Thursday April 24, 2014

School of Law

Law Review

North Dakota Law Review
University of North Dakota
School of Law
P.O. Box 9003
Grand Forks, ND 58202-9003
ndlr@law.und.edu

Editor in Chief:
(701) 777-2272
Law Review Office:
(701) 777-2941
Administrative Assistant:
(701) 777-2282

Energy Symposium

Energy Law Symposium

North Dakota Law Review

Energy Law Symposium

April 9, 2010
University of North Dakota School of Law
5 hours of CLE approved for North Dakota.
Minnesota CLE anticipated.

press release
poster - pdf
brochure - pdf

ND Law Review - issue 85-4
NORTH DAKOTA ENERGY LAW:
THE PRODUCTION, CONSERVATION, AND REGULATION OF OUR STATE'S DIVERSE ENERGY SOURCES

 

Welcome

Kathryn Rand, Dean, UND School of Law
Dr. Robert O. Kelley, President, University of North Dakota

 

An Introduction to North Dakota Energy Law

Owen Anderson

 

Part 1

Video

Audio only (mp3)

 

Owen Anderson - powerpoint (pdf format)

 

Wind Energy in North Dakota: What is the
Proper Role of the Public and Private Sector
in Fostering Wind Energy in North Dakota?

Colleen Rice
Ron Rosenberg

Moderated by Soizik Laguette

 

Part 2

Video

Audio only (mp3)

Colleen Rice - powerpoint (pdf format)

Energy Conservation and Energy Production

David Pierce
Bill Connors
Josh Fershee

Part 3

Video

Audio only (mp3)

Bill Connors - powerpoint (pdf format)
Josh Fershee - powerpoint (pdf format)

 

Energy Derivatives: The Likely Impact of
Derivatives Regulation on North Dakota Utilities

Chris Schindler

Part 4

Video

Audio only (mp3)

Chris Schindler - powerpoint (pdf format)

 

Cap and Trade and Beyond: The Impact
of New Energy Regulation on North Dakota

Tony Clark
Jason Schaefer
Carmen Miller

Moderated by Rebecca Romsdahl

Part 5

Video

Audio only (mp3)

Tony Clark - powerpoint (pdf format)
Jason Schaefer - powerpoint (pdf format)
Carmen Miller - powerpoint (pdf format)

 

About the Symposium

The North Dakota Law Review (NDLR) is pleased to host an important and timely symposium centering on energy issues in North Dakota.  The Energy Symposium will address four main energy topics that are relevant not only to North Dakota, but are also important to the region’s as well as the nation’s energy development.  The topics will include (1) Wind Energy-Regulation and Development Issues; (2) Energy Conservation (3) Oil & Gas Issues-including an analysis of a recent North Dakota case; (4) Cap & Trade-Proponents and Opponents of Cap & Trade and its impact on North Dakota and the nation.  Anticipated speakers and writers will be from the region and the country and will include law professors, practicing attorneys, elected state officials, and energy experts in the private sector.  We are excited about the caliber of our speakers and topics will include either panelists or a discussion on each of the previously mentioned issues.

The goal of this event is to address the most relevant energy issues facing North Dakota and the region.  We will achieve this goal by bringing together energy experts from across the country and government and private sectors to discuss and initiate further conversation on not only the current state of energy law, but also how we would best implement these ideas and turn them into reality.  Issues in the symposium event and in the symposium issue will include but are not limited to the following:  the proper energy regulatory system in North Dakota; the correct balance between land owners and wind energy developers; how to minimize the environmental impact of oil and gas development; current lease issues in oil and gas; the impact of cap and trade on the state and the region; the proper role of the government and the private sector in maximizing the potential of renewable energy.

We believe that this symposium will have a lasting impact on the future of energy production in North Dakota as well as the region.  Apart from discussing pertinent energy issues, the symposium, by bringing energy experts together from throughout the country, will help coordinate and initiate a dialogue that will hopefully produce better ideas and ways to improve our nation’s energy potential.  We are excited to be hosting this event and we welcome all who are interested to attend the North Dakota Energy Symposium.

For questions regarding the symposium or questions you would like to ask the presenters, please contact Tom Duppong at tom.duppong@students.law.und.nodak.edu.

 

Participant Bios

Owen Anderson

Owen Anderson

Eugene Kuntz Chair in Oil, Gas & Natural Resources
University of Oklahoma College of Law

Professor Owen Anderson, has been at Oklahoma since 1992, has previously served as the Jack F. Maddox Professor of Law at Texas Tech University; as Distinguished Visitor and Chair of Natural Resources Law at the University of Calgary; as Professor of Law at the University of North Dakota; and as Visiting Professor of Law at the University of Texas. He has also lectured throughout the United States, as well as Canada, Norway, the United Kingdom, and China on domestic and international oil and gas law. He is a Distinguished Lecturer for the Centre for Energy, Petroleum & Mineral Law & Policy at the University of Dundee in Scotland.

Professor Anderson is the co-author of Kuntz on Oil and Gas (Anderson), International Petroleum Transactions (Rocky Mountain Mineral Law Foundation), Cases and Material on Oil and Gas Law (West), and Volume 2 of Waters and Water Rights (Michie). He has also written numerous articles on oil and gas law. He serves on the Board of Editors for the Oil and Gas Reporter (Southwestern Legal Foundation) and the Texas Title standards. He is a member of the Oklahoma, Texas, and North Dakota Bars. He serves as a Commissioner for the National Conference of Commissioners on Uniform State Laws; as trustee of both the Eastern and Rocky Mountain Mineral Law Foundations; a member of the International Oil and Gas Educational Center Advisory Board of the Center for American and International Law in Dallas, Texas; and a member of the Association of International Petroleum Negotiators.

B.A., University of North Dakota, 1971, J.D., University of North Dakota, 1974

Colleen Rice

Colleen Rice

Colleen was raised on a farm in Barnes County, North Dakota and received undergraduate degrees from North Dakota State University and Valley City State College before earning her J.D. from the University of Minnesota Law School in 1983.  She was a partner at Dosland, Nordhaugen, Lillehaug, Johnson and Saande in Moorhead, Minnesota until 1995 when she moved to Las Vegas, Nevada.  She practiced in-house at NV Energy (formerly, Nevada Power Company), an investor owned electric utility, from 1995 until 2009 and served as its interim General Counsel during 2005 and 2006.

Her practice at NV Energy included both transactional work and litigation.  She provided legal support to the Energy Supply division with respect to all facets of its operation during the period that it acquired three generating plants with a combined purchase price of $890 million and a collective nameplate rating of 2,225 MW, and constructed 1,141 MW of gas fired generation.  She also provided counsel regarding power, gas and coal supply contracts, joint generating project agreements and rail transportation agreements. 

Her primary involvement with wind energy occurred in North Dakota after a multi-national wind developer presented her parents with a proposed wind easement that was significantly under-market.  She actively supported HB 1509 during North Dakota’s 2009 legislative session with drafting assistance and committee testimony.  HB 1509 was a first attempt toward a more level playing field between landowners and wind developers with respect to wind leases and easements.  HB 1509 proved to be the only wind related bill opposed by the wind industry that passed during the 2009 legislative session.      

 

Ronald Rosenberg

Ronald Rosenberg

Associate Dean for Academic Affairs, Chancellor Professor of Law and Director, American Legal System Graduate Program and Foreign Exchanges
William & Mary Law School Williamsburg, VA

Degrees: J.D., M.R.P., University of North Carolina-Chapel Hill; B.A., Columbia

Served on the legal staff of the Environmental Protection Agency in Washington, D.C. Taught at Cleveland State School of Law and was a visiting professor at the University of North Carolina - Chapel Hill School of Law. Was a Fulbright Senior Scholar.

Author of Controversies in Constitutional Law – Evolution of the Law of Takings and articles in the Duke Law Journal, Journal of Local Government Law, Annual Survey of American Law, the Arizona Law Review, and the North Carolina Law Review. General Editor of Virginia Local Government Law. Co-author of Environmental Policy Law and Problems in Environmental Law. Frequent speaker on environmental and property issues.

Served as a member of the Executive Board, Historic Rivers Land Conservancy, Inc. and the Planning Commission, York County. Served as a member of the Chesapeake Bay Local Assistance Board and on the Editorial Board for the Washington Lawyer, District of Columbia Bar Association. Served as Chair and member of numerous American Bar Association committees including, the Local Government Law Committee; Section of Natural Resources, Energy, and Environmental Laws; Committee on Environmental Law; and the Professionalism Committee of the Section of Legal Education and Admission to the Bar.

Josh Fershee

Josh Fershee

Assistant Professor of Law
University of North Dakota School of Law

Professor Joshua Fershee received his J.D. magna cum laude from Tulane Law School, where he was elected Order of the Coif and editor in chief of the Tulane Law Review. He is also a graduate of Michigan State University, where he received a B.A. in Social Science, with a focus on economics, psychology, and sociology. Before joining the UND School of Law faculty, he served as a visiting professor of law at Penn State University’s Dickinson School of Law in State College, PA.

Professor Fershee began his legal career with Davis Polk & Wardwell, New York, NY, where he represented clients in corporate and litigation matters including mergers and acquisitions, derivatives transactions, and securities regulation. He then joined the energy practice group at Hogan & Hartson, LLP, Washington, D.C., where he represented energy clients in matters before state and federal regulators, analyzed state and federal legislation, and advised clients on mergers and acquisitions, climate change issues, and renewable portfolio standards.

Before his legal career, Professor Fershee worked for a Washington, D.C.-based trade association comprised of video and computer game companies where he coordinated the media relations program and conducted intellectual property and anti-piracy training sessions for law enforcement officials (e.g., U.S. Customs and FBI), media, and other key audiences. He then served as a public relations professional in the entertainment technology industry specializing in strategic planning, brand management, and crisis communications with two Los Angeles public relations agencies.

Professor Fershee writes and lectures on business associations, corporate law and governance, energy law and policy, climate change and environmental policy, agricultural law, labor and employment law, law and economics, Native American law, and sports and entertainment law.

David Pierce

David Pierce

Washburn University School of Law

Professor Pierce has taught at Indiana University School of Law at Indianapolis, University of Tulsa College of Law, University of Houston Law Center and University of Texas School of Law. He has served as the Visiting Chair of Natural Resources Law at the University of Calgary, Alberta, Canada. He is a member of the American Law Institute.

Professor Pierce is the Director of the Business and Transactional Law Center.

Tony Clark

Tony Clark

North Dakota Public Service Commission

Tony holds the PSC portfolio on electric generation and transmission. He is active in state and regional efforts to develop North Dakota’s vast energy exporting potential and provide affordable, reliable energy to consumers. Since joining the Commission, Tony has overseen regulatory proceedings that have facilitated hundreds of millions of dollars in new investment in North Dakota through expanded wind, coal and petroleum infrastructure.

He is the 1st Vice President of the National Association of Regulatory Utility Commissioners and is the immediate past Chairman of its Telecommunications Committee. He has testified multiple times before committees of the U.S. Senate and the U.S. House of Representatives on matters related to telecommunications and energy.

Tony holds the PSC rail and grain elevator portfolios and has been a leader in North Dakota’s efforts to seek rail rate relief for the state’s agricultural producers. These actions have led to millions in savings for North Dakota farmers. He has actively lobbied for better rail service, both in-state and before federal officials.

Prior to his election he was North Dakota’s Labor Commissioner, serving in the cabinet of former Gov. Ed Schafer. He is a former state legislator, representing District 44 (Fargo) in the state House from 1994-97.

He is a graduate of Fargo North High School. He holds bachelor’s degrees from North Dakota State University and a master’s degree in public administration from the University of North Dakota.

Jason Schaefer

Jason Schaefer

Jason Schaefer, is an environmental consultant based in Fargo, ND. Over the past year, his work has ranged from bringing renowned polar explorer Will Steger to North Dakota, helping to organize an international climate conference in Bismarck, and putting together a sportsmen’s roundtable on climate change.

In addition, he serves on Grand Forks Mayor Michael Brown’s Green3 Resource Committee which is tasked with lowering the city’s greenhouse gas footprint while saving taxpayers money by increasing energy efficiency. He is also a member of the North Dakota Alliance for Renewable Energy (NDARE) and was responsible for drafting NDARE’s Next Generation Energy Policy: A Multi-Stakeholder Approach 2008 – 2030.

Jason co-created the To Cross the Moon (2XtM) snowkiting expeditions and served as education coordinator raising awareness about wind energy and climate change as the team traversed North Dakota. Over the course of the two expeditions, Jason spoke to over 10,000 people and reached thousands more through the expedition website 2XtM.com as well as media appearances including MSNBC and the June 2008 issue of Outside Magazine.

He has a B.A. in Environmental Studies from the University of North Dakota.

Christopher Schindler

Christopher A. Schindler

Hogan & Hartson

Christopher Schindler represents diverse clients in the energy industry, including energy traders and marketers, natural gas producers, storage companies, interstate pipelines, local distribution companies, electric utilities, and other end users of natural gas and power that are impacted by federal and state regulation of energy.

Christopher participates in a wide variety of matters before the U.S. Federal Energy Regulatory Commission (FERC), including rate, tariff, certificate, and complaint proceedings; corporate reorganizations; rulemakings; and other complex litigation matters. He regularly advises clients on the development of litigation and regulatory strategies and the impact of federal and state restructuring initiatives on corporate objectives and commercial transactions. He also frequently provides advice on regulatory compliance issues (including FERC's affiliate standards of conduct) and represents clients in connection with various FERC and Commodity Futures Trading Commission (CFTC) enforcement proceedings.

In addition, Christopher represents natural gas companies in extensive litigation before federal and state agencies and courts in matters relating to the certification of natural gas pipeline and storage facilities, oil, gas, mineral, and subsurface storage rights, federal jurisdiction and preemption, and eminent domain. His practice frequently involves environmental issues, and he participates in proceedings before the U.S. Environmental Protection Agency as well as state environmental agencies. His experience includes settlement negotiations, the use of alternative dispute resolution before FERC, contract negotiation, and the appellate review of agency orders to the U.S. Circuit Courts of Appeals.

Carmen Miller

Carmen Miller

Pew Environment Group

Carmen Miller is a North Dakota Representative for the Pew Environment Group, the conservation branch of the Pew Charitable Trusts. Carmen served as an Assistant Attorney General for the State of North Dakota from 1993 to 2002. During that time she represented over 15 different state agencies, including the Department of Human Services, the Department of Agriculture, the Lignite Research Council and the State Health Department. Her environmental practice with the State included regulatory enforcement, litigation, legislative action, and monitoring policy developments relating to agriculture, water law, air pollution, electricity deregulation, and green marketing of electricity. Some of her more significant work included representing the State Health Department in an action relating to a diesel spill beneath Mandan, North Dakota; representing the Lignite Research Council in drafting, negotiating and monitoring contracts for projects including the Lignite Vision 21 Program; and representing the State of North Dakota in a Minnesota Public Utilities Commission action assessing environmental costs to electricity generation. She also argued several cases before the North Dakota Supreme Court. In 2002, Carmen entered private practice with the Vogel Law Firm, North Dakota’s largest law firm, where she represented private clients in civil litigation and also lobbied the North Dakota Legislature for increased ethanol development.

In 2006, Carmen began consulting for the National Environmental Trust on federal environmental policy issues including automotive fuel efficiency standards and climate change legislation. In January of 2008, the National Environmental Trust became the Pew Environment Group. Pew advances the frontiers of scientific understanding of the causes, consequences and solutions to environmental problems; designs innovative policy solutions to these problems; and mobilizes public support for implementing these solutions.

Carmen received her undergraduate degree from St. Olaf College in Northfield, Minnesota and her law degree from Tulane Law School in New Orleans, Louisiana. During college, Carmen studied in Shanghai, China and at Oxford University. Prior to attending law school, she worked in U.S. Senator Kent Conrad’s Washington, DC office as a Legislative Assistant. She is licensed to practice law in North Dakota and Minnesota. Carmen lives in Bismarck, North Dakota with her family.

William Connors

Bill Connors

Vice President of Renewable Resources
MDU Resources Group

Connors joined MDU Resources in 2004 and has more than 20 years of experience in the energy industry. As vice president of origination, contracts and regulatory for Centennial Energy Resources LLC, an MDU Resources subsidiary, Connors helped lead the sale of the company’s domestic independent power business unit in 2007. He became vice president of business development at Cascade Natural Gas Corp., another MDU Resources company, in 2007.

Connors was named vice president of renewable resources for MDU Resources in 2008. He is focused on identifying potential investment opportunities that are complementary to MDU Resources’ existing business units, and on strategic responses to legislation and regulations related to carbon emissions and renewable energy.


Soizik Laguette

 

Soizik Laguette

Associate Professor and Chair
Earth System Science and Policy Department, UND

Dr. Soizik Laguette earned her Ph.D. in Environmental Science at ENGREF (French Institute of Forestry, Agricultural and Environmental Engineering), Paris, France.  Dr. Laguette has been at UND since 1999, and was a founding member of the Earth System Science and Policy Department. Dr. Laguette's research interests involve the use of switchgrass as a bioenergy crop in the Northern Great Plains and the adoption of switchgrass into the traditional cropping system; the rapid integration of remote sensing data into in-field management decisions and the use of satellite data in crop modeling as well as on helping end-users integrate remote sensing data and technology as a tool in land management practices.

 

Rebecca J. Romsdahl

 

Rebecca J. Romsdahl

Assistant Professor
Earth System Science and Policy Department, UND

Rebecca J. Romsdahl is an Assistant Professor at UND. She joined the Earth System Science & Policy Department in 2006. Prior to joining UND, she worked in a variety of environmental science policy positions. Romsdahl completed an AAAS Science & Technology Policy fellowship working with the US EPA’s Global Change Research Program and the US Climate Change Science Program in Washington, DC. She has worked with the US National Academies of Science, as a research fellow for the Committee on the Human Dimensions of Global Change. She also worked seasonally with the US Forest Service headquarters in Washington DC, as a researcher, and with the US National Park Service, as an Interpretive Ranger, at Isle Royale and Shenandoah National Parks. Her research and teaching examine the interface of environmental science and public policy; recent subjects include climate change communication and adaptation planning at state/local government levels.

Romsdahl is a native of Minnesota, where she graduated from Gustavus Adolphus College with a BA in Environmental Studies. She completed her MS in Resource Development at Michigan State University and received her PhD in Environmental Science & Public Policy from George Mason University.

 

  

Rocky Mountain Mineral Law Fondation


With assistance from the

Rocky Mountain Mineral Law Foundation

Grants Program