Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map

This collection of short essays arose from the inaugural meeting of the Idaho Symposium on Energy in the West, which was held in November, 2014. The topic for this first Symposium was Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map. The essays in this collection provide a notable introduction to the major energy issues facing the West today. Topics include: building a resilient legal architecture for western energy production; natural gas flaring; transmission planning for wind energy; utilities and rooftop solar; special considerations for western states and the Clean Power Plan; the Clean Power Plan's implications for the western grid; siting renewable energy on public lands; and implications of utility reform in New York and Hawaii for the Northwest.

Improving the Success of Wetland Mitigation Banking: Lessons Learned in Monitoring and Compliance

Wetlands that are lost to development are not effectively compensated by the current wetland mitigation banking regulatory program due to inadequate monitoring and compliance. Based on a critical investigation of two wetland mitigation banks in Colorado described herein, recommendations are given to improve the effectiveness of the wetland mitigation banking program. The recommendations to improve mitigation banking are to specify and follow comprehensive monitoring and reporting plans, develop solid contingency and adaptive management plans, utilize specially developed checklists and templates, and impose enforcement when compliance is not met. Implementing these recommendations will assist regulators and bankers in achieving more effective wetland mitigation and will help the United States reach its no net loss of wetlands goal.

Prevalence of chronic wasting disease in post burn areas

Chronic wasting disease is a fatal neurological disease found in deer and elk in 14 western and mid-western states and two Canadian provinces. It is believed to have been first observed in Colorado and Wyoming in 1967. It is a disease caused by prions by an unknown transmission vector and impossible to cure at this time. Most of the management options currently available are labor-intensive and costly. The potential use of controlled burns to reduce or eliminate the prions that cause the disease was shown to have no effect on the prevalence of the disease in either study area. The temperatures needed to destroy prions were not reached by either surface or crown fires.

School Principals' Attitudes Towards Performance Based Compensation

The main objective of this study is to determine the attitudes of school principals regarding a performance based compensation system. This study identifies the attitudes towards specific factors that should be considered in the implementation of a system of performance based compensation. The data have been analyzed to determine if a principal's demographic characteristics affect his/her level of agreement with performance based compensation and the factors for implementation. In addition, this study unveils areas of concern that principals have conveyed regarding the implementation of a performance based compensation system. Data was obtained from 444 public school principals representing 444 schools and 178 districts in the state of Colorado. Measures used in the treatment of the data include descriptive statistics and one-way ANOVA. The major findings of this study were: 1. 82.4% of respondents believe that teachers, principals and administrators should be included in performance based compensation (PBC). 2. The top two indicators that respondents believed should be included in a PBC system are student achievement (88.5%) and teacher evaluations (77.6%) 3. The 3 largest obstacles to PBC that respondents identified are: a. The capacity to link student achievement to teacher evaluations (82.9%) b. Teacher Union Resistance (67.1%) c. Cost (55.9%) 4. Principals in urban, rural and suburban geographic groups disagree about the effects of performance based compensation. 5. The top 5 overall concerns regarding Performance Based Compensation were: a. Concerns regarding effectively using assessment to measure performance of all teachers/equity between teachers b. Concerns regarding evaluation (time for principals to learn, consistency from school to school, time for principals to evaluate, quality of evaluation tool). c. Not in favor of PBC due to philosophical views or concerns about lack of research. d. Concerns regarding the equity between classrooms and districts across the state due to poverty levels and unequal resources. e. Concerns that performance based compensation will result in a decline in teacher collaboration and an increase in competition between teachers. Based upon these findings, the researcher concluded that there is not a strong general acceptance of performance based compensation systems. However, urban principals in Colorado tend to view PBC somewhat more favorably than do principals in suburban or rural areas. Most importantly, systems to link student achievement to teacher evaluation must be collaboratively created to ensure PBC systems are equitable, consistent and fair.

Fracking/Takings

As the use of fracking has spread during the recent oil and gas boom, inevitable conflicts have arisen between industry and its neighbors, particularly as fracking has moved into densely populated urban and suburban areas. Concerned over the impacts of fracking – such as risks to health and safely, diminished property values, air and water pollution, as well as noise, traffic, and other annoyances – many people have demanded a government response. Government regulation of fracking has struggled to catch up, although in recent years many state and local governments have taken steps to reduce the impacts of fracking in their communities. This article focuses on government restrictions in New York and Colorado, two of the key battlegrounds in the fight over fracking. New York recently prohibited fracking across the entire state, after several towns had enacted their own bans. In Colorado, the people have used the ballot initiative process to enact restrictions on fracking directly. The industry has responded not only with public relations spending to improve the fracking’s damaged reputation, but also legal challenges to these efforts to rein in oil and gas development. In addition to suing local governments, often arguing they do not have authority to regulate fracking, industry threatens to bring costly takings claims for compensation due to alleged economic harms. This Article examines the numerous legal and factual issues that should make it difficult for industry to succeed on fracking/takings claims. First, regulation of fracking, even including outright bans, can almost always be defended as necessary to prevent a nuisance or other background principle of law that justifies government regulation. Even if a nuisance defense could be overcome, industry would have difficulty proving that regulation has destroyed all economic value in their property, unless courts take a narrow view of property that would highlight the arbitrary nature of the “denominator problem.” When fracking/takings claims are considered under the default balancing of the Penn Central case, takings are unlikely to be found except in rare outlier cases. Finally, because requiring governments to pay compensation in fracking/takings cases would likely create a windfall for industry, particularly if the oil and gas eventually is extracted in the future, courts should resist the temptation to rule against government restrictions to protect public health, safety, and the environment.

A Fair Day's Wages: Liberty, Legality, and Liability Among Denver's Day Laborers

Day laborers occupy an essential position in Denver’s booming construction industry. Day laborers make up a highly flexible, highly effective workforce able to respond to market changes. For day laborers, informal day-labor gathering points provide increased control over working hours and employee-employer relationships when compared to traditional wage labor. Still, recent legislation and policies around irregular migration has forced large numbers of workers who may have benefited from the stability of full-time regular employment into the informal sector. The day laborers’ flexibility also exposes them to employers constantly inventing ways to deny them the wages and benefits they are owed. Despite changes in Colorado law in attempts to strengthen workers’ recourse against their employers, and despite social and individual tactics day laborers employ to mitigate their vulnerability, systematic structural, symbolic, and everyday violence continue to advantage employers.

The Work of the Task Force to Implement Amendment 64: A Case Study

This short essay – taken from a keynote address given at the University of Denver’s Marijuana at the Crossroads Conference – describes the dynamics of marijuana law and policy in the United States with a particular eye toward the federalism implications of marijuana legalization in the states. The essay discusses the history of marijuana regulation in the United States, sets forth a number of possible scenarios going forward, and makes a few, tentative predictions about the future.

Buried Truth

Important events often go untold or are a blur of headlines and thirty-second sound bites. Narrative nonfiction crime writing, however, explores societal flaws in depth and can lead to greater awareness of a litany of public issues. The genre sparks the senses, evokes emotion, and exposes the human condition. Nearly thirty years ago, the remains of four people were discovered in Colorado who had been murdered violently. One was a hard-working truck driver. The other three were transient men, each trying to eke out a meager existence. Their collective story is about how they suffered and lost, and it involves determined detectives, a ruthless killer and his family, and a judicial and interagency law-enforcement system that succeeded and also failed.

Renewable Energies and Community Associations: Providing Homeowners with Renewable Energy Options

As energy costs increase in Colorado more homeowners will need renewable energies to provide electricity, heating and cooling for their homes. Renewable energy technology and energy efficient measures have been available for decades but Homeowner Associations (HOA) has not permitted this technology into communities primarily because of aesthetics. In April 2008, House Bill 1270 was signed into law that gives homeowners the right to make their homes more energy efficient and install renewable energy generation devices. The purpose of this capstone is to enable HOAs with information on available technology and design guideline options that can be integrated into communities and thus encourage, instead of hinder, the use of renewable energy and energy efficient measures.

Onsite Wastewater Model Performance Code Implementation Plan

As the population of Colorado continues to grow, the impacts from individual sewage disposal systems, or onsite wastewater systems (OWS), are becoming more apparent. Increased use of OWS impacts not only water quality but land use and development as well. These impacts have led to the need for a new generation of wastewater regulations in the state, a transition from the historic prescriptive requirements to a more progressive, performance-based system. A performance-based system will allow smarter growth, improved water quality, and cost savings for both the regulatory agencies and the OWS industry in Colorado. This project outlines the challenges and essential elements required to make this transition, and provides guidance on how to meet the challenges and overcome barriers to implementing a performance code in Colorado.

Fixing America's School Lunch Program: Local Issues, National Challenges, and Global Perspectives on Possible Solutions

The National School Lunch Program (NSLP) has undergone profound changes since its establishment in the 1930s with a primary goal of feeding undernourished school children. Today, the program is under scrutiny for its negative impact on student health and environmental unsustainability. This project investigates the origins of the NSLP, the current status of the program, and opportunities for reform. In view of the program's deficiencies, much can be learned by studying other relevant models for school lunch, such as those used in Italy and France. While recognizing the political realities and budgetary constraints public schools currently confront, the Business Plan applies these lessons in its proposals for rethinking the school lunch program at one Denver public school.

Is Progressive Discipline Effective?

Progressive discipline has been utilized as a management tool to improve employee behavior since the 1930s. Research throughout the years has failed to determine if progressive discipline is actually successful in modifying employee behavior. This capstone addresses this issue and includes a review of literature on the subject of progressive discipline in the workplace, and a survey of human resources professionals determining the presence and success of progressive discipline in several organizations in Colorado. The results indicate that employee behavior modification may not be as strongly correlated to the type of discipline used, but that other factors related to disciplinary practices have more influence on employee behavior modification.

Representing Clients in the Marijuana Industry: Navigating State and Federal Rules

As the number of states legalizing medicinal and recreational marijuana increases and marijuana emerges as a growing lawful industry, lawyers find themselves in an awkward position. In most states, lawyers who represent clients in the marijuana industry risk discipline for assisting clients in the commission of a (federal) crime. Even in jurisdictions like Colorado, where the rules of professional conduct have been amended to permit lawyers to assist clients who comply with marijuana state laws, lawyers who are admitted to practice in federal courts risk being disciplined by these tribunals for assisting clients in the commission of a crime pursuant to the courts’ local rules of conduct. This short article explores the thorny issue of navigating state and federal rules of professional conduct while representing clients in the marijuana industry.

Mobility and Aging in Denver, Colorado: Travel Behavior, Mobility Barriers, and Perceptions of Transit

The number of seniors in the U.S. today is growing rapidly because of longer life expectancies and the aging Baby Boomer generation. This age groups' travel behavior will have substantial impacts on transportation, economics, safety, and the environment. This research used a mixed-methods approach to address issues of mobility and aging in Denver, Colorado. A quantitative approach was used to answer broad questions about travel behavior and the effects of age, gender, work status, disability, residential location and socio-economic status on mobility. Qualitative interviews with seniors in the Denver metro area were conducted to identify barriers to mobility, decision-making processes and travel decisions, and seniors' perceptions of public transit. The results of the quantitative and qualitative analyses show that residential location is an important variable for determining seniors' travel behaviors and transportation options. Perceptions of public transit were positive, but accessibility and information barriers exist that prevent older adult from using transit. The findings of this study will help to provide transportation and service recommendations to policymakers and planners in the Denver area as well as to inform studies of other North American cities with large aging populations.

Perceptions Surrounding the Implementation of Colorado Senate Bill 10-191's New Teacher Evaluations

In 2013, many public education reform efforts in the United States of America center on testing and accountability. Recent data revealed that teachers have the single greatest in-school impact on student learning; however, the methods to assess teacher effectiveness are widely criticized for not holding teachers accountable and, consequently, are experiencing significant legislative attention. In 2010, Colorado passed Senate Bill 10-191: The Great Teachers and Leaders Act to improve student learning by revising teacher and principal evaluations, including linking them to student learning data, and eradicating tenure. Teachers, administrators, and policymakers hold critical roles in the implementation of this bill, yet little is known about how members of each group perceive their respective roles in the implementation. This explanatory sequential mixed methods study was designed to gather perception data from these three groups, through surveys and interviews. Data revealed that teachers and administrators do not have similar perceptions of many matters related to teacher evaluations, education reform, and the implementation of Senate Bill 10-191 (SB 191). The data also revealed that teachers and administrators expected they would agree on these matters. These collective findings led to multiple recommendations, such as the need for increased dialogue between teachers and administrators about their own perceptions of education reforms.