Environment / Environmental Law

The Canadian Bar Association (CBA) is the prime industry group for Canadian lawyers coast to coast. In essence the CBA is an advocacy group that also provides its members with continuing legal education and networking opportunities. It has 37,000 members, so it speaks for a lot of Canadian lawyers.

Let’s move half a world south to the Lago Agrio region of Ecuador. An energy giant, Chevron, apparently caused a bit of nuisance there. The indigenous villagers in the region sued Texaco (which Chevron subsequently purchased) for causing extensive pollution and won a local judgement for $9.51 billion. I haven’t taken a trip to Lago Agrio, but I suspect from the size of the judgement we aren’t talking about a few puffs of black smoke.

The plaintiffs are now chasing Chevron’s assets all over the world, including Ontario. Chevron hath protested with vehemence that its Ontario assets should not be at risk. The Ontario Court of Appeal ruled last year that the Ecuadorian plaintiffs “deserve to have the recognition and enforcement of the Ecuadorian judgment heard on the merits” in Ontario. Thus, the C.A. has at least opened the door for the plaintiffs to realize on Chevron’s Ontario property in satisfaction of the multi-billion dollar judgement. Here’s the shocker: Chevron has appealed to the Supreme Court of Canada.

This is where the CBA comes in….

double red triangle arrows Continue reading “The View From Up North: Has The CBA Crossed The Line?”

* It’s not that Justice Kennedy cares more about gay rights than women’s rights, it’s that Justice Kennedy understands gay rights better than women’s rights. That’s a much less charitable but shorter read of this insightful piece by a former Kennedy clerk. [Dorf on Law]

* The judge caught making racist and sexist remarks about Charlize Theron’s adoption has been banned from the bench. He wants to be judged on more than this incident. To quote Dr. Hibbert: “And hillbillies want to be called ‘Sons of the Soil’, but it ain’t gonna happen.” [Associated Press via Yahoo! News]

* Adam Carolla is keeping his fight against patent trolls alive. Ziggy socky ziggy socky hoy hoy hoy! [Mashable]

* Yesterday, the man who shot young Renisha McBride for knocking on his door was convicted of second-degree murder. Sadly, it was just one more in a string of cases where some idiot bought into the rhetoric of shooting first and asking questions later that gun lobbyists have pushed for years. [New York Times]

* Here’s something, a former law firm CIO wrote a novella called I Spy, You Spy, We All Spy (affiliate link) based on the allegedly true events of the “law firm spying on its own lawyers, employees and some of its employees’ family members.” Delightful. [Amazon]

* “Why Young Lawyers Shouldn’t Hate Hate Hate Baby Boomers Holding On to Jobs.” OK, I’ll go back to hating them for being the self-absorbed Me Generation that made Gordon Gekko a role model. [Law and More]

* At oral argument in the marriage equality cases, the lawyers and the Sixth Circuit exhibited… a lot of misconceptions. [Constitutional Accountability Center]

* The battle over the EPA’s Carbon rules isn’t over yet. Gear up for a Supreme Court trip. [Breaking Energy]

* Do you need to know how to pronounce the SCOTUS case of Volkswagenwerk Aktiengesellschaft v. Schlunk? There’s an app for that. [Law Technology News]

* For all you surprised by LeBron James, let me remind you: Cleveland is all about two non-consecutive stints. [Wikipedia]

* Speaking of basketball, Mitchell Epner takes his talents to CNBC to breakdown the 5 things he learned during the first week of the Donald Sterling trial. [CNBC]

* Who is the Litigator of the Week, per Litigation Daily? It’s Daniel Gitner of Lankler Siffert & Wohl because he became the first lawyer to beat the S.D.N.Y. U.S.A.O. in an insider trading case. Also because he’s awesome. Pardon me while I put on my LSW shirt. [The Litigation Daily (sub. req.)]

* Hey! Take a second to take our latest law firm survey. We really want your feedback on your perception. [Above the Law]

* “5 Reasons the Sleeping Yankees Fan’s Lawyer Should Be Disbarred.” Fair enough. [Internet on Trial]

* Will the EPA’s latest carbon rule survive judicial challenge? I would have said “no” but after Homer City… [Breaking Energy]

* Do blondes make more money? I guess that’s the trade-off with being the focus of revenge porn. [The Careerist / American Lawyer]

* Aereo is back. Sort of. [Comm Law Blog]

* A former Patton partner lost his new job at Pillsbury over the Chevron case. Could anybody have suffered more over this case? Oh, right, all the Ecuadorians. [Legal Times]

* While you weren’t looking, even fewer people took the LSAT. Obviously. [LSAC]


* Confessions of a litigious mind: Trial attorney admits he was trained as a spy. [What About Clients?]

* A Fordham Law professor running for governor. [New York Times]

* Are messenger bags unprofessional for lawyers? My firm bought us messenger bags with firm logos so this wasn’t a question for me. [Corporette]

* New carbon regulations on the horizon and industry is already gearing up for a fight. [Breaking Energy]

* FTC charging Jerk.com with deceiving customers. What a paradox, because if the FTC is right this seems like truth in advertising. [IT-Lex]

* Larry Klayman is suing the entity he founded, Judicial Watch, for defamation. Somehow Orly Taitz is involved. [South Florida Lawyers]

* Hey recent grads! Do you need to frame your shiny new diploma? Mountary is offering a 20 percent discount to ATL readers. Just enter the code “atl20″ at checkout. [Mountary]

* Bruce Allen Murphy has a new biography on Justice Antonin Scalia that proposes that far from forging a conservative Court, Justice Scalia’s actions have undermined building a conservative team of justices. Also he reminds us that Scalia was totally an affirmative action hire. Video after the jump…. [YouTube]

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* The Supreme Court chimed in on the death penalty today, ruling 5-4 that Florida can’t use an IQ score as a hardline rule to apply the death penalty. Justice Alito dissented, complaining that the Court turned over the issue to psychiatric doctors. Because if you’re going to make a decision on mental incapacity, why involve people who know the science? [SCOTUSBlog]

* Well, it turns out one of the reasons why Charleston Law is so eager to sell to InfiLaw is that its founders withdrew $25 million in profits over the last three and a half years, leaving the school a financial wreck. [Post and Courier]

* What?!? A judge was allegedly kidnapped by a convicted felon that she may or may not have had a relationship with while she worked as a public defender. And the alleged kidnapper escaped the police when he sneaked out of the hospital because apparently Maryland hired the Keystone Kops. [Washington Post]

* In a sad testament to what happens when zealous representation meets law firm hierarchy, a new study reveals that working hard doesn’t get you anywhere. Just deliver the bare minimum you promised and call it a day. [Law and More]

* Video game manufacturer files lawsuit against… somebody. They’re not sure. But whoever they are, they’re ruining Starcraft. [Hardcore Gamer]

* Nevada’s bar president decided to use his monthly newsletter column to opine on gay marriage. That was probably a mistake for him. [The Irreverent Lawyer]

* A new environmental law firm opens in the rustbelt and it’s ready to take on some industry bigwigs. [What About Paris]

* New York upholds the right to be annoying on the Internet. [IT-Lex]

* Lawyer-turned-rapper Mr. Kelly (@Mrkelly_music) has a new video after the jump about lunchtime and the malaise of living a corporate lifestyle. His album is available too. [YouTube]

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* “Mr. Owl, how many permits do you need to complete a simple LNG export transaction?” “Well, let’s see… A-one. A-two-hoo. A-three. Three.” [Breaking Energy]

* Defamation laws in Europe are way out of whack. For example when gorgeous model Anara Atanes took to Twitter to rip the manager of France’s World Cup team for leaving her boyfriend at home, he sued her. And he might win. [IT-Lex]

* Tips for getting over feeling like an imposter. Surprised drinking isn’t on there. [Corporette]

* “The Parties Do Not Need a Judge; They Need a Rather Stern Kindergarten Teacher” [Lowering the Bar]

* An interesting question: with judges of all political philosophies striking down gay marriage bans across the country, won’t there be some judge who bucks the trend? [Constitutional Accountability Center]

* A.J. Delgado, like many conservative activists, became a lawyer before realizing that making warrantless and patently offensive statements on TV is a viable career. And you don’t need to bill hourly. Her new article on how rape is a figment of feminists’ imagination is appalling. This article kicks the hell out of it. [Slate]

* The parade of businesses suing over online reviews continues. [Oregonian]

Justice Scalia made what’s being called “a hugely embarrassing mistake” and an “epic blunder” after he wrote one of his characteristically dismissive and belittling dissents. Unfortunately it seems Justice Scalia (or his clerks) failed to do proper research and based an entire section of his dissent on a past decision that he completely mischaracterized.

A past decision that he wrote himself. Cue effect.

Maybe if he spent more time focusing on the law instead of fomenting revolution he could have avoided this….

double red triangle arrows Continue reading “Justice Scalia Botches Precedent Written By… Justice Scalia”

Amanda Bynes

* SCOTUS seems divided over its greenhouse gas regulation case. Just remember, justices, there’s “no such thing as greenhouse gas,” and if you think there is, you can “go f@ck yourself and die.” [Legal Times]

* DLA Piper, Fenwick & West, and William Fry are advising on the King.com (aka Candy Crush) IPO. Cool. Know that the public will refuse to invest until those damn chocolate blockers go away. [The Lawyer]

* “Guys like them are the reason people hate lawyers.” When your lawyers do you this badly, you end up living in one of their homes as part of a settlement. Of course this happened in Florida. [Sun Sentinel]

* If you’re in the market for an apartment, we hear Brooklyn Law School just sold a bunch of its student housing to a real estate developer. Per the dean, the school is now so small the apartments were unnecessary. Yikes. [Brooklyn Daily Eagle]

* Amanda Bynes took a plea deal on her DUI charge. She’ll serve three years of probation and pay a fine. Maybe when she’s done, she’ll pull a Lohan and appear naked in a movie. Young men can hope. [CNN]

Give a hand for the law’s lack of diversity.

* When it comes to the air pollution case that’s currently before the Supreme Court, it seems like the justices had absolutely no difficulty at all in evaluating the type of problem at hand. It’s apparently a “tough” one and a “hard” one. [New York Times]

* Thanks to the historic new Senate rules put into action last month, Patricia Ann Millett, the co-head of Akin Gump’s Supreme Court and national appellate practice group, has been confirmed to the D.C. Circuit. You go girl! [Post Politics / Washington Post]

* The Senate showdown isn’t quite over yet, folks. We could see another confirmation vote on Georgetown Law professor Nina Pillard’s nomination to the D.C. Circuit sometime today. [Blog of Legal Times]

* “We risk failure in having a profession that is as diverse as the country we serve.” OMG guys, the legal profession is bad at diversity. This is new information that no one’s heard before. [National Law Journal]

* Now that the recession is over, women are gaining their jobs back faster than all their male counterparts. Not to worry, guys — they’re still being paid 77 cents to every dollar a man earns. [Corporate Counsel]

* Here are the top five social media mishaps by lawyers and law students of 2013. If you value your career, you should really try not to do any of these embarrassing things during the new year. [Strategist / FindLaw]

There were things that I did in Ecuador in the foreign legal system that were I felt appropriate for the foreign legal system based on what I observed as an American lawyer. And there are things down there that, no, would not be appropriate here.

– Embattled plaintiffs’ lawyer Steven Donziger, defending himself against allegations of bribery, witness tampering, and fraud, in testimony yesterday in Chevron Corp. v. Donziger.

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