A Colorado Law Student Event
Presented by: The Byron White Center, The Getches-Wilkinson Center, and the American Constitution Society
Panelists: Professor Daria Roithmayr, BWC Director Deep Gulasekaram, and GWC Director Chris Winter
Tuesday, March 18th 12-12:50pm in Room 207
Join us for a panel discussion regarding the slurry of executive orders that Trump has passed over the past month that he has been in office, impacting several (if not all) areas of law. This panel's purpose is to discuss each of the executive orders, how they compare to those in previous administrations, and the extend of the orders' legal impact. Lunch will be provided, so please arrive early to grab your food and a seat!
In 2024, the Getches-Wilkinson Center and the Boulder Faculty Assembly Climate Science and Education Committee (CSEC) co-chaired a shared governance committee regarding campus energy and climate policy. The Committee was nominated by the University鈥檚 Chief Operating Officer to review and, if appropriate, recommend alternatives to the University鈥檚 plans to upgrade the Western District Energy Plant (WDEP). The Committee's nomination was followed by an expressing concerns with the climate impacts of the WDEP upgrade and signed by over 460 CU community members.
On March 21, 2024, the WDEP Shared Governance Committee submitted its Preliminary Recommendation Report to the Chief Operating Officer. In its Preliminary Report, the Committee recommended that the University not go forward with its original upgrade plan for WDEP, citing the increase in greenhouse gas emissions that would result from that plan, and the availability of alternative options to meet campus resilience needs in a cost-feasible way. In July 2024, the University rejected the Committee's recommendation and approved the original WDEP upgrade plan. In October 2024, the Committee released its Final Report, addressing the University's claims and documenting concerns with the University's decision-making process around WDEP. The key findings from that Final Report are reproduced below.
The Committee's reports can be accessed here:
Download the Final Report
Download the Preliminary Recommendation Report
Download Additional Questions from the Committee
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Summary Findings from the WDEP Committee Finding Report
A co-published blog by and the Getches-Wilkinson Center at Colorado Law.
The has been the preeminent tool to protect free-flowing rivers in the United States since it was passed more than 50 years ago. Under the Act, rivers with 鈥渙utstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values,鈥� as well as their immediate environments, are protected from dams and other potential harms. In spite of its success, the Act largely omits Tribes, failing to give Native Nations the authority to designate, manage, and co-manage Wild and Scenic rivers within their own boundaries and on ancestral lands. Correction of this omission is long overdue, both in terms of equity and the long-term benefit to rivers.
A current example of this omission was brought to our attention through conversations with Indigenous community members along the (LCR) in Arizona. The LCR was threatened in recent years by a series of pumped-storage hydropower projects proposed on Navajo Nation lands by non-Indigenous developers, and against the will of the Navajo Nation, Hopi Tribe, Pueblo of Zuni, and others who find the LCR culturally important. Historically, under the Federal Power Act, proposed hydropower projects have been given a preliminary permit on tribal trust lands by the Federal Energy Regulatory Commission (FERC) against the will of the Tribe whose land the projects would be located on. Indigenous community advocates understandably wanted to know, 鈥淲hat can we do to permanently protect the Little Colorado River from these unwanted hydropower projects?鈥�
Confluence of the Colorado and Little Colorado Rivers within Grand Canyon Photo Credit: Rachel Ellis
Designating a river under the Wild and Scenic Rivers Act is a powerful defense against unwanted dams and diversions鈥搃t is the only designation that prevents new dams and diversions on designated rivers. The problem is that since Tribes were largely omitted from the 1968 Act, they were not given the power to designate or manage Wild and Scenic rivers, even on their own lands. That management power currently defaults to the National Park Service, even when a designated river is on tribal lands. To say that this is a disincentive for Tribes to utilize the Wild and Scenic Rivers Act to protect their rivers is an understatement.
And that鈥檚 not all. As the Table below shows, Tribes don鈥檛 even have some of the powers that have been given to states and private parties under the Act, such as the ability to petition the Secretary of Interior to give Wild and Scenic protections to state-protected rivers, or the ability to receive funding and technical assistance, which both private parties and states can. Co-management/co-stewardship agreements and cooperative agreements are also not explicitly authorized for Tribes in the Act, which is a potential disincentive for federal agencies to explore such agreements with willing, interested, and knowledgeable Tribes.
Entities and their Authorizations in the Wild and Scenic Rivers Act of 1968
| Tribes | States | Private Parties |
May Petition Interior for Designation? | No | Yes 16 U.S.C. 搂 1273(a)(ii) | No |
Study Participation Required? | No | Yes 16 U.S.C. 搂 1276(c) | No |
Cooperative Agreements Explicitly Authorized? | No* | Yes 16 U.S.C. 搂 1281(e) | Yes 16 U.S.C. 搂 1282(b)(1) |
May Receive Funding and Technical Assistance? | No | Yes 16 U.S.C. 搂 1282 | Yes 16 U.S.C. 搂 1282(b)(1) |
Protection from Land Acquisition? | Yes** 16 U.S.C. 搂 1277(a)(1) | Yes 16 U.S.C. 搂 1277(a)(1),(b),(c) | Yes 16 U.S.C. 搂 1277(b),(c),(g) |
*Note that section 10(e) of the WSRA [16 U.S.C. 搂 1281(e)] has been used to authorize cooperative agreements with tribes, although tribes are not explicitly mentioned in the statute. This has led to an underutilization of cooperative agreements with tribes.
**Under the legacy language of the WSRA, tribes are only protected from land acquisition if they are managing rivers in ways that do not conflict with the Act. Our amendments suggest striking this outdated and inappropriate legacy language.
As sovereign nations, Tribes should at least have the power that states and NGOs have regarding river designations. Tribes should be able to manage Wild and Scenic Rivers on their lands, ask the Secretary of Interior to include rivers protected by Tribes under the Wild and Scenic Rivers Act, be formally authorized to engage in co-stewardship agreements with federal agencies, and have the ability to receive funding and technical assistance when managing rivers on their lands.
Correcting the omission of Tribes in the Wild and Scenic Rivers Act remains long overdue. We heard from both legal scholars and tribal communities that creating a well-researched, draft proposal鈥攚hich you can 鈥攚ould be the best way to begin an informed conversation. This is in no way intended to be a finished product, but meant to engage Tribes, advocates, and legal thinkers in what might be possible, and in turn help us make that a reality.
Lamar River Valley, Montana Photo Credit: Mike Fiebig
We also realize that proposing to amend a bedrock natural resources law is no small undertaking, and not without some risks. The structure of the Wild and Scenic Rivers Act makes amending the Act easier and less risky than amending other similar laws. Currently, each new river designation is added to the National Wild and Scenic Rivers System through an amendment to the original Act, which means that a new Wild and Scenic designation by a Tribe that includes these proposed amendments would be all that would be necessary to implement them. Furthermore, the Concept Paper proposes extending existing authorities to Tribes through the addition of new sections in the Wild and Scenic Rivers Act, not changes to existing protections that have been settled law for over 50 years.
In this way, and with your help, we not only propose to retain the protections that the Wild and Scenic Rivers Act has afforded outstanding free-flowing rivers across the county for the last half century, but to expand the ability for Tribes to utilize those same protections to safeguard free-flowing rivers of cultural and ecological importance into the future. Now is the time to address the omission of Tribes in the Wild and Scenic Rivers Act and other bedrock natural resources laws. Doing so would be a measure of restorative justice, while also benefiting Tribes and all life which depends on rivers.
Please download and read the Concept Paper and Draft Model Legislation, and let us know what you think. We look forward to hearing from you.
Click to download a PDF of the Concept Paper and Draft Model Legislation. Please send feedback, questions, and comments to info@tribalwildandscenic.org or through our website .
The Wild and Scenic Rivers Act Amendments Project was founded in 2021 by , the , and the Getches-Wilkinson Center in response to Indigenous advocates seeking a tool to protect culturally and ecologically important rivers on Tribal lands from FERC-licensed hydropower projects. More input from Tribes, river advocates, and legal scholars is being sought for the next phase of this project.
Co-hosted by the Colorado Bar Association, Getches-Wilkinson Center and Colorado Law Environmental Law Society.
In-Person Only: University of Colorado, Wolf Law Building (2450 Kittredge Loop Dr)
Deep decarbonization across the globe is necessary to avoid the worst impacts of climate change. States can play an important role in developing and executing effective, tailored decarbonization plans such as Colorado鈥檚 Greenhouse Gas Reduction Roadmap. A panel of practitioners and experts will discuss how Colorado is combatting climate change, what is on the horizon for decarbonizing key sources of greenhouse gas pollution, and legal pathways for pursuing these objectives.
Claybourne F. Clarke Clay currently serves as the Climate Change Program Director within the Air Division of the Colorado Dept of Public Health and Environment (CDPHE). Before joining CDPHE he spent over twenty years practicing environmental law, including serving as a Sr. Assistant Attorney General for the State of Colorado representing CDPHE鈥檚 Air Division. His work as counsel for the Air Division included representing the state in Colorado鈥檚 adoption of first-in-the-nation 鈥渕ethane rules鈥� rules for oil and gas, and in the adoption of Colorado鈥檚 Low and Zero Emission Vehicle standards. Prior to his work in Colorado, Clay worked as an attorney in Washington D.C. and internationally on climate issues. He served as an invited speaker at the 2006 United Nations Climate Change Conference. He is an author of a chapter in the book, 鈥淟egal Aspects of Carbon Trading鈥� published by Oxford University Press. Chris Winter Chris Winter is currently the Executive Director of the Getches-Wilkinson Center. He is an attorney and advocate with 25 years of experience in the field of natural resources and environmental law. Over the course of his career, he has developed an expertise in public land management, environmental justice, climate change, and fossil fuel infrastructure projects, and he has extensive experience working with and representing Indigenous communities. In 2001, he co-founded a non-profit law center based in Portland, Oregon that represented public interest clients in federal and state courts across the Pacific Northwest. Over the next 17 years, he developed a reputation for winning difficult cases on behalf of grassroots organizations facing daunting odds and formidable opposition He also served as Executive Director of Access Fund, a national advocacy organization working at the intersection of outdoor recreation and public land management, spearheading its work to restore Bears Ears National Monument, promote human powered outdoor recreation, and conserve public lands. He has previously taught as an adjunct professor of law at Lewis and Clark Law School, and he is a frequent public speaker on environmental and natural resources issues. Will Toor Will Toor is the Executive Director of the Colorado Energy Office (CEO). CEO is a state agency with the mission of reducing greenhouse gas (鈥淕HG鈥�) pollution and consumer energy costs by advancing clean energy, energy efficiency, and zero-emission vehicles to benefit all Coloradans. Inherent in this mission is the necessity to drive changes in energy production and use, the built environment, land use and transportation systems in a way that not only reduces negative impacts from these systems but also counteracts racist and discriminatory policy by providing benefits to disproportionately-impacted communities, people of color and underserved populations. CEO carries out its mandates, in part, by intervening in Public Utilities Commission of Colorado proceedings where it can bring a unique perspective representing the interests of the Governor鈥檚 Office and the state of Colorado. This includes advocating for policies that support statewide GHG emissions reductions, Governor Polis鈥檚 priorities of setting Colorado on a path to 100 percent renewable energy for the grid by 2040, and positioning Colorado as a leader in the clean energy economy. Applied for 2 General CLE Credits Environmental Section Members: Free |
Wyss Scholars Adam Fisher and Mariah Bowman with Sally Jewell
Last week the Getches-Wilkinson Center was honored to host former Secretary of the Interior Sally Jewell for a lunchtime conversation with students at Wolf Law. The event was supported by the and provided an intimate opportunity for students to learn from the Secretary. Moderated by Colorado Law 2023 Wyss Scholar Adam Fisher, a full room of students asked Secretary Jewell questions on topics ranging from her career history to how the conservation movement can take meaningful steps to address the needs of Indigenous Americans. Throughout the conversation, the Secretary enforced both the importance of strong advocacy from all sides of an issue, and the need for students and decisionmakers to listen to, and learn from, these differing points of view. Secretary Jewell advised students to explore, get to know themselves, and find career paths that capitalized on their inherent strengths and interests鈥攚ith the knowledge that they could affect change from both inside and outside of business, nonprofit, and government institutions. When asked about her views on the future of the conservation movement, Secretary Jewell expressed faith that by working from each of these positions, the next generation would both continue the conservation legacy and carry the torch forward, pushing the movement to make needed changes and address the needs of the future.
Photo by Robin Loznak; Courtesy of Our Children鈥檚 Trust
The Getches-Wilkinson Center and the Getches-Green Clinic recently partnered with Conrad Anker, famed mountaineer, and eight other professional outdoor athletes to submit an amicus curiae brief in the Montana youth climate change case. The brief was submitted to the Montana Supreme Court, which is now considering the youth鈥檚 claim that the State of Montana has been violating their state constitutional right to a clean and healthful environment.
On March 13, 2020, 16 youth from across Montana filed a constitutional climate change lawsuit against the state of Montana 鈥� Held v. State of Montana. They assert that the state is violating their state constitutional rights by actively promoting fossil fuel extraction and failing to consider the impacts to the environment of Montana.
On August 14, 2023, after an historic trial, Judge Kathy Seeley ruled in favor of the youth plaintiffs, declaring that the State of Montana violated their constitutional rights to a clean and healthful environment. The State then appealed that decision to the Montana Supreme Court.
GWC and the Getches-Green Clinic partnered with Conrad Anker and other outdoor athletes and provided the court with real world stories on the importance of Montana鈥檚 constitutional rights and natural resources to the quality of life and recreation-based economy in the state. They also provided information on the latest research demonstrating that benefits to mental, physical, and spritiual health of spending time outside, especially for children and young people.
GWC is also grateful for the help of Domenic Cossi and Western Justice Associates, PLLC, who assisted with the amicus curiae brief.
Over 40 CU Law students joined The Getches-Wilkinson Center on Thursday, October 26th for a delicious lunch and to hear from current GWC Scholar and Fellows. Information on the various scholarships and fellowships and instructions on how to apply for a Summer 2024 or Academic Year 24/25 Scholarship or Fellowship in Natural Resources, Public Lands and Water Law was shared.
Opportunities highlighted:
The Wyss Scholars Program for U.S. Lands Conservation
The Harrison Fellowship in International Water Law
The Charles N. Woodruff Memorial Scholarship
New in 2023: Conscience Bay Company Western Water Policy Fellowship
RECORDING OF THE EVENT CAN BE FOUND HERE:
[video:https://youtu.be/pemOzqt6Odo]
Current CU Law students Adam Fischer, Ella Merrill and Sierra Meggitt shared their experiences obtaining funding to promote their future career interests.
Adam Fisher is this year鈥檚 Wyss Scholar. Fisher, a JD candidate, is Colorado Law's sixth Wyss Scholar. The Wyss Scholarship, given to one Colorado Law student each year, supports graduate-level education for promising leaders in Western land conservation. Recipients receive generous financial assistance to cover the full cost of one year of law school, as well as funds for internship opportunities, research assistance, and postgraduate support.
Ella Merrill, as a Harrison Fellow, partnered with the United Nations Sustainable Development Solutions Network and the Legal Resources Centre in Cape Town, South Africa, to assist with and write about a series of cases that address the right to clean and accessible drinking water, guaranteed by the South African Constitution. One series of cases addresses decades of mismanagement of the country鈥檚 water and sanitation services system, and the numerous human rights fallouts that have resulted. Another series of cases focuses on the way water conservation efforts have led to the displacement of indigenous subsistence fishermen, including several fatal shootings by game rangers.
Sierra Meggitt, as the Charles N. Woodruff Fellow, worked with Western Resource Advocates and the Getches-Wilkinson Center鈥檚 Water Fellows on issues surrounding oil shale water rights in Colorado. Additionally, with assistance from the Sandgrund Environmental Law Fellowship, Sierra is worked with American Rivers, conducting research at the intersection of the Antiquities Act, river protection, and tribal co-management.
On Tuesday, October 24th the Environmental Law Society (ELS), Getches-Wilkinson Center, and Career Development Office (CDO) co-hosted an Environmental Law Networking Happy Hour for current students and lawyers working in the environmental law space! It was such a great evening of networking and connection. We had over 70 individuals attend, including 25 law professionals from an array of work including private practice, large firms, non-profit and government sectors. Thank you to all who joined us and shared their career background and advice with our Law students!
University of Colorado Law School student Adam Fisher (鈥�24) has been named the 2023-2024 Colorado Law Wyss Scholar in U.S. Lands Conservation. Fisher, a J.D. candidate, is Colorado Law鈥檚 sixth Wyss Scholar. , awarded to one Colorado Law student each year, supports graduate-level education for promising leaders in United States land conservation. Recipients receive generous financial assistance to cover the full cost of one year of law school, as well as funds for internship opportunities, research assistance, and postgraduate support. Wyss Scholars learn the latest in conservation law and policy and apply that knowledge in careers at land management agencies and nonprofit conservation groups.
Adam grew up adventuring in the woods and waters of Michigan, exploring from small patches of urban forest to the coastline of the Great Lakes. A caving trip to Kentucky in 2006, while studying environmental policy at the University of Michigan, reawakened his sense of adventure and ignited a passion to work with public lands.
Upon graduation, Adam spent the next thirteen-year chapter of his life immersed in the American West. During this time, Adam served as an instructor and course director for the Colorado Outward Bound School, program director for a national nonprofit focused on accessible outdoor sports, a professional mountain guide and avalanche instructor, and as a consultant for outdoor recreation businesses. At the same time, Adam stayed engaged with public land issues 鈥� participating in events like Secretary of the Interior Sally Jewel鈥檚 2016 community meeting in Bluff, UT, during the initial development of Bears Ears National Monument. These experiences grew Adam鈥檚 commitment to public lands and kindled an interest in the law, leading him to join the natural resources program at CU Law. Adam lives in Louisville, CO, with his wife, Austa, and their dog, Eldo.
Adam is committed to spending his career negotiating new public land designations, advising decision-makers, working with tribes, and advocating for public land conservation. While at CU Law, Adam has clerked for The Access Fund and The Wilderness Society, as well as interned with the Honorable Nina Y. Wang of the U.S. District Court for the District of Colorado. During this time, Adam has appreciated the opportunity to work on public land issues ranging from appealing a BLM Resource Management Plan to the Interior Board of Land Appeals, to defending a broad interpretation of the president鈥檚 power to designate national monuments under the Antiquities Act. He has also written on how updates to the legal framework governing recreation fees can help prepare the public land system for the modern reality of increased visitation. In summer 2023 Adam will be clerking with the Department of Justice鈥檚 Environment & Natural Resources Division in Denver before returning to CU Law for his 3L year.
Upon graduation from CU Law, Adam hopes to engage with critical, emerging issues in the public lands space. For example, Adam believes that meaningful tribal co-management of federal public lands has significant potential to create both positive environmental and social outcomes and is excited to further explore the practical implications of such policies. Similarly, in the effort to reduce the amount of greenhouse gas emissions derived from public lands, he is excited to work toward strategies that help communities previously dependent on fossil fuel extraction transition to a 鈥渘ew normal鈥� in a manner that is both equitable and respectful of their cultural heritage. In sum, Adam hopes to use the power of law and policy to connect Americans from all walks of life to their public lands in a manner that balances robust access with conservation.
Colorado Law Dean James Anaya leads a moderated conversation with Secretary Haaland and Congressman Neguse exploring both agency and legislative priorities regarding public lands and water management, resource extraction, energy development, and related tribal issues 鈥� with an environmental/climate justice lens.