10th Circuit to Review Constitutionality of the Endangered Species Act

December 30, 2014   |   Environmental Law, Litigation

On November 25, an appeal was filed with the 10th Circuit Court of Appeals asking the court to review the decision of the US District Court of Utah that a rule promulgated under the Endangered Species Act (ESA) to protect the Utah prairie dog was unconstitutional.[Read More]

CO Supreme Court Clarifies an Important Negligence Standard

December 23, 2014   |   Litigation

In Chapman v. Harner, the state Supreme Court finally resolved the long-standing question of what is the proper allocation of the burden of proof under the doctrine of res ipsa loquitur. Res ipsa loquitur, which in Latin means “the thing speaks for itself,” is a common-law evidentiary rule that, if applicable, creates a presumption that the defendant was negligent and does not require the plaintiff to show any direct evidence of the defendant’s behavior.… [Read More]

CO Supreme Court Concludes that a Forum Selection Clause Does Not Divest Colorado Courts of Jurisdiction

December 19, 2014   |   Contract Law, Litigation

A forum selection clause contains a contractual agreement between private parties that provides where the parties will bring any litigation related to the contract. In In re Nickerson v. Network Solutions, LLC, the state Supreme Court was asked to determine whether a forum selection clause stating that Virginia courts have “exclusive jurisdiction” over any dispute under the contract deprives a Colorado court of jurisdiction over a dispute.… [Read More]

First Draft of Colorado Water Plan Released

December 16, 2014   |   Water Law

On December 10, Gov. Hickenlooper unveiled the first draft of the Colorado Water Plan. (The Executive Summary can be found here.) The goal of the Water Plan is to provide a strategic vision for how to, within the current prior appropriation system, balance Colorado’s ballooning population with the expected water shortages in the coming decades, while at the same time protecting agricultural lands and environmental and recreational needs.… [Read More]

9th Circuit Court of Appeals Rejects Shell Oil’s Novel Litigation Strategy

December 8, 2014   |   Environmental Law, Litigation

On November 12, the 9th Circuit Court of Appeals issued a decision in Shell Gulf Oil of Mexico Inc., et al. v. Center for Biological Diversity, et al. holding that Shell cannot file suit to determine who would prevail in a hypothetical suit between environmental groups and a federal agency under the Administrative Procedures Act (APA).… [Read More]