Natural Resources Law Center
2007 Summer Conference

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University of Colorado School of Law
Natural Resources Law Center
SUMMER CONFERENCE June 6-8, 2007

NOTE: Click on the blue hyperlinks listed on the agenda below to access the various papers discussed during this conference. To view the actual presentations from the conference, click the icon by a presenter's name.

Agenda

Wednesday, June 6
8:15 Opening Remarks	Mark Squillace, Director, Natural Resources Law Center David Phillips, Rocky Mountain Mineral Law Foundation
Session 1	Reflections on Natural Resource Law and Policy
8:30	The Historical Evolution of Natural Resource Law and Policy Moderator: Sarah Van de Wetering, University of Montana Sally Fairfax, UC-Berkley Helen Ingram, UC-Irvine Leigh Raymond, Purdue University This presentation will set the stage by summarizing major trends and issues across the natural resources spectrum.
9:15	Natural Resources and Constitutional Law James May, Widener University School of Law How evolving constitutional law principles influence natural resources law and policy.
9:45	Discussion
10:00	Morning Break
10:30	Panel: Changing Perspectives, Paradigms, and Interrelationships Moderator: Nestor Davidson, University of Colorado School of Law Why Care about the Polar Bear? Economic Analysis of Environmental Law and Policy Lisa Heinzerling, Georgetown Law School How economic analysis as currently practiced slights the true value of natural resources, with particular reference to the polar bear and the future. The Intersection of Environmental Law and Natural Resource Law Karin Sheldon, Vermont Law School How the values and ideologies of environmental law - a discipline that has emerged only in recent decades - are, and are not, integrated with resources law. Federalism and Natural Resource Policy Robert Fischman, Indiana University - Bloomington The shifting balance between federal and state authority over natural resource management, especially public lands. The Growing Influence of Tort and Property Law on Natural Resources Law Alexandra Klass, University of Minnesota Law School How the development of natural resource law and policy increasingly takes into account issues of tort and property law.
12:15	Discussion
12:30	Lunch on the patio
Session 2	The New Playing Field and The Public and Private Players
1:30	Panel: Governance, Planning, & Public Participation Moderator: Michael Gheleta, Brownstein Hyatt Farber Schreck Deciding who Decides: Agencies, Courts and the Public’s Role in Natural Resource Law Mark Squillace, University of Colorado School of Law How agencies make resource management decisions, including the use of public participation, as well as how the roles of the legislative and judicial branches have changed over time. Tribal Perspectives on Natural Resource Policy Donald Wharton, Native American Rights Fund The role of Tribes in natural resource management on Native American lands. What are the appropriate roles of Tribes, State and federal agencies, and the public in decisions affecting tribal resources? What is in a name? Why Multiple-Use Management Could, But Rarely Does, Result in Wilderness Protection James Rasband, Brigham Young Univ. J. Reuben Clark Law School What does the story of Interior Secretary Babbitt’s wilderness re-inventory, the creation of wilderness inventory areas, and their subsequent demise as a result of the federal government’s settlement of a lawsuit with Utah tell us about the importance of naming and labeling in natural resources law? Is planning for preservation possible in a multiple use regime?
3:00	Discussion
3:15	Afternoon Break
3:45	Panel: Resource Trends and Regimes Moderator — Gary Bryner, Brigham Young University Sources of Stress and the Changing Context of Natural Resources Law and Policy in the New West Dr. William Travis, Dept. of Geography, Univ. of Colorado The West will grow faster than the nation as a whole for the foreseeable future, and population growth, economic change, sprawling land development, and even climate change will make the future unlike the past. What are the major trends and what does this changing context mean for resources law?
4:15	Resource Rights and Methods of Accommodating Change - A Functional Approach Eric Freyfogle, University of Illinois College of Law Describing the challenge of creating resource use regimes that can successfully address the many conflicts among uses and users that inevitably arise over time - why the current regime of precisely-defined private rights is insufficient, and why we need to think about ways to promote resource governance regimes at a more local level with greater involvement of the resource users.
4:45	Discussion
6:00	Natural Resource Law Center 25th Anniversary Reception and Barbecue

Thursday, June 7
8:30	Understanding Natural Resources Law & Policy through Case Studies John Nagle, Univ. of Notre Dame Law School
Session 3	Oil, Gas, and Mining
9:00	The Future of Mineral Development on Federal Lands in the United States John Leshy, Univ. of California, Hastings College of Law Case Study Panel and Discussion: *Oil and Gas Development* Moderator: Clay Parr, Parr, Waddoups, et al. John Leshy Mary Viviano, EnCana Mike Chiropolos, Western Resources Advocates
10:15	Morning Break
Session 4	Public Lands and Public Resources
10:45	Trends and Challenges in Protected Land Systems Robert Keiter, University of Utah College of Law Case Study Panel and Discussion: *The Roadless Rule and Other Bush Strategies for Protecting Public Lands* Moderator: Don Barry, The Wilderness Society Robert Keiter Jim Angell, EarthJustice Sharon Friedman, USDA Forest Service−Rocky Mountain Region
12:00	Lunch (on your own)
Session 5	Conservation and Restoration
1:30	Restoration of Ecosystems and Other Natural Resources William Rodgers, University of Washington Law School Case Study Panel and Discussion: *Dam Removal on the Elwha River* Moderator: Guy Martin, Perkins Coie, DC William Rodgers Tim Randle, Bureau of Reclamation Russ Busch,Lower Elwha Klallam Tribe
2:45	Wildlife and Biodiversity Conservation J.B. Ruhl, Florida State University Law School Case Study Panel and Discussion: *Klamath* *River Basin* Moderator: Larry MacDonnell, Lawrence J. MacDonnell, P.C. J.B. Ruhl Greg Jaeger, Marzulla & Marzulla; A. Dan Tarlock, Chicago-Kent College of Law
6:00	Natural Resources Law Teachers Reception Millennium Hotel (hosted by Rocky Mountain Mineral Law Foundation)
Friday, June 8
Session 6	Water
8:15	Currents in Water Resources Law and Policy David Getches, Dean, Univ. of Colorado School of Law A. Dan Tarlock, Chicago-Kent College of Law Case Study Panel and Discussion: *Can Prior Appropriation Survive? What Might Replace It?* Moderator: Doug Kenney, Natural Resources Law Center A. Dan Tarlock David Getches Justice Greg Hobbs, Colorado Supreme Court Matt Jenkins, High Country News
9:45	Morning Break
Session 7	Forests and Rangeland Management
10:15	Forests and Range Federico Cheever, University of Denver Sturm College of Law Case Study Panel and Discussion: *NEPA Compliance for Timber & Grazing Permits* Moderator: Jonathan Hanna, Research Fellow, Natural Resources Law Center Glenn Casamassa, Forest Supervisor Arapaho-Roosevelt National Forest Federico Cheever Joe Feller, Arizona State University College of Law
Session 8	The Future of Natural Resources Law and Policy
11:30	Speculations on Natural Resources Law and Policy in the Next Administration David Getches Sally Fairfax John Leshy Ann Morgan Charles Wilkinson Discussion
12:30	Conference Adjourns

The University of Colorado at Boulder Law School

Natural Resources Law Center 2007 Summer Conference

University of Colorado School of Law Natural Resources Law Center SUMMER CONFERENCE June 6-8, 2007

Agenda

Session 1

Reflections on Natural Resource Law and Policy

Session 2

The New Playing Field and The Public and Private Players

Thursday, June 7

Session 3

Oil, Gas, and Mining

Session 4

Public Lands and Public Resources

Session 5

Conservation and Restoration

Session 6

Water

Session 7

Forests and Rangeland Management

Session 8

The Future of Natural Resources Law and Policy

Natural Resources Law Center
2007 Summer Conference

University of Colorado School of Law
Natural Resources Law Center
SUMMER CONFERENCE June 6-8, 2007