Energy, Environment, and Natural Resources Certificate Courses
Required Courses
Students enrolled in the EENR Certificate Program are required to successfully complete: Administrative Law; Environmental Law; and one of the energy-related courses listed in the Primary Courses below.
Administrative Law - #210 - 2 credits
This course reviews the legal doctrines that empower and constrain the "fourth branch"
of government-administrative agencies. Primary emphasis is placed on case law developed
at the federal level; state law is covered where it differs substantially from its
federal counterpart. Major topics include the creation of administrative agencies,
agency use of power and limits on that power, public and individual participation
in agency processes, and judicial review of agency action. Grades will be based on
a final in-class exam.
Environmental Law - #263 - 3 credits
This course surveys the major federal statutory programs restricting private and governmental
activities that may adversely affect human health and the environment. The course
examines the common law origins of environmental law, current "regulatory" schemes
designed to prevent activities from causing excessive environmental harm, and current
"remedial" schemes designed to clean up or remedy environmental harms that do occur.
Major topics include the structure of federal, state, and Indian tribal governmental
power over the environment, air and water quality, and hazardous waste disposal and
cleanup. Course grades are calculated on the basis of class participation and a reflective
paper, not eligible for the School’s graduation writing requirement, on a topic assigned
on the first day of class.
Energy course – 3 credits
Either Energy and Mining Law or Oil and Gas Law (as listed under “Primary Courses”
below) or another substantial, energy-related course approved by the Director of the
Certificate Program.
Primary Courses
The primary courses are courses that explore more specific topics in energy, environmental and natural resources law. The courses in these categories take advantage of the interests and expertise of the faculty at the School of Law, while also providing many opportunities for certificate program students to delve more deeply into several of the specific subject areas that affect tribes and tribal peoples.
Certificate program students must take at least seven (7) credits of primary courses in addition to the required courses to fulfill the requirements of the certificate program.
Energy and Mining Law - #362 – 3 credits
The global energy industry is a dynamic one. While society currently relies heavily
on fossil fuel sources, sustainable and renewable energy solutions are a quickly growing
sector of the market. This overview course will survey both traditional energy sources
such as coal mining that are stalwarts of our nation’s and North Dakota’s economy
along with emerging technologies like wind and solar. We will look at the many different
regulatory environments that help shape how these businesses operate as well as typical
legal principles.
Indian Country Environmental Law - #340 - 3 credits
This course examines how the confluence of federal environmental, administrative and
Indian law creates, but may also solve, environmental injustice in Indian country.
For Indigenous Peoples who seek to maintain connections with their ancient spiritual
and religious cultural traditions, effective protection of the natural environment
is critical to their cultural identity. The course examines the various Indian country
approaches taken by the U.S. Environmental Protection Agency (EPA), including treating
Indian tribes “as states,” and the federal cases brought by states and non-Indians
challenging EPA's and tribes' authority to make binding value judgments about Indian
country environmental protection. This seminar fulfills the intensive writing requirement.
International Petroleum Transactions - #321
This subject considers the legal issues and structure of transactions relating to
the exploration, production and marketing of petroleum that, owing to its economic
and strategic importance, is the most important commodity traded worldwide. This subject
will give students a detailed understanding of how crude oil and gas are exploited
and marketed worldwide. It will cover how countries establish sovereignty over petroleum
resources and how host governments or their national (state-owned) oil companies contract
with private companies to explore and develop oil and gas resources. This subject
also reviews and analyses key contracts among petroleum companies, and contracts between
petroleum companies and petroleum-services contractors, that facilitate exploration,
development and marketing of petroleum. As petroleum is one of the most politically
charged commodities, this subject will also consider extra-territorial anti-corruption
law and political risk. In a broader sense, this subject will help students develop
better analytical skills—especially the ability to critically evaluate contracts.
Natural Resources Law - #315 - 3 credits
This course surveys the major federal statutory programs and state law regimes governing
property rights in natural resources on both public and private lands. Topics covered
include Wildlife and Biodiversity, Rangelands, Protected Lands, Wetlands, Hard Rock
Minerals and Forests. In particular, the course compares various approaches to federal
resource management, including the cross-boundary regulation of endangered species
and wetlands, the multiple-use mandates of Bureau of Land Management lands, and the
notion that nature can be preserved by setting it aside in wilderness areas and national
parks. The course also addresses state responsibilities for natural resources management
(focusing on the public trust doctrine) and issues raised by regulation of natural
resources on private lands (focusing on constitutional takings doctrine). A persistent
theme is the question of development vs. preservation. Grading is based on class participation,
and a paper on a topic assigned to all students. There is no exam.
Oil & Gas Law - #217 - 3 credits
This course takes a comprehensive approach to oil and gas law across the United States
with a focus on North Dakota. We will study both landmark cases as well as the North
Dakota statutes and case law. We will cover legal issues that cover the full span
of development – from leasing, to drilling operations, to unit production, and of
course abandonment and reclamation. Oil and Gas law draws deeply on Property and Contracts
courses that you have already covered during your legal education. This course will
help prepare you to confidently spot issues for oil and gas questions presented on
various state bar exams and provide you with an understanding of how oil and gas leases
and associated contracts are drafted.
Secondary Courses
Secondary courses are courses that explore aspects of law that impact energy, environmental, and natural resources. These courses include both legal topics and practice ready skills courses.
Certificate program students are not required to take any secondary courses to fulfill the requirements for the certificate program. Recommended secondary courses include:
Alternative Dispute Resolution - #281 - 2 credits
This course provides an overview of the regional dispute resolution methods of mediation,
negotiation, arbitration, custody investigation, early neutral evaluation, parenting
time coordination, and collective bargaining. Students will learn how to use and
effectively participate in dispute resolution processes as a neutral third party.
This course includes practical, skill-building exercises and presentations in an
experiential learning environment.
Conflict of Laws (Law 257)
A Minnesota resident and California resident are involved in a vehicle collision at
a national park in North Dakota. Which State’s laws apply in addressing potential
claims? Change the vehicle collision to the formation of a contract—what laws apply?
Regrettably, many attorneys have only a faint familiarity with the complex relationship
between the laws of different states, nations, and sovereign powers. The practical
reality of an increasingly global and connected world frequently raises questions
regarding: (1) which jurisdiction's laws apply; and (2) the enforceability of foreign
judgments. Understanding the outcomes of these complicated questions can have a profound
impact in analyzing whether a legal claim exists, the scope of rights and remedies,
and other strategic considerations. This course explores the different legal frameworks
for determining the applicable law in multi-jurisdictional disputes, the dichotomy
between substantive and procedural rights, the constitutional limits in the context
of conflict of laws, and the recognition of judgments from a foreign state or nation.
Because it draws on core principles from torts, contracts, property, civil procedure,
and constitutional law, it offers a useful review of those subjects, particularly
for graduating students. It also provides a fun and practical opportunity to develop
critical thinking and legal analysis utilizing interesting and murky legal issues.
Modern Real Estate Transactions - #285 - 3 credits
Study of the contracting process in real estate transactions; deeds and deed covenants;
recording issues; title insurance and abstracts of title; and mortgage loans, foreclosure,
and other real estate financing issues.
Transactional Drafting - #229 - 2 credits
This course focuses on the process and principles of drafting transactional (i.e.,
non-litigation) documents. Upper-level law students will learn about drafting and
reviewing contracts that could be used in a variety of contexts. We will examine basic
concepts of contract drafting and then expand on those concepts to draft, review,
revise, and negotiate contracts. Students will learn the general components of drafting
contracts and develop skills necessary for writing and organizing contracts.
Transactional Negotiations - #247 – 2 credits
A legal career – either transactional, corporate, or courtroom based -- often requires
you to negotiate on behalf of your client. Excellent negotiators learn to forge long-term
collaborations between both parties with an ability to create value for both sides.
It is also important that you learn to identify potential risk within deal proposals
to ensure that the deal structure doesn’t create additional future issues. This course
will help you hone negotiation skills through hands-on simulations. Even if you are
already a skilled negotiator, we will be able to add to your current skill set.
Trusts and Estates - #230 - 4 credits
The general public assumes that all lawyers can do two things: try a case and write
a will. Most lawyers can do neither. This course is designed to remedy that situation
in part by introducing students to the basics of estate planning and administration.
The course will cover: the law of intestate succession; statutory family protection
schemes; restrictions on testation; the role, preparation, and construction of wills;
the uses, creation, construction, and termination of trusts; rudimentary tax considerations
in the estate planning process; the use of future interests; the mechanics of estate
administration (including an examination of alternatives to probate); the role and
responsibilities of fiduciaries; the role of the estate attorney.
Special project
EENR Certificate Program students will be required to complete a two-credit special project. The special project is intended to provide the student with the opportunity and incentive to explore more fully a topic in energy, environment, and natural resources of the student’s choice, independent of the student’s prior or current coursework. Through this special project, the student is expected to explore a pressing EENR legal issue while applying the legal and professional principles learned through the program coursework. The special project can also be completed by competing in national energy or environmental related moot court or negotiations competitions.
The special project is designed to provide broad opportunities for exploring EENR legal issues and could take a variety of forms. The student is responsible for seeking and securing a faculty member willing to supervise the project and assist the student in designing an appropriate project. Once a student has designed the project, the student will submit a proposal, which must be signed and approved by both the supervising faculty member and the certificate program Director. The special project is deemed completed upon the approval and signature of the supervising faculty member. The special project cannot fulfill in whole or in part the requirements for any other credit-earning course
Summary
To earn the EENR Certificate, a student must earn a total of seventeen (17) credits through law school coursework and an approved special project. The requirements are as follows:
Required courses: 8 credits
Primary courses: At least 7 credits
Special Project: 2 credits
Total: 17 credits