Wallace Stegner Center for Land, Resources and the Environment

S.J. Quinney College of Law 383 South University Street Salt Lake City, UT 84112

WA LLAC E S T EGNER C E N T E R F O R LA ND, R ES O U R C E S A ND T HE ENV IR ON M E N T WALLACE S TEG NER CENTER F O R LAND, RESO U R CES AND T HE ENVIR O NMENT

383 South University Street Salt Lake City, UT 84112 (801) 581-6833 law.utah.edu/stegner stegnercenter@law.utah.edu

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THE WALLACE STEGNER CENTER

THE U N IVERS IT Y OF U TA H S.J . Q U INNE Y COLLEGE OF L AW

WALLACE ST EG N ER CEN T ER F OR LAND, R E SOUR CES AND T H E EN V I R ONMEN T At the S.J. Quinney College of Law, we’re small by design but big on everything that matters in a law school. Our intimate class sizes ensure students are engaged with top faculty and have every opportunity to succeed.

The Wallace Stegner Center for Land, Resources and the Environment at the University of Utah S.J. Quinney College of Law offers students one of the top 10 environmental and natural resources law programs in the United States. Modern society has the power to profoundly alter our natural surroundings, from the carbon emissions of our fossil fuel-dependent economy, to the fragmentation of ecosystems through development, to the conflict over allocating scarce water resources. Understanding the environment, how humans interact with it, and the tradeoffs and choices we face are some of the most crucial issues of the day. The Stegner Center, named after the Pulitzer Prize-winning author and conservationist Wallace Stegner, is dedicated to understanding today’s critical environmental challenges and to increasing public understanding and promoting dialogue about how to live within sustainable limits. The Center offers students a variety of educational opportunities, including a J.D. Certificate in Environmental and Natural Resources Law; an LL.M. degree; an environmental clinic and practical skills curriculum; numerous substantive law courses; an Environmental Dispute Resolution Program; and a variety of other events and activities at the College of Law. The Stegner Center boasts a talented group of faculty fully committed to shaping environmental policy and to involving students in that work. Faculty members serve on local and national NGO boards and advisory committees, are consulted by state and federal government officials on a range of policies, and testify before Congress and other policy-making entities.

STUDENT SUPPORT Students come first at the Stegner Center. Substantial scholarship assistance is available to students focusing on environmental and natural resources law. Full-tuition scholarships include: the ESRR Wallace Stegner Center Environmental Scholarships that cover three years of tuition for meritorious applicants; the Calvin A. and Hope Eccles Behle Fellowships for students selected as faculty research assistants; the O’Hara Fellowship that also covers a summer clerkship and two years of employment with the Utah Attorney General’s Office upon graduation; the Dewnup Fellowship that includes a summer clerkship with the Utah Attorney General’s office; and the Anderson Fellowship in Oil & Gas Law that includes a paid summer internship in Holland and Hart’s oil and gas practice group.

ADJUNCT FACULTY, AFFILIATE FACULTY, AND EMERITUS FACULTY JARED BENNETT Assistant United States Attorney, U.S. Department of Justice, teaches natural resources and environmental crimes STEVEN E. CLYDE Vice President, Shareholder and Director, ClydeSnow Attorneys at Law, teaches water law JORGE CONTRERAS Associate Professor, teaches intellectual property, with a research focus on risk and technology in pollution and climate change policy ERIKA R. GEORGE Samuel D. Thurman Professor of Law, teaches international human rights JAMES A. HOLTKAMP Partner, Holland & Hart, teaches climate change law JENNIFER HORNE Associate, Holland & Hart, coaches Stegner Center moot court teams MEGAN HOUDESHEL Member, Parr Brown’s Environmental and Natural Resources Law Team, directs environmental law clinic and teaches environmental practice DANIEL A. JENSEN Shareholder, Parr Brown Gee & Loveless, teaches mining law STEVEN G. JONES Of Counsel, Holland & Hart, directs environmental law clinic and teaches environmental practice WILLIAM J. LOCKHART Professor Emeritus of Law, University of Utah S.J. Quinney College of Law M. BENJAMIN MACHLIS Partner, Dorsey & Whitney LLP, coaches Stegner Center moot court teams THOMAS A. MITCHELL Senior Counsel, State of Utah, School and Institutional Trust Lands Administration, teaches oil and gas law JEFF SCHWARTZ William H. Leary Professor of Law, teaches business law, with a research focus on the regulation of conflict minerals ALEXANDER TALLCHIEF SKIBINE S.J. Quinney Professor of Law, teaches American Indian law MICHELE STRAUBE, Founding Director, Environmental Dispute Resolution Program; Adjunct Professor KELLY A. WILLIAMS Of Counsel, Ray, Quinney & Nebeker, teaches oil and gas law

STAFF JAN NYSTROM Associate Director KRISTINA MONTY Program Manager, Special Events ANGELA TURNBOW EDR Blog Coordinator

Wallace Stegner (1909-1993), a Pulitzer-Prize-winning author and 1930 University of Utah graduate, profoundly affected the modern conservation movement through his writings and activism.

The Stegner Center also sponsors various student activities, ranging from professional conferences to employment-oriented social gatherings. The Center annually sends student teams to the Pace University Environmental Law Moot Court Competition and West Virginia University’s National Energy & Sustainability Moot Court Competition, where our teams have regularly reached the quarter- and semi-final rounds. In addition, the Center collaborates with the Natural Resources Law Forum, the law school’s 40-year-old student environmental law organization, to support various programs, speakers, and other opportunities addressing the practice of environmental and natural resources law. Students interested in environmental and natural resource law careers have access to the College of Law’s Professional Development Office. Stegner Center graduates hold positions in prestigious law firms, nonprofit environmental organizations, and government agencies, including the U.S. Department of Justice, the Department of the Interior Solicitor’s Office, Southern Utah Wilderness Alliance, Western Resource Advocates, and state Attorney General offices.

The College of Law has received the prestigious LEED Platinum designation for its green building.

NANCY A. MCLAUGHLIN Robert W. Swenson Professor of Law B.S., University of Massachusetts; J.D., University of Virginia School of Law Professor McLaughlin is a national expert on conservation easements, conservation tax incentives, and nonprofit governance issues, and she writes and lectures extensively on these issues. She is serving as Associate Reporter for the American Law Institute’s Restatement of the Law of Charitable Nonprofit Organizations and as a member of the ABA’s Task Force on conservation easement reforms. She also serves on the Board of Regents of the American College of Trust and Estate Counsel, on the Board of Directors of Utah Open Lands, and on advisory boards of Vital Ground and the Wildlife Land Trust. She consults with land trusts, landowners, government entities, regulators, and others regarding conservation easements and nonprofit governance issues. She blogs on conservation easement current developments on the Law Professors Nonprofit Law blog. Prior to joining the faculty at Utah, Professor McLaughlin practiced sophisticated tax and estate planning with the two major law firms in Virginia. ARNOLD W. REITZE JR. Professor of Law B.A., Fairleigh Dickinson University; M.P.H., Johns Hopkins University; J.D., Rutgers University Professor Reitze has extensive experience in the private sector doing air pollution compliance counseling and litigation. He has written seven books and more than 85 research studies and articles on environmental law. His most recent books are: Air Pollution Control and Climate Change Mitigation Law; Stationary Source Air Pollution Law; and The Law of Air Pollution: Compliance & Enforcement. He served as J.B. and Maurice C. Shapiro Professor of Environmental Law and director of the Environmental Law Program at George Washington University School of Law for 38 years. He is a member of Utah's Air Quality Board. DANYA RUMORE Director, Environmental Dispute Resolution Program; Research Assistant Professor B.S., Oregon State University; M.Sc., University of Auckland, New Zealand; Ph.D., Massachusetts Institute of Technology Professor Rumore is the Director of the Environmental Dispute Resolution Program. She is also a Research Assistant Professor in the City and Metropolitan Planning Department and a research affiliate of the Ecological Planning Center and Global Change and Sustainability Center. Professor Rumore’s research and work focus on supporting collaborative decision-making and

stakeholder engagement in the context of science-intensive environmental issues, with a particular focus on climate-related risk management, water resources management, and regional planning. She is an author of the book Managing Climate Risks in Coastal Communities: Strategies for Engagement, Readiness and Adaptation. JOHN RUPLE Research Associate Professor; Wallace Stegner Center Fellow B.A., Western Washington University; M.S., Michigan State University; J.D., University of Utah S.J. Quinney College of Law Professor Ruple’s work focuses on public land and natural resource management, including national monument designation, federal public land planning and management, efforts to transfer federal public lands to the states, federal-state land exchange reform, and environmental impact review efficacy. Prior to joining the Stegner Center, Professor Ruple served as a Fellow with the University of Utah’s Institute for Clean and Secure Energy, as a policy analyst in Governor Jon Huntsman Jr.’s Public Land Policy Coordinating Office, as an environmental litigator in private practice, and as a NEPA contractor and project manager specializing in permitting for ski areas operating on National Forest System lands.

DEGREE PROGRAMS The S.J. Quinney College of Law and the Stegner Center offer diverse nationally recognized programs in environmental and natural resource law at the J.D. and post-J.D. levels. Basic survey courses in natural resources and environmental law are supplemented by advanced courses and seminars in environmental practice, protected lands, water law, wildlife law, the environment and business, land use, regulated industries, energy law, Indian law, and international environmental law. J.D. students may pursue a Certificate in Environmental and Natural Resources Law. The Master of Laws in Environmental and Resource Law (LL.M.) degree is a one-year program that provides advanced training in environmental and natural resources law. Our LL.M. graduates hail from around the world, including India, China, Peru, Nepal, Italy, Japan, Ghana, Slovenia, and Sri Lanka. Graduates hold a variety of positions in academia, nonprofit environmental organizations, and law firms, including Washburn University, Gonzaga University, Earthjustice, and various home-country environmental ministries.

LIMITLESS OPPORTUNITIES At the Stegner Center, students can delve deeply into environmental law. The Center’s annual symposium brings together legal scholars, thinkers, and practitioners from around the world to tackle pressing environmental issues. Recent symposia have focused on wildlife conservation, alternative energy, global climate change, and sustainability.

Utah’s energy future, and the Snake River Valley-Las Vegas water transfer proposal. The Center has hosted numerous luminaries, including Bruce Babbitt, Wendell Berry, Helen Caldicott, Douglas Chadwick, Jody Freeman, Jonathan Jarvis, Patty Limerick, Pamela Matson, Bill McKibben, Pat Mulroy, Naomi Oreskes, Robert V. Percival, Zygmunt Plater, Joe Sax, Lynn Scarlett, George Schaller, Michael Soule, Alan Weisman, Charles Wilkinson, and Terry Tempest Williams, among others.

HANDS-ON EXPERIENCE Students entering their second year of law school can engage in collaborative, real-world problem solving through the environmental law clinical program. By providing students with an opportunity to work with private law firms, regulatory agencies and nonprofit organizations on legal issues, the clinic helps students to develop the practical skills required to become effective attorneys. The clinic has two components: a weekly class meeting and an individual student project in which the student is paired with an outside attorney to work on an active case with a client. Each project is unique, and the range of potential projects fills the spectrum of environmental advocacy, from litigation, to administrative petitions, to strategic white papers or policy proposals, to regulatory drafting, to environmental enforcement. The clinic expands experiential and skill-oriented learning opportunities for students, while providing a variety of on-the-ground practical legal experiences. Currently the clinic coordinates placements for students in governmental agencies, NGOs, non-profit

AMY WILDERMUTH Associate Vice President for Faculty; Chief Sustainability Officer; Professor of Law A.B., B.S., Washington University; M.S., J.D., University of Illinois at Urbana-Champaign After serving as a visiting professor at Utah and at the University of Illinois, Professor Wildermuth joined the college in 2003 following a clerkship with Justice John Paul Stevens of the U.S. Supreme Court. Her scholarly work and co-authored Supreme Court amicus briefs focus on the intersection of administrative law and environmental law. She currently leads the University of Utah’s Sustainability Office.

“The Center brings intriguing speakers to the law school through its Green Bag Lunch program and promotes objective and informed discussions about natural resources and environmental law. The professors are experts in their field and bring years of experience to classroom discussions. The Wallace Stegner Center is the capstone of my law school experience.” —Megan Mustoe (Class of 2017)

Utah, host of the 2002 Winter Olympics, is home to 33.2 million acres of public land, including 5 national parks, 8 national monuments, and world class recreation opportunities for skiing, mountain biking, backpacking, and whitewater rafting.

The Stegner Center hosts a noon-hour Green Bag Lecture Series, providing students with the opportunity to meet top scholars, policy makers, and community leaders working on the environmental challenges that define our times. Past speakers have addressed such diverse topics as air quality along the Wasatch Front, population growth and sustainability, the politics and science of climate change,

organizations, and private law firms. Students work with the Stegner Center staff to select the placement that provides the best fit and best experience, based on individual interests and objectives. In addition, students regularly work with Stegner Center faculty members on directed research projects, many of which have been published in law journals and related periodicals.

ENVIRONMENTAL DISPUTE RESOLUTION PROGRAM The Environmental Dispute Resolution (EDR) Program promotes collaboration, mediation, and other dispute resolution processes as a means to address contemporary environmental conflicts. Through academic instruction, as well as clinical credit and fellowships, the EDR Program provides students at the S.J. Quinney College of Law and elsewhere at the University of Utah with essential dispute resolution skills, including the opportunity to practice environmental dispute resolution and collaborative problem-solving techniques in realistic simulations and to co-facilitate on projects. The EDR Program builds community capacity for collaborative problem-solving through its Program on Collaboration that involves bi-annual dialogues on specific topics and a six-session Short Course on Effective Natural Resources Collaboration that engages diverse participants from a cross-section of stakeholder interests. The EDR Program undertakes select projects that pilot new collaborative approaches and offer an opportunity to demonstrate and evaluate best practices. These services include situation assessment, collaborative process design, mediation/facilitation, and conflict coaching. Recent projects have focused on collaborative and transparent community decision-making (including regional collaborative planning), sustainable grazing on public lands, and watershed partnership support.

“The Stegner Center’s presence at S.J. Quinney has significantly improved my learning experience. From being able to attend the Stegner Symposium in the Spring Semester to lunches with visiting scholars, the Stegner Center gives students interaction with the leading minds in Environmental, Energy, and Natural Resource Law. Further, this interaction goes beyond the visiting scholars and practitioners, as the faculty at the Stegner Center has been very generous with their time to me and other students, helping us with anything from understanding the law better in a particular field to explaining what the day-to-day life of an environmental attorney is likely to entail.” —Joe Amadon (Class of 2017)

AWARD-WINNING FACULTY, WIDE-RANGING RESEARCH The Stegner Center’s diverse and accomplished group of legal scholars are actively engaged in a wide range of environmental and natural resources issues, offering a host of learning opportunities for students interested in environmental law. Faculty research addresses public land policy, wildlife protection, international environmental law, energy policy, climate change, water pollution, toxic wastes, ecosystem management, land use, and other current topics. The faculty publishes extensively in books, law journals and other sources; participates in conferences and other forums; and engages in consulting, pro bono representation, service on non-profit boards and commissions; and other public service activities. In addition, our adjunct faculty brings real-world experience to the classroom.

DISTINGUISHED STEGNER CENTER FACULTY ROBERT B. KEITER Director, Wallace Stegner Center for Land, Resources and the Environment; Wallace Stegner Professor of Law; University Distinguished Professor A.B., Cum Laude, Washington University; J.D., Cum Laude, Northwestern University School of Law Professor Keiter has written extensively on public lands, national parks, biodiversity conservation, and ecosystem management. His books include To Conserve Unimpaired: The Evolution of the National Park Idea and Keeping Faith with Nature: Ecosystems, Democracy, and America’s Public Lands. He is a trustee of the National Parks Conservation Association, past president of the Rocky Mountain Mineral Law Foundation, and past chair of the Greater Yellowstone Coalition’s board of directors. ROBERT W. ADLER Dean of the S.J. Quinney College of Law; Jefferson B. & Rita E. Fordham Presidential Dean; University Distinguished Professor B.A., Johns Hopkins University; J.D., Cum Laude, Georgetown University Law Center Dean Adler has published numerous works in law, science and policy journals on environmental law, water law, agricultural law, and constitutional law issues. He is a recipient of the Hammer Award from Vice President Al Gore for his work on national clean water issues, the Pfeifferhorn Conservation Leadership Award for volunteer environmental service in Utah, and an award from the Utah Chapter of the American Water Resources Association for his educational contribution to water issues. Dean Adler has also overseen the construction of the College of Law's astonishing new LEED Platinum law school building that opened in the summer of 2015. ANTONY T. ANGHIE Samuel Thurman Professor of Law B.A., and LL.B., Monash University, Melbourne, Australia; S.J.D., Harvard Law School Professor Anghie practiced law in Australia, before joining the College of Law in 1995. He has served on the Executive Councils of the American Society of International Law and the Asian Society of International Law. He is a member of the advisory boards of several journals including the Chinese Journal of International Law and International Theory. He writes on various aspects of international law including the history of international law, theories of sovereignty, international economic law, globalization and human rights.

ROBIN CRAIG James I. Farr Professor of Law B.A., Cum Laude, Pomona College; M.A., Johns Hopkins University; Ph.D., University of California, Santa Barbara; J.D., Summa Cum Laude, Lewis & Clark School of Law Professor Craig specializes in all things water, from water law and the Clean Water Act to ocean and coastal law and the intersection of all of the above—especially in the context of climate change adaptation, resilience thinking, and the intersections of law, science, and health. Professor Craig has authored, co-authored, or edited 11 books, including The End of Sustainability, and she has published over 100 articles and book chapters. Before coming to the University of Utah in 2012, Professor Craig taught law at Lewis & Clark, Western New England College, Indiana University—Indianapolis, and Florida State University. She is active in the American Bar Association’s Section on Environment, Energy, and Resources and the Rocky Mountain Mineral Law Foundation, is a founding member of the Environmental Law Collaborative, and has served on several National Academy of Sciences, Engineering, and Medicine committees. LINCOLN DAVIES Associate Dean for Academic Affairs; Hugh B. Brown Professor of Law; Presidential Scholar B.S., University of Michigan; J.D., Stanford Law School Professor Davies is an internationally recognized expert in energy law and policy. His research focuses on various dimensions of energy law, including renewable energy policy support mechanisms, nuclear power, climate change regulation, and the intersection of energy, water, land, and environmental law. He is co-author of one of the nation’s leading energy law textbooks as well as an international treatise on U.S. energy law. He has been a visiting scholar at top universities internationally, including in Australia and Korea, and has written energy law and policy reports for both domestic and international governments and NGOs. Prior to joining the faculty at Utah, he practiced law at a large, global law firm in Washington, D.C., and clerked for Associate Chief Justice Leonard H. Russon on the Utah Supreme Court. Professor Davies serves on the Utah Supreme Court’s Advisory Committee on the Rules of Civil Procedure. He teaches administrative law, civil procedure, energy law, and other energy- and environment-related courses. LESLIE P. FRANCIS Director, Center for Law and Biomedical Sciences; Alfred C. Emery Distinguished Professor of Law; Distinguished Professor of Philosophy B.A., with High Honors; Phi Beta Kappa, Wellesley College; Ph.D., Philosophy, University of Michigan; J.D., University of Utah S.J. Quinney College of Law Professor Francis writes extensively in the areas of bioethics, health law, privacy, and disability. Her edited collection, The Oxford Handbook

of Reproductive Ethics was published in January 2017 by Oxford University Press; her Privacy: What Everyone Needs to Know (co-authored with John Francis) is forthcoming from Oxford in July 2017. She teaches health law, disability law, bioethics, and environmental ethics. She is past president of the Pacific Division of the American Philosophical Association, the first philosopher from Utah in nearly 75 years to hold that honor. She is former co-chair of the Privacy, Confidentiality, and Security Subcommittee of the National Committee on Vital and Health Statistics, the federal advisory committee on health data to the Secretary of Health and Human Services. She is a member of the ethics committee of the American Society of Reproductive Medicine. She also serves as Secretary General of the International Association for Philosophy of Law and Social Philosophy. JAMES R. HOLBROOK Clinical Professor of Law B.A., Grinnell College, Phi Beta Kappa; M.A., Indiana University, National Science Fellow; J.D., University of Utah S.J. Quinney College of Law Professor Holbrook has mediated and arbitrated more than 700 cases dealing with diverse legal disputes. In 2015, he received the inaugural Peacemaker Award from the Brigham Young University Center for Conflict Resolution and gave the inaugural Peacemaker Lecture at the BYU David M. Kennedy Center for International Studies. He is the co-author of the book Advanced Negotiation and Mediation (2013). THERESA JENSEN Senior Mediator/Associate Director, Environmental Dispute Resolution Program. B.A., University of Michigan; J.D., Wayne State University Ms. Jensen, who joined the Stegner Center’s Environmental Dispute Resolution Program in 2017, has been a dispute resolution professional in Oregon for over three decades, with expertise in building consensus among diverse parties in complex natural resource, environmental, and public policy disputes. She has helped resolve BLM timber, grazing and road access disputes, and helped state and local agencies address various environmental conflicts. In addition to mediating mature disputes, her work has also encompassed the prevention side of conflict resolution, including stakeholder engagement, relationship building, skills training, and collaboration coaching and support.