Gunnison Sage-Grouse Listed as “Threatened” Under Endangered Species Act

November 20, 2014   |   Environmental Law

On November 12, in a decision that will likely be challenged in the courts by both the State of Colorado and the conservation community, the US Fish & Wildlife Service (FWS) officially listed the Gunnison Sage-Grouse as “threatened” under the Endangered Species Act (ESA).[Read More]

CO Court of Appeals Rules that Participation in Arbitration Waives a Party’s Right to Object to Validity of Contract in Court

November 17, 2014   |   Contract Law, Litigation

In Harper Hofer & Associates, LLC v. Northwest Direct Marketing, Inc., et al., the Colorado Court of Appeals answered a question that no Colorado appellate court has ever addressed: under Colorado law, does participation in arbitration waive a party’s objection to the existence of a contract that contains an arbitration clause?… [Read More]

US Supreme Court Wades Into Two Inter-State Water Disputes

November 13, 2014   |   Litigation, Water Law

On November 3, the US Supreme Court decided to get involved in two interstate water disputes: one between Florida and Georgia, and one between Texas, New Mexico, and Colorado.

Florida v. Georgia

The Court ruled that Florida may invoke the Court’s original jurisdiction to resolve a water dispute between the two states over use of the Chattahoochee and Flint Rivers.… [Read More]

CO Court of Appeals Orders Plaintiff in Trespass Action to Sell Land to Defendant

November 10, 2014   |   Litigation, Real Estate and Real Property

In a very unusual case, the Colorado Court of Appeals in Graham v. Jules Investment, Inc., and Big Cats of Serenity Springs, Inc., Court of Appeals No. 13CA1364, affirmed a trial court decision to force a plaintiff who sued neighboring property owners for trespass to sell the encroachment area to the defendants.… [Read More]

10th Circuit Court of Appeals Upholds Regional Haze Program for Colorado Plateau

November 6, 2014   |   Environmental Law, Litigation

In Wildearth Guardians, et al. v. U.S. EPA, the 10th Circuit Court of Appeals affirmed EPA’s approval of regional cap-and-trade program regulating sulfur-dioxide emissions over the Colorado Plateau. Five environmental groups challenged EPA’s approval claiming that the Clean Air Act required best available retrofit technology (“BART”) in all eligible major sources that contribute to visibility impairment in various national parks and wilderness areas in Colorado, Utah, New Mexico, and Arizona, including Grand Canyon National Park.… [Read More]

CO Court of Appeals Limits Waiver of UM/UIM Coverage by Named Insured for Another Named Insured

November 3, 2014   |   Litigation

In Johnson v. State Farm Mutual Automobile Insurance Company, Court of Appeals No. 13CA0752, the Colorado Court of Appeals held that a named insured under an automobile liability insurance policy may not waive uninsured/underinsured (UM/UIM) coverage for another named insured on policy without express actual authority.… [Read More]