THE UNIVERSITY OF COLORADO LAW SCHOOL GETCHES-WILKINSON CENTER FOR NATURAL RESOURCES, ENERGY, AND THE ENVIRONMENT Newsletter | Fall 2018 FEATURE FALL 2018 ISSUE GWC Welcomes New FEATURES Getches-Green Clinic Director 1, 4-5 This summer, Colorado Law welcomed Sean Helle as an associate clinical professor to lead the Getches-Green INTRODUCTION Natural Resources and Environmental Law Clinic. He will also serve on the GWC Board. 2-3 Founded in 1978, the Getches-Green Clinic is one of the country’s first environmental law clinics. Students engage FACULTY UPDATES in litigation and related advocacy efforts, most commonly on behalf of national or 6-7 local environmental groups. Students draft pleadings and briefs, counsel their clients, develop case theories and legal strategies, participate in settlement negotiations, and, occasionally, present oral arguments in court. PROGRAMS AND Before joining Colorado Law, Helle worked as a litigator and lobbyist at Earthjustice’s PROJECTS Bozeman, Montana, office; a staff attorney at the Southern Environmental Law Center; an associate at Arnold & Porter Kaye Scholer LLP; and a lecturer at the University of 8-12 Chicago’s Abrams Environmental Law Clinic. He also served as a law clerk to Judge Diana E. Murphy on the U.S. Court of Appeals for the 8th Circuit and Judge Ellen Segal Huvelle on the U.S. District Court for the District of Columbia. STUDENT GROUP UPDATES Helle grew up in Iowa and graduated from the University of Iowa College of Law in 2004. While at Earthjustice, Helle was involved in the successful challenge of the 13 National Park Service decision to expanded snowmobile use in Yellowstone National Park, in addition to challenges to U.S. Fish and Wildlife Service decisions to strip Endangered Species Act protections from the gray wolf and grizzly bear in the EVENTS Northern Rockies. 14 Helle’s work on public lands, in addition to his experience litigating cases under the Endangered Species Act and the National Environmental Policy Act, will guide the focus of the Getches-Green Clinic. Helle has explored several projects for the GWC LEADERSHIP 2018-19 academic year with regional and national environmental groups with a focus AND STAFF on protecting public lands. 15 The Getches-Wilkinson Center welcomes Helle and looks forward to a continued collaboration between the Getches-Green Clinic and the GWC. INTRODUCTION A Message from the Executive Something New In partnership with CU’s Masters of the Environment Pro- Director gram, Professor Mark Squillace is co-teaching a new May- by Alice Madden (‘89) mester course focused on the impacts of climate change on the Mont Blanc region. Students will spend two weeks Enjoying the spectacular fall in the classroom learning about the history, culture, and in Colorado reminds us daily ecology of the Mont Blanc region before venturing to the of why we work so hard to Chamonix, France, area for 10 days of field work and protect our precious Western meetings with local officials. landscapes. Those efforts were recently recognized, and This year also marked the launch of our GWC Student Colorado Law’s Fellows program. A select group of students work environmental law program is directly with their faculty mentors on special projects, now ranked fifth in the nation gaining unique work experience. Tarah Bailey (‘18) is our by U.S. News & World Report. new GWC Graduate Fellow. In this publication, we are happy to share news about Convening Excellence our programs, curriculum, and research that continue to On November 9, we will host the inaugural Ruth Wright advance our longstanding reputation for excellence. Distinguished Lecture in Natural Resources with a talk by Lisa Heinzerling, the Justice William J. Brennan Jr. 40 Years of Environmental Clinical Work Professor of Law at the Georgetown University Law Center. Her talk is titled, “Cost-Nothing Analysis: Environmental Founded in 1978, the Getches-Green Natural Resources Economics in the Age of Trump,” and she will work with and Environmental Law Clinic is one of the country’s first the editors of the Colorado Natural Resources, Energy, & environmental law clinics. You can read more about how Environmental Law Review to publish a related article. Sean Helle is now leading the clinic on page 1. His initial focus will be on protecting public lands, which will provide Additionally, the Schultz Lectureship in Energy will be our students experience with both federal administrative presented January 24, 2019, by Jody Freeman, the processes and litigation in federal court. Archibald Cox Professor of Law and founding director of the Harvard Law School Environmental and Energy Law 30 Years of On-the-Ground Learning Program. In 1988, Professor Emeritus Charles Wilkinson started the Advanced Natural Resources Seminar, which examines 2019 Clyde Martz Winter Symposium issues facing a specific geographic area and culminates in Featuring Secretary Sally Jewell a field trip. Seminar classes have studied and traveled to the Pacific Northwest, the Colorado Plateau, the Greater From February 28 to March 1, 2019, the GWC will convene Yellowstone ecosystem, and the Grand Canyon. I remem- an array of national experts from Harvard, Cornell, Duke, ber my 1989 seminar trip to Yellowstone as a 3L like it was Vanderbilt, Georgetown, UC Berkeley, UCLA, Oregon, Tex- yesterday. It helped shape my love of the West, fascination as, and Washington to discuss “The Changing Landscape with the challenges of managing our natural resources, of Public Lands.” Speakers will address a broad spectrum and sealed my commitment to public service. I was lucky of topics including constitutional law, regulatory innova- enough to teach the 2018 spring seminar, which included tion, energy, wildlife, intergenerational justice, and tribal leading 12 law students on a trip through the Colorado concerns. Several speakers have agreed to work with the Plateau and meeting with leaders who affect policy in the editors of the Colorado Law Review to contribute articles Four Corners region every day. generated from the symposium. The 2019 seminar, The Law of the Colorado River, will be 40 Years of Summer Conferences Addressing taught by Professor Sarah Krakoff. Four months of inten- Natural Resources sive study will culminate in a two-week float through the Grand Canyon portion of the Colorado River. These unique Over its rich history, our summer conference has ad- trips are simply life-changing. dressed many different natural resource issues. In more re- cent years, it largely focused on water law while the Martz Symposium touched on a wide variety of emerging issues concerning public lands, natural resources, energy, and the 2 The UniversiTy of Colorado law School INTRODUCTION environment. Keep an eye out for news about our June increasing fossil fuel extraction from our public lands. In- 2019 celebration of this milestone. advertently released documents by the Department of the Interior recently revealed that energy and mineral develop- Thanks To You! ment was an important part of its strategy in advocating for President Trump to revoke millions of acres of national And, of course, all of these efforts are made possible by monuments—the largest rollback of public land protec- the support we receive from people like you. Your tax- tions in history. deductible donation can be directed to support programs like the Ruth Wright Distinguished Lecture, student field In one of the shortest and most controversial tenures of trips, our conferences, or our student fellows. an EPA administrator, Scott Pruitt initiated a deregulatory agenda that has dominated the news. The White House We hope you enjoy the GWC newsletter and would love to Council on Environmental Quality is proposing the first hear from you. Please do not hesitate to reach out. To stay major revisions to the National Environmental Policy Act informed throughout the year, please check out the regulations in 40 years. Major regulatory revisions to the center’s website and our new blog, From the Baseline, Endangered Species Act are underway too, and bills to which includes blog posts written by our faculty, senior overhaul the act itself are pendng in the House and Sen- fellows, and select students. If you would like to submit a ate. piece for our blog, let me know. You can reach me at [email protected] or 303-492-1288. Between the flurry of new regulations promulgated at the end of the Obama administration and the flurry of efforts to dismantle those same regulations well underway in the current administration, the federal courts’ dockets are bursting with challenges and defenses. The BLM and EPA’s efforts to roll back regulations to reduce methane A Message from the Advisory waste have already led to a dizzying array of cases and differing judicial opinions. Board Chair by Scott Miller (‘98) Meanwhile, President Trump is successfully shifting the judiciary through a Senate unshackled from the judicial Natural resources, energy, filibuster and the “blue slip” tradition of deferring to the and environmental law and opinions of home-state senators. He has already appoint- policy seem to be changing ed nearly triple the number of judges to the courts of ap- faster and more dramatical- peals as President Obama did by this point in his first term. ly than in many decades. The Senate worked through its traditional August recess From energy markets to to focus on moving more nominations, and is on track to the regulatory agenda, and work more days than any Senate in nearly 50 years. from the judiciary to our public lands themselves, the With so much unprecedented change, the Getches-Wilkin- changes are more than one son Center Advisory Council and its array of experts in person can keep up with. natural resources, energy, and environmental law and policy helps the GWC keep up with it all so it can continue Nowhere is this more to provide critical information, analyses, discussion, and apparent than the dramatic facilitation to keep the legal community and the public up transformation of the energy sector.