When the appellant wins an appeal, the opinion often ends with two words that sound like music to the victor’s ears: “REVERSED and REMANDED.” But while the vast bulk of the parties’ work aims (understandably) toward the first of those two words, few trial or appellate practitioners devote enough attention to the second. The appellant may know precisely how the district court erred and exactly why it should be reversed, but unless the attorney representing the appellant has given thought to the shape and scope of the possible proceedings on remand, he or she runs the risk of leaving the client worse off than if no appeal had been filed at all.
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The Rio Tinto Mine Site, Elko County, Nevada: A Cercla Case Study
Sites remediated under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601–9675 (CERCLA) present multiple challenges for government agencies and responsible parties. Parties grapple with complicated technical issues, lengthy cleanups, disputes over liability and allocation, competing regulatory agendas, and excessive and uncertain costs. Successful projects often are ones that address these issues using an innovative approach.
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Kenzo Kawanabe Named to Boettcher Foundation Board of Trustees
The Boettcher Foundation is pleased to announce that Kenzo Kawanabe and Judith B. Wagner have been elected to the Board to Trustees. Comprised of 12 Colorado business and community leaders, the Board of Trustees is responsible for oversight of the Boettcher Foundation, including support and preservation of its vision and mission.
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50-State Survey of Protections Available for Purchasers of Contaminated Property
The Subcommittee of Women Environmental Litigators, one of the groups under the umbrella of the American Bar Association Litigation Section’s Environmental Litigation Committee, initiated this 50-state survey to address a question that our members identified as one that frequently arises for environmental litigators and other attorneys who work on projects involving contaminated properties. The question we posed to each of the authors was: describe any statutory or regulatory provisions that your State has which are similar, or have a similar purpose, to the innocent landowner and/or bona fide purchaser protections found in CERCLA.
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Here Today, Gone Tomorrow and Other Consequences of Being Fraudulently Avoided
The Bankruptcy Code provides the debtor or trustee with a variety of tools to augment the estate through avoidance and recovery actions. This paper will address recent cases of interest involving fraudulent transfers within the 10th Circuit and in other jurisdictions. It has been stated that “[t]he purpose of fraudulent [transfer] law is to make available to creditors those assets of the debtor that are rightfully a part of the bankruptcy estate, even if they have been transferred away.” If it were only that simple to determine what is rightfully part of the debtor’s estate – however, it is not. With the constructive fraud provisions found in the Code and applicable state law, the transferee of the debtor’s property will frequently have a different view as to its entitlement to retain the transferred property.