Special Institute on

Public Land Law, Regulation, and Management

  • Santa Fe, New Mexico
  • May 7-8, 2020
Download full program

Thursday Morning

Registration

  1. ALEX RITCHIE

    Executive Director Rocky Mountain Mineral Law Foundation, Westminster, CO
  2. Rebecca W. Watson

    President, Rocky Mountain Mineral Law Foundation Welborn Sullivan Meck & Tooley, P.C., Denver, CO
  3. ROBERT MATHES

    Occidental Petroleum Corporation, Denver, CO

Introduction and Opening Remarks

  1. Reed D. Benson

    Professor of Law University of New Mexico School of Law, Albuquerque, NM

Public Land Law — An Introduction

  • Introduction to different types of federal lands, including Forest Service, Bureau of Land Management, National Wildlife Refuge, and National  Park Service
  • Review the history of public lands
  • Public land law in the United States

  1. TEMPLE STOELLINGER

    Assistant Professor and Co-Director Center for Law and Energy Resources in the Rockies; University of Wyoming Haub School of ENR and College of Law, Laramie, WY

National Environmental Policy Act of 1969 and its Role in Public Lands Management

  • Overview of the National Environmental Policy Act of 1969
  • What is NEPA’s impact on public lands?
  • How does litigation involving NEPA further impact public lands management?

Hosted Refreshment Break

  1. BRET C. BIRDSONG

    University of Nevada William S. Boyd School of Law, Las Vegas, NV

The Federal Land Policy and Management Act of 1976 (FLPMA)

  • Overview of the Federal Land Policy and Management Act of 1976 (FLPMA), including BLM’s land use planning process
  • Nature and role of NEPA compliance in the planning process
  • Impacts to future uses of the public lands from grazing, mineral development, renewable energy, and recreation
  • Recent landscape level planning efforts

Lunch - On Your Own

Thursday Afternoon

  1. MURRAY FELDMAN

    Partner Holland & Hart LLP, Boise, ID
  2. ALISON C. HUNTER

    Associate Holland & Hart LLP, Boise, ID

Forest Service Planning

  • Overview of the Forest Service land use planning regulations over the last two decades
  • Overview of the planning process and compliance with NEPA
  • Analysis from the planning process and how it is used for future projects
  • Recent planning revisions and court cases interpreting the agency’s planning obligation

  1. Stan N. Harris

    Shareholder Modrall Sperling, Albuquerque, NM

The Protection of Historical and Cultural Resources

  • Overview of laws that protect paleontological, cultural, and historical resources, including the National Historical Preservation Act, the Archeological Resources Protection Act, and the Paleontological Resources Act
  • Overview of procedural protections provided by these acts
  • Review of specific protections and civil and criminal penalties that may be imposed for violations of these acts

Hosted Refreshment Break

  1. MARK S. BARRON

    Partner Baker & Hostetler LLP, Denver, CO
  2. LAIRD J. LUCAS

    Executive Director Advocates for the West, Boise, ID

Oil and Gas Leasing — The Reformed, Reformed Policy

  • Overview of BLM’s oil and gas leasing policy and BLM’s attempt to “improve” that policy
  • Review of revisions and litigation associated with policy revisions announced in 2017 and 2018

  1. Kathleen C. Schroder

    Partner Davis Graham & Stubbs LLP, Denver, CO
  2. COURTNEY SHEPHARD

    Associate Davis Graham & Stubbs LLP, Denver, CO

Compensatory Mitigation — Do We Have a Coherent Policy Yet?

  • Overview of comprehensive compensatory mitigation policies enacted by the Department of the Interior and comparison with efforts by the Department of Agriculture
  • Review of whether a coherent compensatory mitigation policy remains with the change of administration and subsequent policy reversals
  • The impact compensatory mitigation has on the development of public lands
  • What is the future of compensatory mitigation? 

Hosted Reception for Speakers Registrants, & Guests

Download full program

Friday Morning

  1. PETER C. FORBES

    Member Carver Schwarz McNab Kamper & Forbes LLC, Denver, CO
  2. THOMAS L. SANSONETTI

    Partner Holland & Hart LLP, Cheyenne, WY

Conflicts in Federal Multiple Mineral Development

  • Conflicts between development of federal oil and gas, coal, trona, or potash leases
  • How BLM has addressed these conflicts and encourages lessees to negotiate operational strategies to allow development of the federal lease
  • Overview of the legal issues associated with establishing the relative rights of lessees in resolving conflicts

  1. Randall E. Hubbard

    Partner Davis Graham & Stubbs LLP, Denver, CO

Common versus Uncommon Mineral Determinations and Implications for Developing Locatable or Saleable Mineral Deposits

  • Review of two case studies involving pumice stone for washing garments and sand that can be used as a proppant in oil and gas hydraulic fracturing operations
  • Review of factors federal agencies consider when considering whether a sand or stone deposit is common or uncommon
  • Examination of how those determinations factor into validity examinations for mining claims

Hosted Refreshment Break

  1. DEANA BENNETT

    Shareholder Modrall Sperling, Albuquerque, NM

NEPA and Climate Change Analysis: When is Enough Enough?

  • Review of recent litigation and policies addressing NEPA analysis for climate change

Lunch - On Your Own

Friday Afternoon

  1. Bailey K. Brennan

    Counsel Wyoming County Commissioners Association, Cheyenne, WY

The Role of Cooperating Agencies and Cooperative Federalism in Public Lands Decisions

  • Role and purpose of cooperating agencies in federal planning and project-level decisions
  • The current administration’s focus on cooperative federalism and how that emphasis impacts public land decisions

  1. BRUCE R. HUBER

    Professor of Law Notre Dame Law School, Notre Dame, IN

The Role of the Public Interest in Public Lands Decision-Making

  • Examination of the role, weight, and parameters of the public interest in decision making on public lands
  • Review of statutes that include expressions of the public interest

Hosted Refreshment Break

  1. TAWNY BRIDGEFORD

    Deputy General Counsel National Mining Association, Washington, DC
  2. Mark Benjamin Machlis

    Partner Dorsey & Whitney LLP, Salt Lake City, UT

Good Samaritan Laws and Public Land Cleanups

  • Background on abandoned mines on public lands and the legal liabilities that discourage Good Samaritan cleanup efforts
  • Review of the history of administrative and legislative efforts to address these liability concerns and why they haven’t had the desired impact
  • Discussion of the current legislative and administrative efforts to address Good Samaritan liability concerns

  1. KENNON L. WOOTEN

    Partner Scott Douglass McConnico, Austin, TX

Ethics: An Overview of Ethical Obligations in Common Situations

Exploration of the ethical obligations of government and private-sector attorneys in common situations that may arise in public lands practice

Situations to be covered include:

  • Duties owed to former and existing clients
  • Identifying and navigating conflicts of interests
  • Ethical responsibilities relating to ex parte communications

Applicable ABA Model Rules of Professional Conduct that arise from the practice of administrative law will be addressed

Course Adjournment