The Red Velvet Lawyer

Qatar? Over the next several months, I intend to share my process in manifesting an international job change in what is now four and a half months.  I am calling this series "Countdown to Qatar." Information About Qatar Let me first start with some information about Qatar . National Goals According to one guide for expats, the King and his administration seek to make Qatar "the Middle Eastern flagship for social development and intellectualism."  "[I]t has worked hard to create a 'knowledge economy,' and to promote ventures like the Museum of Islamic Art and a massive Education City." Location The country extends into the Arabian Gulf off the Arabian Peninsula.  It shares a border with Saudi Arabia.  Economy Qatar is one of the smallest countries in the world ranking 164 out of 234 countries, by area.   But, it has the highest per capita income in the world at about $101,000 per person.    This wealth is largely...

2013 Canadian Bird Mortality Study In 2013, J. Ryan Zimmerling, Andrea C. Pomeroy, Marc V. d'Entremont, and Charles M. Francis published their study : Canadian Estimate of Bird Mortality Due to Collisions and Direct Habitat Loss Associated with Wind Turbine Developments.   The abstract of the study states:  We estimated impacts on birds from the development and operation of wind turbines in Canada considering both mortality due to collisions and loss of nesting habitat. We estimated collision mortality using data from carcass searches for 43 wind farms, incorporating correction factors for scavenger removal, searcher efficiency, and carcasses that fell beyond the area searched.   On average, 8.2 ± 1.4 birds (95% C.I.) were killed per turbine per year at these sites, although the numbers at individual wind farms varied from 0 - 26.9 birds per turbine per year. Based on 2955 installed turbines (the number installed in Canada by December 2011), an estima...

Smithsonian-Sponsored Study of Bird Deaths at Monopole Wind Farms  In a study published in December 2013, three scientists have attempted to estimate the number of bird deaths associated with tower design and height. See Scott R. Loss, Tom Will, Peter P. Marra, Estimates Of Bird Collision Mortality At Wind Facilities In The Contiguous United States.  The sponsors of the study included the Migratory Bird Center, Smithsonian Conservation Biology Institute, National Zoological Park; the U.S. Fish and Wildlife Service, Division of Migratory Birds, Midwest Regional Office; and the Oklahoma State University The study suggests that the trend toward taller towers could be leading to more deaths. On the other hand, the new research also reveals that siting fewer new turbines in California and more in the Great Plains – where the wind resource is rich and increasingly being exploited – could decrease the risk to birds. This study did not focus at the species level, ...

The Smallwood Study Presents Highest Estimate of Bird Deaths to Date The Research In an earlier post , I mentioned the current research on bird deaths at wind farms. Scientists/industry have conducted five major studies to date: 2013 Smallwood Study: 573,000 bird deaths per year. 2013 Canadian Bird Mortality Study: 233,000 bird deaths per year, and habitat displacement of 57,000 breeding pairs. 2009 U.S. Fish & Wildlife Service Study: 440,000 per year. 2013 Smithsonian- sponsored  Study: 140,000 to 328,000 per year (limited to monopole turbines). Wind Industry Estimate: 58,000 per year. Over the next several days, I'll discuss each study.   The Smallwood Study: In March 2013, biologist K. Shawn Smallwood published his study in the March 2013 issue of the  Wildlife Society Bulletin . His estimate of bird fatalities at wind farms is the highest to date. http://onlinelibrary.wiley.com/doi/10.1002/wsb.260/abstract   He estim...

Finding Dead Birds at the Base of Wind Turbines: The Protocol In my last post , I listed the studies estimating bird deaths at wind farms. I plan to discuss each of them over the next week.  Research Protocol: But first, I want to describe the methodology for most of these studies. You can see these procedures in action in the video about bird deaths at the Altamont Pass wind farm here.  The discussion runs from 9:56 to 11:00 minutes into the clip.  The developer/operator should place wildlife biologists into the wind farm on a regular basis to do a carcass count. Ideally, assuming the developer devotes the needed resources, the biologist should conduct the fatality searches within a radius of 50 meters of the turbine base. The searcher should mark out 100 meter square plots to record carcass findings for study longitudinally.  Scientists studying bird fatalities recommend the use of a search protocol involving 120 meter long transects sp...

Growth of Farms Puts More Birds At Risk Introduction A 2008 Department of Energy report calls for the U.S. to generate 20% of its electricity from wind by 2030. By then, experts expect wind turbines to kill at least one million birds each year, and probably significantly more, depending on how many turbines developers build over that time. Wind farms are also expected to impact almost 20,000 square miles of terrestrial habitat, and over 4,000 square miles of marine habitat by 2030, some critical to threatened species. Deaths will come to birds who hold our identity and imagination, like Bald Eagles and other raptors. Turbines also kill birds listed as threatened or endangered unless developers carefully plan and implement wind farms. Onshore, these species include Golden Eagles, Whooping Cranes, sage-grouse, prairie-chickens, and many migratory songbirds. Offshore, species at risk include Brown Pelicans, Northern Gannets, sea ducks, loons, and terns, among other ...

Significant Losses  at Power Plants  and  Transmission Lines Bird Populations Slumping: Since the release of bird status reports at the Asilomar Conference, bird populations have continued to slump, and the list of North American birds with declining populations or otherwise at risk at the regional and continental levels has increased since 2002 where 131 species were then designated (USFWS 2002).  Today, these include 147 species on the 2008 Birds of Conservation Concern list (USFWS 2008), 92 birds federally listed as Threatened or Endangered on the Endangered Species Act (ESA), State-listed species, and species listed as high priorities on the U.S. Shorebird Conservation Plan, among others.  The growing documented and suspected impacts of structures on birds—from direct collision mortality, barotrauma, electrocutions, cumulative effects, and from habitat fragmentation, disturbance and site avoidan...

Plaintiff Awarded $2.9 Million:  Post-Trail Motions and Appeal Certain Charles Sartran of the Energy & the Law blog discusses what is being characterized as the "first fracking verdict in U.S. History."   Background:   [A] Texas jury awarded $2.9 million to landowners in a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Here is the jury verdict . The Parrs sued Aruba Petroleum, alleging that drilling and frac[k]ing at Aruba’s 22 wells located within two miles of the Parr’s 40-acre property in Wise County was making them sick. They alleged a wide array of health issues, including nose bleeds, irregular heartbeat, muscle spasms, and open sores, all of which were allegedly caused by hazardous gases and airborne chemicals emanating from Aruba’s well sites. Outcome: The case proceeded to the jury only on the nuisance claim. The award, for intentionally creating a private nuisance, comprised $275,000 for loss in propert...

Best Mediator?  Best Approach? Interesting post on the use of mediation in energy-related disputes. Frames the debate about substantive expertise vs. process/people skills and about evaluative mediation that can drift into ethically impermissible legal advice. 

"What Hot's and What's Not in the Legal Profession" Red Hot practice areas?  Energy, regulatory, health care. Hot practice areas?  Financial services, IPOs, litigation, labor and employment, intellectual property, real estate, and corporate. Getting Hot?  Interns rights, privately held and family business, education, elder law, and ADR. So says Bob Denny in his 25th trends report released on December 3, 2013. Bob Denny, founder of Bob Denny Associates, Inc., identifies trends in the legal profession at least once a year.  His last report came out in June 2013. His consulting firm, founded in 1974, provides management, marketing and strategic planning services to over 800 companies, professional firms, and non-profit organizations throughout the United States, as well as in Canada and the Caribbean. His report also identifies practice areas seeing less action (cooling off), the hot geographic areas for law, marketing and business development...

Mission Statement The Energy and Mineral Law Society promotes the educational and professional advancement of its student members in the practice areas of Energy and Mineral Law in primarily three ways: By soliciting co-curricular educational and employment opportunities for its members; By facilitating occasions for fraternity and association within these specialized legal communities; and By encouraging the faculty and administration of the Appalachian School of Law to offer an elective curriculum that explores energy and mineral law -- including natural gas, coal, wind, and other forms of energy -- as applicable to prospective practitioners.    This organization has helped bring about these goals, especially the last goal.  I talked about the exciting natural resource curriculum at the Appalachian School of Law here .  So much has changed at the school since 2009, when students founded this organization.    Natural Resource ...

Some positive affirmations: Fear can’t stop me from moving forward.  I’m worthy of positive changes in my life. Today, I welcome change as an opportunity. I am fulfilling all my commitments today. I am confident in my ability to meet challenges today. I have all that I need to do what is good and right in my life today. I am learning to trust my own wisdom and give myself permission to follow it. In July, I posted some positive affirmations for nervous bar exam takers  here .  This past Friday, I provided our incoming students with a modified copy of the same list of affirmations during the session I taught on test taking strategies and test anxiety. Science confirms that this sort of positive self-talk changes our brains in good ways, elevates emotions, and generates the kind of energy people want to be around . Think of Christopher Robin -- the wise, pleasant, cheerful, compassionate companion and leader  -- in the Winnie-the Po...