Lewis Roca Rothgerber

Oil and Water – How the Galveston Oil Spill Proved The Two Don’t Mix

The Galveston Bay oil spill occurred, coincidentally, on the 25th anniversary of Exxon Valdez oil spill in Prince William Sound, Alaska. The Exxon Valdez oil spill is now considered to be one of the worst environmental disasters…more

| Energy & Utilities, Environmental Law, Maritime Law, Toxic Torts

EPA Boiler Regulations Survive Challenge … For Now

The U.S. Court of Appeals for the D.C. Circuit issued its ruling in Utility Air Regulatory Group v. EPA yesterday. The court’s opinion upheld the EPA’s rules revising new source performance standards for steam generating units…more

| Administrative Law, Energy & Utilities, Environmental Law

NRDC and EEI Issue Joint Statement on Decoupling, Net Metering?

The Natural Resources Defense Council ??(“NRDC”) and the Edison Electric Institute?? (“EEI”) ?announced last week that they agree – in principle – that certain changes are needed to the rate ?structures of electric utilities…more

| Energy & Utilities

Arizona Corporation Commission Recognizes Changing Landscape of...

Over the past year, the Arizona Corporation Commission ("Commission") has begun to tailor certain of its regulations to more aptly fit the current landscape of the competitive telecommunications market. Although the changes…more

| Commercial Law & Contracts, Communications & Media Law, Energy &...

Is the Future Test Year History?

Is the Future Test Year History? Public Service Company of Colorado (PSCo), a subsidiary of Xcel Energy, awaits final ruling by the Colorado Public Utilities Commission (CPUC) on whether its proposed future test year will…more

| Administrative Law, Energy & Utilities

Federal Circuit Clarifies Standard for Recovery of eDiscovery Costs

As many recent litigants know, the costs of eDiscovery can be enormous. Therefore, the ability to recover those costs can have a significant impact on a company’s bottom line – from tens to hundreds of thousands of dollars. In a…more

| Civil Procedure, Civil Remedies, Electronic Discovery

Anti-Deficiency Protection Held Not to Extend to Vacant, Unimproved...

In a recent opinion, the Arizona Court of Appeals held that borrowers who obtained a loan secured by a vacant, unimproved residential lot are not protected from a deficiency judgment following a non-judicial trustee’s sale of…more

| Civil Procedure, Finance & Banking, Real Estate - Residential

Complete Versus Conflict Preemption In ERISA Cases

Both state and federal courts have original jurisdiction over ERISA benefits actions. See29 U.S.C. § 1132(e)(1), ERISA § 502(e)(1). But litigants (and defendants in particular) have historically preferred the federal courts,…more

| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor &...

Wyoming Again Takes the Lead in Fracking Regulation

Wyoming has once again taken the lead in the regulation of hydraulic fracturing, or as it is commonly referred to as "fracking". In response to Governor Matt Mead's Energy Strategy, the Wyoming Oil and Gas Conservation…more

| Energy & Utilities, Environmental Law

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