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Rocky Mountain Mineral Law Foundation Conference

The Rocky Mountain Mineral Law Foundation offers free admission and financial support for travel to students interested in attending one of its conferences.  This fall, there are two opportunities available: a conference on International Energy and Minerals Arbitration http://www.rmmlf.org/confrnce/ARB2news.pdf  and Renewable Electric Energy Law and Developmenthttp://www.rmmlf.org/confrnce/REEnews.pdf.  If you are interested in attending one of these conferences, you must obtain a recommendation from Professor Smith, Professor John Dzienkowski, or Professor Melinda Taylor.

Center Launches Fellowship for Law Students

The Center for Global Energy, International Arbitration and Environmental Law at The University of Texas School of Law has created a new fellowship program that recognizes students interested in pursuing careers in one of its three core subject areas.

For its inaugural fellow, the center selected David Fisher, a Victoria, Texas, native who intends to pursue a career in public interest law, focusing on the convergence of international law, human rights and environmental policy.

“This fellowship is an incredible way for me to harness UT Law’s unmatched reputation in energy and environmental law and its strong presence in Latin America,” said Fisher, who received his bachelor’s degree from UT Austin in 2012 and is expected to complete his J.D. in 2015.

The center will provide fellows with $2,500 per semester and allow them to contribute to its programming and policy research. Through the fellowships, students will develop expertise in cutting-edge issues, cultivate relationships with leading practitioners and receive mentorship from center staff.

“One of the foundational purposes of the center is to enhance educational opportunities in energy, international arbitration and environmental law,” said Melinda Taylor, who is the executive director of the center. “The fellowship perfectly complements the curricular and extracurricular opportunities the center already offers.”

To be eligible, students must be entering or currently in their second or third years, and must have demonstrated a commitment to practicing in one of the center’s subject areas.

Jeff Civins, “Texas Water Permit Fight May Foster More Takings Claims” (Law 360)

On August 28, 2013, a San Antonio appellate court issued the first major opinion involving groundwater takings under the new water rights doctrine the Texas Supreme Court established under its 2012 opinion, Edwards Aquifer Authority v. Day.

The appellate court found that the Edwards Aquifer Authority had committed a regulatory taking when it limited the amount of groundwater a pecan orchard could withdraw.  The decision has attracted considerable interest in the Texas water law community and could open the doors for many more takings claims.

In an August 29 article, Law 360 quoted Jeff Civins — a partner in the Austin office of Haynes and Boone, an Energy Center board member, and a UT Law adjunct — on the potential implications.

“The stream of litigation and potential that groundwater districts must foot the cost of those takings claims will put a great deal of pressure on water managers, said Jeff Civins of Haynes & Boone LLP. Civins said although the appellate court determined that the groundwater district and the state share liability for the takings claim, the state should step in and help, because the water management districts already have limited budgets and resources.

“’It’s not a regional issue, it’s a statewide issue and it should be dealt with on statewide basis,’” Civins said. ‘The practical impact going forward of the authority making these decisions and then facing litigation anytime somebody gets less than they think they’re entitled to is only going to be exaggerated because we now have less water to go around.’”

David Spence, “Businesses Back Greenhouse Gas Emissions Law” (New York Times)

In a New York Times story on a new Texas law giving state environmental regulators the authority to issue greenhouse gas permits, Professor David Spence explains the reasons that Texas has not regulate greenhouse gas emissions to date:

“Abbott and the state environmental agency say the EPA gave states an unfairly short time for developing the new permit rules.

“The accelerated timeline ‘gives room for argument’ that the state was wronged, said David Spence, a professor of business and law at the University of Texas at Austin. Still, he said, the requirements did not come out of nowhere. The Bush EPA believed it did not have the authority to regulate greenhouse gases, he noted. It was the Supreme Court that indicated it should do so in 2007.

“Nonetheless, of all the states, ‘only Texas said, “We’re never going to regulate greenhouse gases,’” Spence said. ‘I guess everyone can draw their own conclusions over whether that’s a prudent interpretation of the law, or just political posturing.’”

David Spence, “How Enron changed regulation” (Marketplace)

A July 18 segment from NPR’s Marketplace explores the Federal Energy Regulatory Commission’s recent enforcement activities targeting financial companies.  For expert perspective, the segment quotes UT Law Professor David Spence.

“Banks have slowly gotten into that same space that Enron used to occupy,” Spence explains.  Financial institutions now dominate energy trading and, as a result, have greater incentive to manipulate energy markets.