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Oct 23 & 24: 2025 Martz Symposium on Public Lands

Annie Carlozzi — Mon, 23 Jun 2025 17:27:20 +0000

Oct 23 & 24: 2025 Martz Symposium on Public Lands Annie Carlozzi Mon, 06/23/2025 - 11:27

The Getches-Wilkinson Center will be convening the 2025 Martz Symposium on Public Lands Thurs, Oct 23rd and Fri, Oct 24th at the Wolf Law Building in Boulder, CO.

More information will be posted in July 2025.

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Behind the Scenes: Bringing the Martz Symposium Back to Life in Print

Annie Carlozzi — Fri, 20 Jun 2025 13:02:47 +0000

Behind the Scenes: Bringing the Martz Symposium Back to Life in Print Annie Carlozzi Fri, 06/20/2025 - 07:02

Oliver Skelly

A look inside the editorial process that transformed two days of dialogue into Volume 36, Issue 2 of the Colorado Environmental Law Journal

After a five-year pandemic-induced hiatus, the Martz Symposium on Public Lands returned to the University of Colorado Law School this past October with renewed vigor and urgency. Now, just months later, we're proud to share how those conversations made their way into the pages of the Colorado Environmental Law Journal. Many thanks to our authors, S. James Anaya, Matt Dietz, Alison Flint, Travis Belote, Monte Mils, Martin Nie, and Sarah Matsumoto, for their excellent work throughout the process.

Yet the process of turning conversations into law review articles is no simple feat. The transition from symposium presentations to law review articles presents unique editorial challenges. Read on for an assuredly riveting “behind the scenes” look on what happened in the Journal suite over the last six months to make it all happen.

From Spoken Word to Scholarly Articles

First up is tracking down your authors. This usually begins as a “call for submissions” and, if the conference’s listserv doesn’t heed the call, can often end as a “please, please, please write something for us.” Fortunately for yours truly, the 2024 Martz Symposium’s panelists and moderators—Mills, Flint, Matsumoto, and Anaya, to be specific—promptly offered up their ideas and commitments.

Once the authors are selected, the waiting game begins because, unlike the usual process where we selected pre-written articles, symposium selections will be written after the fact (i.e., the event), and generally on the subject the author presented on. Again, trepidation set in as the first-draft December deadline grew nearer; again, our authors came through.

Bear with me here because it’s about to get really interesting. The editing process is as follows: two rounds of substantive edits, onto cite checks and then a copy edit / page proof finish. The latter two rounds are where law journals across the country win their notoriety. Imagine the most monotonous task you do daily, multiply its monotony by five, then find a rule to cite for why you do it. And then do that task several hundred times over the course of a month. That’s our bread and butter, baby.

Jokes aside, these editorial rounds are what allow for law review articles to be relied upon when writing the law—be it legislators or judges. Without a swarm of staff writers and editors to do that sort of rigorous fact checking, the articles’ value to the legal field would be greatly diminished.

Bridging Academia and Practice

Nevertheless, the value in this issue’s contents was apparent from the get-go. We were very fortunate to work with an esteemed group of authors covering a breadth of practice areas. Take it from my very own editor’s note:

Issue 2 opens with S. James Anaya's incisive and experiential analysis of the International Council on Mining and Metals' 2024 Position Statement on Indigenous Peoples, examining how the world's largest mining companies are grappling with their responsibilities toward Indigenous communities. Matt Dietz, Alison Flint, and Travis Belote of the Wilderness Society then present a compelling argument for the role of landscape intactness in the BLM’s multiple-use and sustained-yield mandate, tactfully striking that elusive literary balance between law and science. Professors Monte Mills and Martin Nie then offer up the first comprehensive framework for integrating tribal co-stewardship into federal public lands planning processes by addressing a critical, inequitable gap in the current planning approaches. Colorado Law’s very own Sarah Matsumoto rounds out the articles selection in the Pacific Northwest with an Oregonian exposé on the tension between legitimate wildfire management and its exploitation by industry.

The symposium issue doesn't just feature the distinguished speakers—it also showcases the Journal's student editors' own scholarship. Here’s me again, too lazy to paraphrase:

The Journal’s lead production editor, Lara Andenoro, kicks off the student notes with a weighty analysis of Held v. Montana and how state constitutional environmental rights provisions can serve as powerful tools for climate litigation. Next up is managing editor, Aidan Bodeo-Lomicky’s investigation into the Rice's whale—the world's most endangered baleen whale—illustrating the complex intersection of environmental protection and political change. Tying a bow on Volume 36 is lead notes editor, Mason Liddell, and his comparative analysis of the Lake Erie Bill of Rights and Happy the Elephant case, revealing the challenges facing rights-based environmental and animal advocacy.

Publication in a Changing Landscape

Perhaps the most challenging aspect of the editorial process was the rapidly changing political landscape. The Journal's commitment to publishing timely, relevant scholarship meant that articles required constant updates as policies shifted. This was particularly evident in pieces dealing with federal land management, where, as anyone who reads GWC blog posts knows, there has been some regulatory change afoot over the last six months.

Still, the team's dedication to accuracy and timeliness and the authors’ hard work in keeping us up to date meant that what began as symposium presentations slowly but surely evolved into forward-looking scholarship that remains relevant even as the political landscape continues to shift.

A Labor of Love

The Martz Symposium issue represents more than just a collection of articles—it's a testament to the power of bringing together diverse voices to address our most pressing environmental challenges. From the distinguished speakers who trusted the Journal with their ideas to the student editors who worked tirelessly to bring those ideas to print, Volume 36, Issue 2 stands as a collaborative achievement and capstone on the return of the Martz Symposium.

Now, go read it yourself!

Volume 36, Issue 2 of the Colorado Environmental Law Journal is now available at scholar.law.colorado.edu/celj. Recordings of the symposium presentations can be found on the Getches-Wilkinson Center's YouTube channel.

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Rapid Assessment of the Senate’s Proposal to Sell Off Public Lands

Annie Carlozzi — Wed, 18 Jun 2025 16:59:32 +0000

Rapid Assessment of the Senate’s Proposal to Sell Off Public Lands Annie Carlozzi Wed, 06/18/2025 - 10:59

Chris Winter

The Getches-Wilkinson Center has published a white paper that provides a rapid assessment of a proposal from the Senate Environment and Natural Resources Committee to mandate the sale of federal public lands.

A Rapid Assessment of the Senate’s Proposal to Sell Off Public Lands

This proposal is being considered as a part of an expedited budget reconciliation process with little to no meaningful public engagement. More than 250 million acres of public land are at risk under this proposal, and more than 3 million acres across the west could be privatized in only 5 years. The resulting sell off could threaten drinking water for rural communities, cultural resources valued by Tribes and Indigenous people, recreational access, wildlife habitat, and many other important ecosystem services that support rural economies and communities.

In addition, the current proposal would mark a dramatic departure from existing public land law and policy in the United States, which requires the retention of federal public lands and management of those resources according to multiple use, sustained yield principles for the benefit of the American public. Existing law carefully circumscribes when public lands can be sold to private parties, ensuring that those transactions are designed to further the public interest in public lands and that any proceeds are reinvested into conservation and recreation. The Senate ENR proposal would waive these existing legal protections and would instead sell off federal public land to fund the federal government and offset tax breaks.

The situation is fluid and the Getches-Wilkinson Center will maintain an updated version of the memo on its website at /center/gwc/publications/research-and-publications.

If you have questions, please contact Chris Winter, Executive Director at chris.winter@colorado.edu.

Colorado Law students at Corona Arch in Southeast Utah, which could be sold off to a private developer under the current proposal

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Turning Hindsight into Foresight: The Colorado River at a Crossroads

Annie Carlozzi — Tue, 17 Jun 2025 16:13:35 +0000

Turning Hindsight into Foresight: The Colorado River at a Crossroads Annie Carlozzi Tue, 06/17/2025 - 10:13

Jacob Lehrman

On Thursday, June 5^th and Friday, June 6^th, the Getches-Wilkson Center and the Water & Tribes Initiative hosted the 45^th Annual Colorado Law Conference on Natural Resources. As efforts to finalize the post-2026 Interim Guidelines ramp up, the aptly titled Turning Hindsight into Foresight: The Colorado River at a Crossroads gathered attorneys, government officials, tribal leaders, NGO representatives, students, filmmakers, and academics to reflect on the successes and failures of the past to facilitate a discussion of how to better manage the Colorado River in the future.

Day 1 kicked off with inspiring tales of the rich history and culture of the Colorado River by author Craig Childs and professor Patty Limerick. Their impressive storytelling set the mood for the rest of the conference by underscoring the immense value of this natural resource and the importance of ensuring a more sustainable future for the river and the people who rely on it. Soon after, a panel of experts reviewed the legal principles and agreements that shaped the last set of rules for managing the Colorado River. Paired with insightful questions from the audience, the result was a truly interactive and stimulating experience.

The following presentations, which centered on the role of agriculture in shaping the region’s water budget, laid out the harsh reality that without meaningful change there is not enough water available to meet everyone’s needs. Brian Richter’s segment, Reconciling the Math of Agricultural Water Use, provided a hard-hitting overview of the numbers that go into agricultural water consumption, a perspective that is ever so vital in setting the course for future management guidelines. Day 1 came to a close with a speech by Roger Fragua from the Flower Hill Institute that highlighted the need for cooperation and compassion, instilling a sense of purpose and commonality that perfectly teed up a lovely happy hour reception.

Day 2 began with an update from tribal leaders and representatives on their current situations and concerns for the future. For much of our history, tribal voices have been excluded from the decision-making process, so it was deeply impactful to hear their perspectives shared with clarity, strength, and vision. Next on the agenda was a film screening of What the River Knows that not only shined a light on the environmental and cultural significance of Glen Canyon, but it gave the audience an opportunity to appreciate the raw beauty of the region through stunning cinematography and documentation. Rounding out day 2, presentations from state and federal officials uncovered the competing interests of the varied stakeholders that rely on the Colorado River. Despite some disagreements, the overarching theme of cooperation and understanding gave way to a sense of hope that an equitable agreement is within reach.

Bringing the conference to a close was a discussion on the long-term goals and aspirations for successful management of the Colorado River. Turning hindsight into foresight, this panel reflected one last time on where we came from and how those lessons of the past can empower us to achieve a brighter future and ensure the health of the Colorado River for generations to come.

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New GWC Scholarship Explores Renewables on Public Lands

Annie Carlozzi — Mon, 16 Jun 2025 15:40:07 +0000

New GWC Scholarship Explores Renewables on Public Lands Annie Carlozzi Mon, 06/16/2025 - 09:40

Chris Winter and Obie Johnson

The Getches-Wilkinson Center is pleased to announce the publication of a thought-provoking article, “Facilitating a Green Future? Permitting Reforms and Renewables on Public Lands,” co-authored by Chris Winter, Executive Director of the Getches-Wilkinson Center, and Obie Johnson, a Colorado Law student and Wyss Scholar.

The piece was featured as the lead article in the spring 2025 issue of the American Bar Association’s Natural Resources & Environment journal and explores recent federal permitting reforms aimed at expanding renewable energy development on federal public lands. In recent years, the United States has accelerated its transition to a clean energy future, increasing the demand for new wind, solar, and transmission infrastructure. The article discusses many of the legal and policy initiatives spearheaded by the Biden Administration to facilitate the development of clean energy infrastructure on public lands.

Winter and Johnson highlight the tension between the development of clean energy infrastructure and the need to protect wildlife habitat and other natural resource values. They evaluate recent permitting reforms implemented under the National Environmental Policy Act, the Endangered Species Act, and the Federal Land Policy and Management Act and highlight how these new policies attempt to balance these important objectives across federal public lands.

Since the article was written, a new Administration that is less supportive of clean energy and conservation has taken office, prompting rapid changes to the legal and policy landscape. Despite these political dynamics, the long-term market trends still favor clean energy, though the full impacts of the Administration’s new policy agenda remain uncertain.

This publication reflects the GWC’s ongoing commitment to supporting scholarship and policy work that addresses the most pressing challenges in natural resources, energy, and environmental law. We are especially proud to highlight the contributions of student co-author Obie Johnson, whose work as a Wyss Scholar exemplifies the next generation of leadership in land conservation. The Wyss Scholars Program at Colorado Law School is made possible by the generous support and partnership of the Wyss Foundation.

Read the full article online:
Chris Winter and Obie Johnson, Facilitating a Green Future? Permitting Reforms and Renewables on Public Lands, ABA Natural Resources & Environment, Vol. 39, No. 1 (2025)

Read or download the full article PDF:
Chris Winter and Obie Johnson, Facilitating a Green Future? Permitting Reforms and Renewables on Public Lands, ABA Natural Resources & Environment, Vol. 39, No. 1 (2025)

To learn more about the GWC’s research and student programs, visit www.colorado.edu/center/gwc or contact us directly.

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June 5th and 6th: 2025 Conference on the Colorado River

Anonymous — Sat, 07 Jun 2025 17:46:05 +0000

June 5th and 6th: 2025 Conference on the Colorado River Anonymous (not verified) Sat, 06/07/2025 - 11:46

The Getches-Wilkinson Center and Water & Tribes Initiative will be co-convening the 2025 Conference on the Colorado River on Thurs, June 5th and Fri, June 6th at the Wolf Law Building in Boulder, CO.

Turning Hindsight into Foresight: The Colorado River at a Crossroads

Once again, the Colorado River is at a crossroads, as the efforts to finalize the post-2026 rules push up squarely against longstanding conflicts, legal interpretations, and notions of equity and inclusivity. Complicating progress is the narrow focus on reservoir operating rules, and the tradition of pushing the thorniest issues to future discussions in largely undetermined forums and unknown schedules. In this event, we assess the current state of progress, focusing specifically on the degree to which emerging steps forward incorporate the lessons learned through past experiences.

We hope you join us for what will be sure to be an engaging 2-day conference bringing together thought leaders from across the Colorado Basin.

Thursday, June 5th and Friday, June 6th

8:00 a.m. 5:00 p.m. (Mountain Time)
Wolf Law Building, Wittemyer Courtroom

Breakfast, Snack and Lunch provided daily
Attendee reception provided on Thurs, June 5th

15 Colorado CLE general credits have been approved for the conference.

Conference Recording

Conference Agenda

THURSDAY, JUNE 5

Session 1: Modern Challenges Through a Historical Lens. The Colorado River community is now laser focused on the need to adopt new operating rules by the summer of 2026. At this important inflection point in the basin, it is useful to look back, reflect on lessons learned, and turn hindsight into foresight to ensure that the actions we take now are appropriate for the ever-evolving challenges we face in the basin. The session will start by focusing on lessons learned by some of the basin’s first inhabitants: the Ancient Puebloans. It will then review the history of subsequent human settlement in the basin, exploring the legal and institutional principles that shape current opportunities and constraints to achieving a more sustainable future relationship between the people and the river. The discussion concludes with a review of the agreements expiring at the end of 2026: the Interim Guidelines, Minute 319 and the DCPs (drought contingency plans). Each of these frameworks have had successful elements, but each have had shortcomings. This interactive panel will highlight lessons learned, procedurally and substantively, identified by a number of people involved in those decision-making processes.

Session 2: The Aridification of Agriculture. The contributions of agriculture to the socioeconomic fabric of the basin are significant, but the mathematic reality is that it’s likely impossible to balance the regional water budget without major reductions in agricultural water consumption. This session frames the current role of agriculture in shaping the region’s water budget, highlights the practical challenge of funding the inevitable transition, and identifies some on-the-ground pathways for moving forward to a more sustainable future.

FRIDAY, JUNE 6

Session 3: Updates from the Tribes. Thirty tribes in the basin have strong interests (and legal rights) in how Colorado River management evolves. What are some of the most pressing concerns and demands?

Session 4: Rethinking Infrastructure: Glen Canyon Dam/Lake Powell. “What the River Knows” is a new film exploring how declining Lake Powell levels have resurfaced many environmental and cultural resources in and around Glen Canyon, and what opportunities and imperatives that might suggest for the future of Glen Canyon Dam and Lake Powell. This is the first “pre-screening” of the film, followed by a panel discussion.

Session 5: Insights from the Basin States. In the spirit of moving from "hindsight to foresight" and respecting that delicate ongoing negotiations preclude the states from publicly discussing positions in any detail, the panel will provide only a brief "status update" on interstate negotiations and then transition into the primary focus on lessons/insights for moving the basin forward in coming years where water scarcity and climate uncertainty are likely to escalate further. This discussion, reliant heavily on audience questions, will be informed by discussions earlier in the event.

Session 6: Looking Beyond the Rule-Making. While the crafting of new reservoir operational rules is the current focus of most attention and debate, thinking longer-term, the basin has several, more fundamental, issues that will demand thoughtful discussion and resolution, a longer-term challenge that will necessitate cultivating new ideas and leadership. In the spirit of turning hindsight into foresight, how do we move past the latest exercise in incremental, crisis management to achieve a healthy, just, and sustainable Colorado River?

Confirmed speakers' bios and head shots can be found HERE.

Anne Castle, Getches-Wilkinson Center
Bidtah Becker, Navajo Nation
Bill Hasencamp, Metropolitan Water District of Southern California
Brad Udall, Colorado State University
Brian Richter, Sustainable Waters
President Carlene Yellowhair, San Juan Southern Paiute Tribe
Celene Hawkins, The Nature Conservancy
Chris Winter, Getches-Wilkinson Center
Chuck Cullom, Upper Colorado River Commission
Colby Pellegrino, Southern Nevada Water Authority
Craig Childs, Author
Daniel Mooney, Colorado State University
Elizabeth Koebele, University of Nevada
Eric Balken, Glen Canyon Institute
Eric Kuhn, Author
Jason Hauter, Attorney for Gila River Indian Community
Jason Robison, University of Wyoming College of Law
Jay Weiner, Attorney for the Quechan Tribe
Jennifer Pitt, Audubon
Jim Lochhead, Consultant
John Fleck, University of New Mexico
John Weisheit, Living Rivers
Joseph "Brophy" Toledo, Flower Hill Institute
Kathryn Sorenson, Kyl Center for Water Policy
Lorelei Cloud, Southern Ute Indian Tribe
Michael Connor, Consultant
Patty Limerick, University of Colorado
Peter Culp, Culp & Kelly, LLP
Peter Ortego, Acadian Desert Consulting
Roger Fragua, Flower Hill Institute
Scott Cameron, U.S. Department of the Interior
Governor Stephen Roe Lewis, Gila River Indian Community
Tahlia Bear, Western Resource Advocates
Terri Bissonette, Tribal Leadership Programs, NWF/WTI

Thank you to our 2025 Conference Partners:
Walton Family Foundation
Conscience Bay Company
Berg Hill Greenleaf Ruscitti, LLP

Water & Tribes Initiative 2025 Partners

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Getches-Wilkinson Center Defends the Endangered Species Act

Annie Carlozzi — Tue, 20 May 2025 14:41:41 +0000

Getches-Wilkinson Center Defends the Endangered Species Act Annie Carlozzi Tue, 05/20/2025 - 08:41

The Getches-Wilkinson Center recently partnered with almost 40 law professors from around the country to defend the Endangered Species Act from a regulatory rollback proposed by the Trump Administration. For more than 40 years, the U.S. Fish and Wildlife Service (FWS) has prohibited the modification of habitat that incidentally causes the “take” of a listed species. Thus, projects like timber sales, dam construction, water withdrawals, pesticide applications, construction projects and other activities that impact habitat for listed species have been regulated by FWS and subject to review and/or modification to mitigate impacts to the species and its habitat.

Recently, however, the Trump Administration is proposing to rollback these long-standing protections for habitat by redefining the term “harm” under the ESA, which is included in the definition of take. Since 1981, FWS has defined “harm” to include modification of habitat that actually harms or injures a listed species – i.e., harm that is “incidental” to otherwise lawful activity. Recently, however, the Trump Administration proposed to rescind that regulatory definition of harm and, in the process, significantly narrow the federal government’s interpretation of the ESA’s protections for imperiled species. Under this new interpretation of the statute, the ESA would prohibit only the “direct application of force” to a listed species and not impacts that result incidentally from modification of habitat.

GWC worked with the law professors to submit detailed comments opposing this new interpretation of the ESA and making two key points.

First, the law professors explained that the FWS’s interpretation of the statute – the definition of “take” – is incorrect. Sections 7 and 10 of the ESA create review and approval processes that explicitly apply to activities that modify habitat, thus demonstrating Congress’s clear intent to prohibit and regulate incidental take.

Second, the law professors explained that FWS must comply with the National Environmental Policy Act (NEPA) and prepare an environmental impact statement prior to amending the ESA regulations. This substantive change to FWS’s interpretation of the ESA would have far reaching impacts to imperiled species across the country, and FWS must consider and disclose those environmental effects prior to amending the regulation.

You can read the comments here. Please reach out to GWC Executive Director Chris Winter if you have any questions on this evolving issue under the ESA.

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Essential Pillars for the Post-2026 Colorado River Guidelines

Annie Carlozzi — Fri, 25 Apr 2025 15:31:14 +0000

Essential Pillars for the Post-2026 Colorado River Guidelines Annie Carlozzi Fri, 04/25/2025 - 09:31

Anne Castle , John Fleck , Eric Kuhn , Jack Schmidt , Kathryn Sorensen , Katherine Tara

The process for determining the operating rules for the Colorado River system that will take effect in 2027 is in full swing. While various alternative operating regimes have been proposed, no preferred or consensus alternative has yet emerged. As a group of experienced Colorado River colleagues without affiliation to any Basin State, Tribe, or interested stakeholder, we submit that there are fundamental principles that should form the basis of the ultimate Record of Decision defining management of the Colorado River for the future. We propose the following essential pillars for inclusion in the Post-2026 Guidelines.

Read the full paper here.

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Spring Break on the Colorado Plateau

Annie Carlozzi — Tue, 22 Apr 2025 00:40:34 +0000

Spring Break on the Colorado Plateau Annie Carlozzi Mon, 04/21/2025 - 18:40

Obie Johnson

The Colorado Plateau had thirteen additional spring visitors this year. More conspicuous in our convoy of rental cars than the migratory geese that loudly pronounce spring’s arrival, at times more inebriated than the craftiest fermenters of the berries on the now-blooming Utah Junipers, and with a palpable conviction to protect public lands, our group of thirteen from the Natural Resources Law Seminar enjoyed an incredible spring break on the Plateau. Because of the pure enjoyment I had, I’m happy to briefly reflect on what I’ve drawn from the experience in this blog post. I had never particularly enjoyed long road trips, probably thanks to one-too-many car rides with my family to youth soccer tournaments, but my reservations were erased by some combination of the spectacular landscapes, even more spectacular company, and inspiring conversations with stakeholders particularly impacted by the Plateau’s environmental issues. You can imagine a Floridian’s amazement at the Plateau’s Martian landscapes.

These stakeholders and underlying environmental issues are at the roots of our Seminar. We spent the early months of the semester teaching our fellow classmates about these issues—including overgrazing, mining, and water scarcity, among others in a seemingly inexhaustible list—with the hopefully not-too-frequent corrections of our professors, Mark Squillace and Chris Winter. Each of these topic matters were selected with the trip in mind so that we could speak constructively during meetings with the impacted groups on the plateau. Well, some of the groups; despite our best efforts, we couldn’t quite speak with the wildlife, though I’m sure some of us would have liked to tell the ducks and coyotes to quiet down at 4 or 5am. Nor could we speak to the endangered California Condor that sat pensively on the Navajo Bridge’s railings, as if to take in the great views of the Grand Canyon that its species was so nearly deprived of.

With the trip in the rearview mirror, I’d like to underscore a few challenges in our current management of public lands that I am impassioned to work through as a Wyss Scholar. Within the broad category of the struggle between development and the protection of environmental and cultural resources, there is a critical need to prioritize tribal sovereignty in public lands management. For many in our group, the highlight of the trip was the opportunity to speak to various Navajo and Hopi people about the issues of past and future development. Tribal nations continue to feel the impacts of development that proceeds without their control, whether that be groundwater pollution from uranium or coal mines for which the Navajo and Hopi nations received below-market royalties or efforts to strip protections for Bears Ears National Monument. In this sense, environmental law seems inseparable from human rights law. Take the Hopi people, for example, who emerged from the Grand Canyon and consider it the heart to which the Colorado River pumps life. Now restricted to a reservation that does not include the Grand Canyon (that these tribes have been removed from much of their ancestral lands underscores the inseparability of environmental and human rights law), do you think non-tribal entities adequately respected Hopi sovereignty when nearly damming the Grand Canyon in the 1960s? When precluding them and other tribes from decision-making authority during the upper and lower basin negotiations for Colorado River allocations? Mere consultation is insufficient, lest the process turn into a procedural box-checking exercise for the Government without any teeth to shape the outcome.

Now, not only are market forces continuing to drive demand for renewable energy infrastructure and the mining of critical minerals on public lands, but the Trump administration is taking every step to increase fossil fuel extraction. And while the former can be (but is not always) justified with prudent siting, deference to tribal sovereignty, and a need to combat climate change, the latter is premised on a faux “energy emergency.” Either way, development seems to be on an upward trajectory, which makes it even more concerning that this administration has proposed to, among many other things (see Secretarial Order No. 3418), rescind the Public Lands Rule and various Endangered Species Act protections. Because of these trends, our group was even more thankful to hear from leaders at the forefront of protecting our public lands, such as Neal Clark and the Southern Utah Wilderness Alliance.

I’ve become more thoughtful about the balance between recreation and preservation of the West since our trip. Perhaps it hit me on the trail to Horseshoe Bend, a few miles downstream of Glen Canyon Dam, which felt more like an obstacle course as we navigated a sea of people. Is the Horseshoe Bend viewpoint diminished by the constant flow of tourists who enjoy easy access from the adjacent parking lot? Does so formulaically regulating entry detract from the natural experience? Probably, but that presupposes that there still existed a natural experience to detract from, which is unlikely given the Glen Canyon Dam’s similarly formulaic regulation of the Colorado River’s flow through the sandstone walls of Horseshoe Bend. Either way, this raises an important consideration in public lands management to which there is no universally correct answer: how do we balance recreation and accessibility with the preservation of wild areas? There is an inherent tension here: increased access to scenic areas stokes conservation-mindedness yet may impair or degrade the very areas people leave with a deeper respect for. This is why The Access Fund’s work, for example, is so important; work at the margins like maintaining a trail can prevent the formation of social trails that trample wildlife, biotic crust, and increase erosion. We enjoyed a great hike in Indian Creek with some of their trail workers, learning about all of the work that is taken for granted to funnel hikers and climbers away from social trails. The impact of this work despite its granularity makes you wonder what our environmental agencies could do if their collective budgets weren’t being cut from ~$90 billion to ~$30 billion over the next decade by this Congress! If I were writing the checks, I’d certainly place my faith in people like Lena Pace, superintendent for Arches and Canyonlands national parks, who remarkably had answers for even our most incisive questions despite being just one year into her superintendency.

Finally, I’d like to encourage others to take this course. If we were to round up any student on the fence about pursuing environmental law, or those inclined to practice on the side of environmental law that will earn more in salary than in protection of the environment, and put them on this trip, I can’t help but think we’d return with more allies in preserving public lands. In that vein, thank you to the Getches-Wilkinson Center and the school for making possible such an unforgettable experience, thank you to Chris and Mark for such thoughtful and surprisingly smooth planning (apart from the many U-turns made), and thank you to the many stakeholders we spoke with throughout the trip for their insights!

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Colorado Plateau Trip Reflections

Annie Carlozzi — Tue, 22 Apr 2025 00:24:43 +0000

Colorado Plateau Trip Reflections Annie Carlozzi Mon, 04/21/2025 - 18:24

Andrea Shipton

In March, I had the pleasure of spending a week on the Colorado Plateau with fellow students and professors from the Advanced Natural Resources Law Seminar. The Colorado Plateau – a heart-shaped desert region encompassing portions of Utah, Arizona, New Mexico, and Arizona – is home to some of the most unique landscapes and wildlife in the entire nation. In the fall of 2023, I took my first visit to the Plateau for a canyoneering trip and was immediately hooked. From the hoodoos of Goblin Valley State Park to the deep canyon walls of Dead Horse State Park to the iconic arches of Arches National Park, I loved traversing the region’s slickrock trails to explore red-rock features that absolutely blew my east-coast mind.

While the Colorado Plateau is certainly beautiful, it also faces many of the nation’s greatest natural resources challenges. These issues – specifically, how to manage these landscapes amidst climate change and increases in public popularity – are what encouraged me to study natural resources law in the first place. They’re what drew me to take this seminar and what drew me to apply for the Wyss Scholars Program, since I hope to devote my career to learning about and addressing these issues. Especially at a time where executive orders are opening up public lands for logging, the future of National Monuments remains unclear, and states like Utah are jockeying to claim ownership of “unappropriated” federal lands, these landscapes need scientists, scholars, lawyers and other passionate folks to advocate for their protection.

On the seminar trip, our class met with many of these local advocates of the Colorado Plateau. One of my favorite conversations of the whole trip happened on day one, when we met with Lena Pace, Superintendent of Arches and Canyonlands National Parks and Hovenweep and Natural Bridges National Monuments. She spoke of the delicate balance between managing Parks for the twin purposes of public recreation and conservation, as well as preserving the “wilderness feel” while also keeping recreators safe. She pointed to tools like timed-entry permit systems to control visitation to popular areas, and keeping fees at a price that helps fund the parks but doesn’t erect barriers to use. I was also struck by many of our conversations with the Hopi, and the unique challenges of being a nation completely surrounded by another nation (Navajo Nation), affected by severe poverty, and facing serious issues regarding reliable water quality and supply. I really enjoyed getting to meet Vernon Masayesva of the Coyote Clan, a former Tribal Chairman and Founder of the Black Mesa Trust, who played a gigantic role in shutting down power plants and mines that were polluting and drying up Hopi waters.

I really enjoyed getting to personally experience the landscapes I’ve learned so much about in the classroom. After three nights spent inside Bear’s Ears National Monument, I just can’t fathom a world where these lands cease to be protected by the Antiquities Act or are otherwise opened up to development. One of my favorite ways to explore new landscapes is through trail running, and my sunrise trail runs through the Indian Creek portion of Bears Ears, where I watched rock cliffs and spires light up in fiery red blazes, is something I’ll never forget for the rest of my life. Hiking to panels of petroglyphs, ancient granaries, and other archaeological sites also really cemented the importance of large-scale protection of these landscapes for cultural reasons. I enjoyed getting to spend an afternoon rock climbing in this beautiful region too – learning how to crack climb from a law school professor is an opportunity I never could have imagined pre-law school, especially in such a special place.

I am so grateful to everyone who made this trip possible – from the Getches-Wilkinson Center, to Professors Chris Winter and Mark Squillace, to the people we met with on the Plateau, to donors, and to my fellow classmates who made this trip so enjoyable. This trip has truly stoked the fire in me to continue fighting for the lands, waters, and Tribes of the Colorado Plateau.

I’ll conclude with one of my favorite pre-seminar trip anecdotes about the Plateau: in November of 2023, during thanksgiving break, I ran the Dead Horse Ultra 30K in Moab. About half a mile into the race, as I trudged up a steep section of dirt road, I heard someone say my name – I looked to my right, and there was Mariah Bowman, Colorado Law’s 2024-25 Wyss Scholar. Unbeknownst to each other, we had signed up for the same distance of the same race, six hours away from Boulder, and before either of us had been named Wyss Scholars. Looking back, I’m reminded of the importance of these random moments of human connection that I’ve gotten to experience as a law student at Colorado Law. From running into classmates on the trails, to climbing 14ers with them, to skiing before class with them, I’m so lucky to live in a place where I can immerse myself in my law school studies, in meaningful adventures on public lands, and perhaps most importantly – study the intersection of the two. I’m so grateful for the Wyss Foundation for supporting me as I pursue public lands law, and I’m looking forward to more of these moments on the trail that remind me why public lands are so worth fighting for.

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