Colorado Natural Resources, Energy, & Environmental Law Review

Volume 25, Issue 2

Volume 25, Issue 1

Volume 24, Issue 2

Volume 24, Issue 1

Volume 23, Issue 2

Volume 23, Issue 1

Volume 22, Issue 3

The Colorado Journal of International Environmental Law & Policy (CJIELP) is now the Colorado Natural Resources, Energy & Environmental Law Review, which provides a forum for natural resources, energy, and environmental law and policy on local, regional, and global scales. The last issue of CJIELP was published as Volume 24, Issue 1 in the winter of 2013 and the first issue of the Colorado Natural Resources, Energy & Environmental Law Review will be published as Volume 24, Issue 2 in the summer of 2013.

CJIELP was founded in 1989 by an enterprising group of law students interested in creating a publication that focused on the then emerging field of international environmental law. As the great environmental issues of our times have been increasingly addressed at multiple levels of governance through disparate bodies of law, CJIELP gradually broadened its scope to include these approaches without changing its title. The Board of Editors believes that the new title will not only reflect this broader scope, but will position the publication to attract articles about the most pressing issues related to natural resources, energy, and the environment for years to come.

The Colorado Natural Resources, Energy & Environmental Law Review will continue to publish articles about public international environmental law and global environmental problems. We anticipate featuring an international article in every issue of the Colorado Natural Resources, Energy & Environmental Law Review.

The Colorado Natural Resources, Energy & Environmental Law Review is also beginning a partnership with the new Getches-Wilkinson Center for Natural Resources, Energy, and the Environment. The Board of Editors look forward to working with the Center on symposia and lectures, material from which will be published in the Colorado Natural Resources, Energy & Environmental Law Review. Please enjoy the final issue of CJIELP and look for the first issue of the Colorado Natural Resources, Energy & Environmental Law Review in the summer of 2013.

Subscriptions

Subscriptions to the Colorado Natural Resources, Energy & Environmental Law Review are on a per-volume basis with our subscribers receiving two issues per volume, as of Volume 23.

To order a subscription or a single issue, please contact the Managing Editor via e-mail or phone at envtl.law.review@colorado.edu or 303.492.2265. Our rates are as follows:

RATES

Entire Volume

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Overseas Postage

Institutional

$45.00

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$15.00 additional

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$5.00 additional

*Tax is required on subscriptions for Colorado subscribers, unless a tax exempt number is provided.

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Change of Address

To notify the Journal of a change of address or to cancel your subscription, kindly contact us by e-mail, fax, mail, or phone at:

Colorado Natural Resources, Energy & Environmental Law Review
320-H Wolf Law Building
401 UCB
Boulder, Colorado 80309-0401

envtl.law.review@colorado.edu

303.492.2265
303.735.0169 (fax)

All notifications of change of address should include both old and new addresses. Please also include our SubID number, or publisher reference number.

Claims

Unless a claim is made for non-receipt of an issue within six months after the mailing date, we cannot be held responsible for supplying those issues without charge.

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To receive a refund, notice of cancellation must be received before the first issue of the volume has been published.

The Colorado Natural Resources, Energy & Environmental Law Review is a biannual, interdisciplinary publication featuring articles discussing the broad fields of natural resources, energy, and environmental law and policy. The Journal has a diverse audience including policy-makers, scholars, students, and organizations concerned with natural resources, energy, and environmental issues. The Journal is interested in articles submitted by authors that fall within the scope of its title. As a Journal formerly focused on international environmental law, we carry on this rich tradition by publishing one article per issue that addresses environmental issues with international implications. Authors uncertain whether their article is suitable for publication in the Colorado Natural Resources, Energy & Environmental Law Review are encouraged to contact the Editor-in-Chief to discuss the subject matter of their article. The following are guidelines and procedures for publication:

Articles Submission Information

The Colorado Natural Resources, Energy & Environmental Law Review welcomes the unsolicited submission of articles and provides the following guidance regarding submissions.

  1. The article must be accompanied by the author’s CV or resume. The author must have completed an advanced graduate degree, but a JD is not required.
  2. Most accepted articles are between 35 and 75 double-spaced manuscript pages in 12-point type. Papers longer than 125 pages will generally not be considered. Longer articles may be edited to meet publication requirements.
  3. The article must address one of the following fields: natural resources, energy, or environmental law and policy.
  4. Student notes are not accepted.
  5. Electronic submissions are preferred, either through ExpressO (http://www.bepress.com) or by email (elr.articles@colorado.edu).
  6. Hard copies submitted via mail are also accepted. Please submit a printed copy of your manuscript, accompanied by a Microsoft Word version on a PC compatible compact disc (CD). Once received, manuscript originals will be returned only if accompanied by sufficient postage. Please address manuscripts as follows:

Leads Articles Editor
Re: Manuscript Submission
Colorado Natural Resources, Energy & Environmental Law Review
320 Wolf Law Building
Campus Box 401
Boulder, CO 80309-0401

  1. Papers submitted for publication should use citation conventions from The Bluebook: A Uniform System of Citation, Nineteenth Edition (2010), available from The Harvard Law Review Association; Gannet House; 1511 Massachusetts Avenue; Cambridge, Massachusetts 02138, or at most law school bookstores and libraries. If you are unable to obtain this manual or are unfamiliar with legal citation format, please provide complete citation information in your footnotes. Please note that authors who cite to sources or references which are difficult or impossible to obtain will be expected to provide the Journal with a copy of the cited source by mail or fax after acceptance for publication and within a reasonable time after the Journal has requested it.

Articles Selection and Editing Process

To be accepted for publication, all papers must meet both the substantive and stylistic criteria of the Journal. Simply stated, papers must involve an examination of natural resources, energy, or environmental issues and be rigorously footnoted. In addition, we will select one exceptional article that addresses environmental issues with international implications for each issue.

The preliminary review process takes about two weeks.  Where appropriate, papers may be reviewed by experts in the relevant field to aid the Journal's selection decision and subsequent editing processes. You will be notified of the Journal’s decision upon completion of the review. In most cases of acceptance, we will make an offer of publication by electronic mail and then provide an electronic letter and copy of our standard author's contract. Articles or other materials from authors may be unconditionally accepted for publication prior to undergoing any editorial modifications. Materials may also be conditionally accepted with the understanding that the author will undertake major modifications prior to publication. Articles Editors will work with authors to refine the written product with the overall objective to enhance the effectiveness of written communication.

The Journal reserves the right to revoke acceptance of any paper which, upon closer examination, is not acceptable to the Journal in form or substance, or which contains information or citations which cannot be verified.

Accepted papers will be edited for substance, grammar, and verification of citations. The author retains control of any substantive changes, while the Journal staff controls grammatical and stylistic changes.

Authors of published papers receive two copies of the Journal issue containing their work and twenty bound reprints of their paper. Additional reprints are available upon request at the author's expense.

For more information about the article submission process or for answers to specific questions, please contact the Lead Articles Editor via e-mail at elr.articles@colorado.edu.

 

Incoming second and third year students are invited to participate on the Environmental Law Review based on either our cite-on or write-on competition.

Cite-on:  The cite-on competition occurs annually during Spring Break and students are evaluated based on completion of a citation exercise, statement of interest, and anonymous resume.

Write-on: The write-on competition occurs annually after spring semester finals, in conjunction with the other Journals. Students must submit an original work written on any topic contained in the write-on packet, which has all the sources that may be referred to while writing the paper. Reference to any other source is prohibited. Students must also submit a statement of interest and anonymous resume.

  •  Submissions for both competitions are read and evaluated by current Environmental Law Review members.
  •  For both competitions, the Environmental Law Review considers interest in the Journal’s subject matter as a minor factor.
  •  The grading sheets used are available upon request.
  •  The Journal extends invitations to fill approximately half its membership for the upcoming academic year based on the cite-on competition and fills the remainder of its membership based on the write-on competition.

 For more information about either competition, please contact the Editor-in-Chief at envlt.law.review@colorado.edu.

If you are a transfer student entering the University of Colorado Law School as a second year student in August, and you would like to participate in the write-on competition for your current year, please email the Environmental Law Review’s Editor-in-Chief at envtl.law.review@colorado.edu.

 

Drafting Model Laws on Indoor Air Pollution for Developing and Developed Nations

2012 - Summer Symposium

Thursday and Friday, July 12-13, 2012

Wolf Law Building

The 2012 Summer Symposium was a resounding success. The Colorado Natural Resources, Energy & Environmental Law Review teamed with Lakshman Guruswamy, the Nicholas Doman Professor of International Environmental Law and Director of the Center for Energy and Environmental Security at the University of Colorado Law School, and Jude Biggs, a partner at Holland & Hart in Boulder, CO, to co-host the Symposium.

The primary purposes of the Symposium were to discuss the global problem of indoor air pollution from inefficient cook stoves and write model laws to address this challenge. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The practical and affordable solution to indoor air pollution would be to use more efficient cook stoves that provide better combustion and do not emit black soot. A number of national and international initiatives have been pursuing this solution. These efforts, however, are largely unsupported by any legal scheme that establishes workable cook stove programs and funding. This Symposium produced a Model Law for Developed Nations and a Model Law for Developing Nations, both of which can be implemented to help solve the air pollution problem caused by inefficient cook stoves.

The Symposium featured three speakers: Cynthia Barr, Christian L'Orange, and Lakshman Guruswamy. Cynthia Barr, a founding member of the International Consortium for Law and Development and an adjunct professor at Boston University School of Law, discussed the importance of law as an instrument of social change in developing countries. Christian L'Orange, a Ph.D. candidate at Colorado State University in Fort Collins, CO, discussed the engineering challenges of designing and marketing cook stoves. Lakshman Guruswamy let the roundtable discussions to draft the Model Laws. The symposium attendees included graduate and undergraduate students from multiple departments at the University of Colorado, Boulder, domestic and foreign visiting professors, and other professionals and attorneys. Collectively, the symposium attendees and speakers produced two sets of Model Laws and commentaries to help nations solve the problem of air pollution from inefficient cook stoves: Model Laws for Developing Nations and Model Laws for Developed Nations. Both sets of Model Laws and the commentaries will be published in the Colorado Natural Resources, Energy & Environmental Law Review.

 

The Human Impacts of Energy Exploration and Development

2012 – Spring Symposium

Friday, March 16, 2012

Wittemyer Courtroom, Wolf Law Building

The 2011-2012 Annual Symposium featured a panel of five distinguished speakers. Lakshman Guruswamy, the Nicholas Doman Professor of International Environmental Law and Director of the Center for Energy and Environmental Security at the University of Colorado Law School, provided introductions and William Boyd, who is an associate professor at the University of Colorado Law School, moderated the panel discussion. Darren Kew, Professor and Executive Director of the Center for Peace, Democracy, and Development at the University of Massachusetts, Boston, spoke about oil, corrupt politics, and corporations in the Niger Delta. Alice E. Walker, the managing partner of McElroy, Meyer, Walker & Condon, P.C., discussed the impacts of resource development projects on native communities. Judith Kimerling, Professor of Environmental Law and Policy at The City University of New York, Queens College, shared her thoughts on oil, transnational litigation, and indigenous peoples in the Amazon. Anne Richardson, a partner at Hadsell Stormer Keeny Richardson & Renick, a private plaintiffs' law firm located in Pasadena, used Doe v. Unocal as a case study to discuss corporate accountability for international human rights violations. Kari Lydersen, a Ted Scripps Environmental Journalism Fellow, addressed mining concerns and spoke about the potential impacts of Pacific Rim’s CAFTA lawsuit against El Salvador.

 

Hydraulic Fracturing: A look into the science, law and policy of one of America’s most contentious issues

2011 – Fall Lecture

Friday, October 28, 2011

Wittemyer Courtroom, Wolf Law Building

The Colorado Journal of International Environmental Law and Policy presented two speakers for a discussion on the science, policy, and law implications of hydraulic fracturing, or “fracing.” Mike Eberhard, the Completion Engineering Manager for Anadarko’s Rockies horizontal wells team, explained the science and technology behind hydraulic fracturing. He also talked about some of the safety and environmental regulations from the industry perspective. He was followed by a presentation by Michael Chiropolos, the Lands Program Director for Western Resource Advocates, on the law and policy of hydraulic fracturing. The focus of his presentation was the impacts of fracing on communities, offering an alternative perspective on the issue.

 

Designing New Flexibility Mechanisms and Overcoming Technological, Financial and Institutional Challenges

2010 Fall Symposium: Energy Justice Conference

Friday and Saturday, November 5-6, 2010

The 2010 Energy Justice Conference took place on November 5th and 6th, 2010. This event was presented by the Colorado Journal of International Environmental Law and Policy and the Center for Energy and Environmental Security (CEES).

This working conference focused on mainstreaming appropriate sustainable energy technologies by addressing technological, institutional, and financial challenges. Technology breakout sessions in cooking, illumination, communication, drinking water, and agriculture discussed issues at the forefront of each field. Institutional and financial roundtables explored how the next round of climate change meetings could design post-Kyoto flexibility mechanisms that give credits for the reduction of black carbon, thereby generating capital and incentivizing small projects aimed at the energy poor.

 

Universities and Law Schools as Incubators: Energy & Environmental Problem Solving

2010 - Spring Lecture

Wednesday, April 14, 2010

Wittemyer Courtroom, Wolf Law Building

Professor Lakshman D. Guruswamy discussed why law schools should not be confined to training students to solve cases and controversies; why and how universities and law schools should become incubators for solving major local, national, and international energy and environmental problems; why law schools are qualified to do so; and Jeremy Bentham's jurisprudential legacy.

Professor Guruswamy, the Nicholas Doman Professor of International Environmental Law and Director of the Center for Energy & Environmental Security of the University of Colorado, is one of the world's recognized experts in International Environmental Law. He is the author of: International Environmental Law in a Nutshell (2d ed. 2003), Legal Control of Land Based Sea Pollution (1982), and the co-author of: International Environmental Law and World Order (2nd. 1999), Biological Diversity: Converging Strategies (1998), Arms Control and the Environment (2001).

 

Making Sense of International Environmental Law

2009 - Inaugural Spring Lecture

Tuesday, March 31, 2009

Wittemyer Courtroom, Wolf Law Building

Daniel B. Magraw gave the first annual lecture of the Colorado Journal of International Environmental Law and Policy. This first lecture, celebrating the Journal's 20th anniversary, was entitled “Making Sense of International Environmental Law.” Mr. Magraw is the President and CEO of the Center for International Environmental Law (CIEL) in Washington, DC, and before moving to CIEL, Mr. Magraw served as the Director of the International Environmental Law and Policy Office of the U.S. EPA from 1992-2001. A former professor at the University of Colorado Law School, Mr. Magraw was the faculty founder of the Colorado Journal of International Environmental Law and Policy. His lecture discussed the state of the field of international environmental law and identified future trends and directions.