Energy, Environment, and Natural Resources Certificate

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 - 3 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 six (6) 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 mining of natural resources for energy production and the supply systems developed as a result are integral to modern living standards. This course surveys the energy law and policy framework in the US, North Dakota, and relevant international contexts. It looks at how energy from primary sources such as coal, oil, gas, nuclear water, wind, and solar, are extracted, transported, and converted into secondary and useful energy. The course explores the physical, market, and legal structures governing each energy resource, including models of regulation and key statutory and judicial instruments governing their utilization. Law and policies designed to promote energy conservation, and the use of renewable forms of energy, are also studied.

International Business Transactions - # 252 - 2 Credits

This course surveys the legal regimes, rules, procedures, institutions, and issues regarding international business transactions and foreign investments. First, the class will learn about the transactional issues arising from the sale of goods across national borders by private actors. Such matters arise from agreements regarding the licensing and financing of agency and distributorship, import and export controls, extraterritorial application of domestic law, dispute resolution, etc. Second, the class will examine the legal and regulatory framework governing foreign direct investments, including bilateral and multilateral treaties, concessions, and international joint ventures, in the context of industries such as energy, agriculture, natural resources, and mining. Third, students will review project financing arrangements, local content and corporate social responsibility regulation, and risk management provisions as they impact international business transactions.

International Petroleum Transactions - #321 - 2 Credits

This course examines the legal issues and structure of international transactions relating to the exploration, production, and marketing of petroleum (oil and gas). Petroleum is a source of energy and feedstock for products used in essential economic and industrial processes worldwide, including manufacturing, agriculture, and domestic applications. Consequently, crude oil, in particular, has been a globally traded commodity for decades, while regional or local natural gas markets have become increasingly interconnected and international. In this class, students will learn how crude oil and gas are exploited and marketed worldwide. The course covers how countries establish sovereignty over petroleum resources and how host governments or national (state-owned) oil companies contract with private companies to explore and develop oil and gas resources. Students will review key provisions of model contracts between international oil and gas companies and agreements between such companies and service contractors that facilitate petroleum exploration, development, and marketing. Additionally, students will learn about the dynamics of public and private international law with oil and gas transactions as the context. The class will examine topics such as the extraterritoriality of US anti-bribery laws, managing political risks and the role of bilateral investment treaties, protecting indigenous and human rights, and regulating community impacts.

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 and North Dakota in particular. Oil and Gas law draws deeply on Property and Contract law principles relating to the determination of rights and obligations in oil and gas resources. Students will learn the law governing ownership, development, conservation, marketing, and transfer of interests in oil and gas. The class will explore various kinds of property interests typically created in oil and gas resources, including a landowner's interest, the creation of mineral leases, the rights, and duties between lessor and lessee, etc. Students will also be introduced to the contractual and legal issues for natural gas production and midstream supply considerations for upstream producers.

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. 

Oil & Gas Contracts and Regulation - # [TBD] - 3 credits

This course surveys contractual provisions and frameworks for upstream oil and gas production operations and midstream (processing, storage, and supply) activities in the US. The class will consider mineral rights, title issues, and interests that underpin oil and gas contracts in the US and North Dakota. This includes the review of Leases, Farmout Agreements, Drilling and Service Contracts, Joint Operating Agreements, Gas Purchases, and Supply Agreements. The class will include seminars on regulating gas pipelines, storage, and processing facilities, including an overview of health, safety, and environmental (HSE) regulations in oil and gas production. Essential HSE provisions in selected agreements, leases, and relevant policies will be examined. Course grades are calculated based on class participation and a final take-home examination.

Oil and Gas Resources and Taxation

# TBD - 2 Credits

This course will examine the taxation law and policy issues arising from the acquisition, development, and investment in oil and gas resources. Students will learn about exploration, production, and abandonment of mineral rights and interests in oil and gas and the applicable taxation regime. Although the emphasis is on U.S. federal income taxation of domestic oil and gas transactions, the class will survey relevant international tax aspects of the oil and gas business ventures.

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.

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.