It was unrealistic to expect the oil and gas task force to resolve the recent controversy over state and local energy regulation to everyone’s satisfaction. After all, this issue has a 30-year history in Colorado and has provoked dustups in other energy-producing states such as New Mexico, Ohio, Pennsylvania, and Texas.
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Oil Spilled Is Down Amidst Oil Boom
Coloradans sometimes ask me about the potential environmental harms of oil and gas development, including fracking. With the current oil boom in Colorado, some assume a corresponding increase in oil spilled. In fact, the opposite is true.
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Environmental Restoration Damages: A New Trend of Regulating Cleanups Through Private Lawsuits
Environmental restoration damages, which have their roots in the common law, allow an injured property owner to elect to recover the cost of repairing damaged property rather than the amount the property diminished in market value as a result of the harm. The longstanding common law rule, however, is that damages based on the cost of repairing property cannot exceed the diminished value of the property.
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What’s in the Package: Food, Beverage, and Dietary Supplement Law and Litigation – Part 1
This two-part article discusses the regulatory framework applicable to the food, beverage, and dietary supplement industries. It also addresses Colorado law on personal injury claims resulting from consumption of food products and on false advertising/labeling claims regarding food products.
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Public Benefit Corporations in Colorado: New Kid on the Block
On April 1, 2014 the Public Benefit Corporation Act of Colorado (PBCA) became effective, allowing for public benefit corporations (PBCs) to be formed under Colorado law. This article briefly discusses what PBCs are (and what they are not) and how they relate to nonprofit organizations in Colorado.
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The In-house Checklist of Steps for New Litigation
In the first few days after a company is served with a new lawsuit — or receives a threat of a new lawsuit — there are numerous steps that in-house counsel should take. These steps serve a dual purpose: They ensure compliance with the requirements placed on a civil litigant, and they put the company in the best position to defend itself against the claims. During the initial scramble of investigating claims, figuring out legal defenses and obtaining outside counsel, it is not uncommon for in-house counsel to miss simple tasks and responsibilities.