oil and Gas Commissioner. Frank H. Murkowski, Chairman, U.S, Coordinator, at (303) 492-1288. continued on page 2 Fall Lands Conference Challenging Federal Ownership and Management: Public Lands and Public Benefits Wednesday, October 11 Thursday, October 12 Friday, October 13 A History of the Public Land Debate — Rethinking Federal Ownership of Public Sharing Public Land Decision Making Patricia Nelson Limerick, Professor, Lands — Disposal Proposals Department of History, University of Public-Private Partnerships — Mary Colorado Back to the Future: Privatizing the Federal Chapman, Delta-Montrose Partnership, Estate — Terry L. Anderson, Professor of Delta, Colorado; Mike Jackson, Quincy Discontent With Public Land Policy Economics, Montana State University and Library Group, Quincy, California and Management Senior Associate, Political Economy Watershed-Based Efforts — Teresa Rice, Research Center, Bozeman Why We’re Unhappy — A Panel of Public Senior Staff Attorney, Natural Resources Land Users and Neighbors, moderated by Can the States Do a Better Job?: What We Law Center, University of Colorado; Jack Michael Gheleta, Natural Resources Law Can Learn From Management of State Shipley, Applegate Partnership, Applegate, Center Lands — Sally Fairfax, Associate Dean, Oregon College of Natural Resources, University Nadine Bailey, Women in Timber, Cooperative Federalism as a Model — Hope of California, at Berkeley Hayfork, California Babcock, Professor of Law, Georgetown Thinning the Blood of the National Parks University Law Center Bill Dvorak, Dvorak Expeditions, — James Ridenour, Director, Eppley Nathrop, Colorado What the Federal Government Can and Institute for Parks and Public Lands, Cannot Abdicate: Two Perspectives— Tom Hendricks, Hendricks Mining Co., Indiana University, Bloomington George C. Coggins, Frank Edwards Tyler Caribou, Colorado Privatizing the Public Lands: A Bad Idea — Professor of Law, University of Kansas; Louise Liston, Garfield County Scott Lehmann, Associate Professor, Margaret Shannon, Associate Professor of Commissioner, Utah Department of Philosophy, University of Public Administration, Center for Connecticut Environmental Policy & Administration, Jim Martin, Environmental Defense Syracuse University. Moderated by: Betsy Fund, Boulder Lunch talk: The Clinton Administration and Rieke, Director, Natural Resources Law Privatization: Public Benefits and Public Mark Pifher, Special Water Counsel, City Center. Responsibilities — John D. Leshy, of Colorado Springs Solicitor, U.S. Department of the Interior Lunch talk: The 104th Congress and Ken Spann, Spann Ranches, Gunnison, Changing Public Land Policy, — Senator Colorado Alternatives to Disposal: Frank H. Murkowski, Chairman, U.S. Using Market Forces to Improve Public Senate Energy and Natural Resources Public Land Policy is Ripe for Change — Land and Resource Management Committee (confirmed subject to U.S. James Huffman, Dean, Northwestern Senate Calendar) School of Law, Lewis and Clark College Reforming Public Land Management with New Incentives — Randal O’Toole, Lunch talk: Proposals for Public Land Director, The Thoreau Institute, Oak Reform: Sorting Out the Good, the Bad, Grove, Oregon and the Indifferent, Joseph L. Sax, continued from page 1 Counselor to the Secretary, U.S. Charging Public Land Users for Recreational Department of the Interior Uses — William Chandler, National • November 29: A Sweet Home No Parks and Conservation Association, More? The Future for Habitat Protec Why Do We Have Public Lands? Washington, D.C. tion Under the Endangered Species Act” Values and the Public Lands — Professor Critique of the Proposals — Panel of The 1995 Supreme Court decision in Dale Jamieson, Department of Commentators, moderated by Betsy B abbitt v. Sweet H ome Chapter o f Philosophy, University of Colorado Rieke, Director, Natural Resources Law Communities for a Great Oregon held that Economic Rationales for Continued Center the Department of the Interior reason ably construed Congress’ intent when it Government Ownership of Land — Stanley Dempsey, Chairman and CEO, Professor John B. Loomis, Department of Royal Gold, Inc., Denver included habitat modification that injures Agricultural and Resource Economics, protected wildlife within the definition of Colorado State University Charles Howe, Professor of Economics “harm” prohibited by the Endangered and Director, Environmental and Species Act. Speakers include Professor The Benefits of Professional Public Land Behavior Program, University of Colorado Management — Elizabeth Estill, Regional Federico Cheever, University of Denver Director, U.S. Forest Service, Denver Dale Oesterle, Montfort Professor of College of Law; Paul Seby, attorney with Commercial Law, University of Colorado the Mountain States Legal Foundation; Public Lands Are Essential to Our National Heritage — Professor Charles F. Jerry Taylor, Director of Natural Resource and Paul Gertler, Assistant Regional Wilkinson, Moses Lasky Professor