To: Kali Martin; Dan Galpern; John Birks; Koehn, Jonathan; Nelson Bonner, CPR Initiative
Subject: Hearing recording link and download
Date: Wednesday, November 2, 2022 10:39:27 AM
Attachments: Outlook-https bo.png
Good morning CPRI team! I hope you enjoyed your time in Boulder and are traveling safely today.
Thank you again for putting so much time and effort into the hearing. I was truly moved by the testimony and am very glad we were able to pull it off so successfully.
For your use, here is a link to the recording: 11-1-22 Boulder Climate Action Hearing (vimeo.com). If you want to download, there's a button below the video that should allow you to save the video file to your computer.
Let me know if you have any questions! Emily
Emily Sandoval Communication Specialist She/Her/Hers
C: 970-210-1225
Climate Initiatives Department
1101 Arapahoe | Boulder, CO 80302 Bouldercolorado.gov
To: "Jacob Smith (jsmith@cc4ca.org)"; Koehn, Jonathan
Subject: Connecting
Date: Tuesday, August 23, 2022 3:38:03 PM
External Sender
Dear Jacob,
Council member Tim Barns from Lafayette and I just got off the phone with Rep. Bernett and others who are starting to draft a CDR bill – Hansen/the CEO/Neguse/RMI have also been engaged in these discussions over the last several months. At some point with the leg or policy group, we would love to bring this forward to understand CC4CA’s policy support for carbon drawdown/carbon removal.
I am ccing Jonathan as well as I believe he is our policy chair. Thanks,
Susie
Susie Strife, PhD Pronouns: she, her, hers
Director of Sustainability, Climate Action & Resilience
Subject: US, EU Unveil Plans To Lessen Reliance On Russian Gas
External Sender
Date: Monday, March 28, 2022 2:20:12 AM
TOP NEWS
US, EU Unveil Plans To Lessen Reliance On Russian Gas
U.S. and European Union leaders on Friday unveiled joint plans to wean Europe off of Russian gas imports in light of the Ukraine invasion, including increased reliance on liquefied natural gas imports and speeding up clean energy development.
Biden Admin. Defends Revamped Nationwide Pipeline Permit The federal government on Friday asked a Montana judge to toss environmentalists' legal challenge to a nationwide Clean Water Act permit used to more easily facilitate pipeline projects, saying it fully complied with environmental laws in reviewing and issuing the permit.
Brief attached | Read full article »
Interior Unveils Offshore Wind Lease Auction For Carolinas The Biden administration on Friday announced it is moving forward with an auction of more than 110,000 acres for offshore wind development near the Carolinas, marking the government's latest effort to promote growth in the clean energy economy.
Analysis
Fed Rate Hikes Add Twists To Uncertain Debt Markets
The Federal Reserve's shift toward higher interest rates adds another wrinkle that could weigh on companies as the corporate debt market softens, although capital markets attorneys expect that many companies will still find borrowing conditions favorable.
New EPA Chief Rolls Back Trump-Era 'Sue And Settle' Memo The head of the U.S. Environmental Protection Agency has reversed measures introduced in 2017 that were intended to prevent lawsuit settlements that the Trump administration said often circumvent transparency standards.
Memorandum attached | Read full article »
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, major entities such as McKesson Corp., the state of Michigan and USA Gymnastics settled for millions of dollars in high-profile
COMPANIES IN TODAY'S NEWS
Activision Blizzard Inc. Amazon.com Inc.
American Bar Association American Civil Liberties Union American Petroleum Institute Inc. American Rivers Inc.
AmerisourceBergen Corp. Amneal Pharmaceuticals LLC Anda Inc.
CBS Interactive Inc. CITGO Petroleum Corp. CRA International Inc. Cable News Network Inc. Cardinal Health Inc.
Center for Biological Diversity CenterPoint Energy Inc.
Consolidated Edison Inc. Dealogic LLC
Environmental Defense Fund Inc. Epic Systems Corp.
FirstEnergy Corp. Fordham University Good Jobs First Google LLC
Impax Laboratories, Inc. Lazard Ltd.
McKesson Corp. Michigan State University Moelis & Co.
Morgan Stanley NBCUniversal Media LLC
NortonLifeLock Inc. Oswald Companies PG&E Corp.
Regents of the University of California
Rogers Communications Inc. Sempra Energy
Shaw Communications Inc. Sierra Club
Southwest Airlines Co. Southwest Gas Holdings Inc.
Teva Pharmaceutical Industries Ltd.
Trafigura Group Pte. Ltd. Twitter Inc.
United Services Automobile Association
Veolia Environnement SA Viking Cruises Inc.
Western Environmental Law Center
Workiva Inc. Yahoo Inc.
litigation involving opioids, lead-tainted water and sexual assault. Such cases and many others were led by a group of attorneys whose accomplishments helped them earn a spot on Law360's annual Titans of the Plaintiffs Bar for 2022. NATURAL GAS |
Chancery Fast-Tracks Hearing On Icahn Southwest Gas Offer A Southwest Gas stockholder got the nod from Delaware's chancellor on Friday for fast-tracked arguments — opposed by the company — on full release of company financial adviser reports that deemed activist investor Carl Icahn's original $75 per share tender offer "inadequate." Black Farming Community Challenges Ill. Gas Pipeline Community groups in a historically Black farming community in Illinois said Friday that Nicor Gas pipeline infrastructure approved for the area — despite the community having little interest in gas hookups — would destroy soil composition. Petition attached | Read full article » PETROLEUM |
Kirkland-Led Huntsman Beats Starboard At The Election Box Chemical manufacturer Huntsman, advised by Kirkland & Ellis, said Friday that it has staved off activist hedge fund Starboard Value, with shareholders voting to elect all 10 of the company's own director nominees. 5th Circ. Says Oil Dealers Due $4.5M For Cleanup Fees The federal government must refund $4.5 million in fees on crude oil exports to Texas commodities traders, the Fifth Circuit ruled, saying the Founding Fathers' ban on export taxes meant to further trade policy extends to environmental policy. Opinion attached | Read full article » UTILITIES & POWER |
Judge Snubs FirstEnergy Deal With Call For Depositions An Ohio federal judge has made it clear that he is not willing to play ball with a $180 million settlement of shareholder derivative litigation against FirstEnergy Corp., instead calling on the parties to conduct depositions in his courtroom. Order attached | Read full article » Mass. Power Plant Rebrands As Del. Ch. 11 Kicks Off A bankrupt Massachusetts power plant undertook a brand makeover Friday, as Footprint Power Salem Harbor Development LP used its first Chapter 11 court appearance to purge the "Footprint" out of its name, saying it was no longer allowed to use the moniker. 2 documents attached | Read full article » Texas Utility Can't Shake $5.8M Verdict Over Electric Fire A Texas appeals court backed a $5.83M judgment against CenterPoint Energy after a jury determined the utility's negligent maintenance of a transformer caused a fire that damaged an automotive upholstery company, finding that sufficient evidence backed the jury's decision. Opinion attached | Read full article » |
LAW FIRMS IN TODAY'S NEWS
Alston & Bird ArentFox Schiff Arnall Golden Arnold & Porter Baker Botts BakerHostetler Ballard Spahr Bernstein Litowitz
Blueprint Construction Counsel Brouse McDowell
Bush Seyferth Campbell Conroy Chamberlain Hrdlicka Choate Hall
Cohen Milstein Cooley LLP Covington & Burling
Cravath Swaine DLA Piper Davis Polk
Debevoise & Plimpton Earthjustice
Faegre Drinker Friedman Oster Gibson Dunn Giffen & Kaminski Goldman Scarlato Goodwin Procter Gupta Wessler Hagens Berman Harris Wiltshire Holland & Knight
Information Governance Group LLC
Joseph Saveri Law Firm Kellogg Hansen
Kirkland & Ellis Latham & Watkins
Law Offices of John C. Camillus Levy Konigsberg
Littler Mendelson Mayer Brown McDermott Will
The Puyallup Tribe of Indians and environmental groups have settled their claims in Washington federal court that a hydroelectric dam company would put vulnerable fish species at risk if it were allowed to reopen the dam's water intake system on the Puyallup River. Order attached | Read full article » Ex-Mich. Gov. Refuses To Testify On Flint Despite Court Order Former Michigan Gov. Rick Snyder told a federal judge Friday he will plead the Fifth Amendment in the Flint water crisis trial if called to testify despite a recent court order, setting up a probable appeal. RENEWABLES |
Contractors Drop $7.9M Lawsuit Over Battery Plant Work Two construction companies have decided to walk away from litigation over $7.9 million in allegedly unpaid pipe work done at an electric vehicle battery plant in Georgia, according to a joint motion for dismissal with prejudice Friday. Notice attached | Read full article » COAL |
METALS & MINING |
EU, Turkey Agree To Arbitrate Appeals In WTO Clashes With the World Trade Organization's Appellate Body shuttered, the European Union and Turkey have agreed to separately arbitrate two active disputes over steel and pharmaceuticals, according to WTO documents published Friday. 2 documents attached | Read full article » PEOPLE |
Holland & Knight Adds 2nd Jones Walker Atty This Month Holland & Knight LLP has lured away the second Jones Walker LLP partner in three weeks, the firm's new addition in Washington, strengthening its public policy and regulation practice, the firm announced Thursday. EXPERT ANALYSIS |
Emerging Economic Effects From Russia-Ukraine War While the full economic effects of Russia's invasion of Ukraine will only become clear with time, some of the geopolitical and financial consequences are already becoming apparent, such as a possible shift from the petrodollar, Russian debt default and investor asset recovery complications, say attorneys at King & Spalding. Preparing For New Mandatory Cyber Reporting Rules The requirements of a new federal law mandating cyber incident reporting for critical infrastructure will not become operational for several months, but affected companies should begin assessing whether their response plans incorporate critical policies and procedures to ensure compliance, say Steven Stransky at Thompson Hine and Lacy Rex at Oswald Companies. Bill attached | Read full article » 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less |
time exploring new opportunities and more time solving problems. Read full article »
Opinion
Ethics Principles Call For Justice Thomas Recusal On Election While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.
LEGAL INDUSTRY
Analysis
Wife's Election Texts Spur Recusal Calls For Justice Thomas New revelations that Virginia "Ginni" Thomas, the wife of U.S. Supreme Court Justice Clarence Thomas, pushed a top White House official to take steps to overturn the 2020 presidential election have sparked renewed calls for Justice Thomas's recusal in election-related matters and for the high court to adopt an ethics code.
Justice Thomas Released From Hospital
U.S. Supreme Court Justice Clarence Thomas was discharged Friday from the hospital where he was being treated for an infection for the past week, a court official said.
Analysis
Where Jackson's Senate Support Stands After Hearings Judge Ketanji Brown Jackson emerged from the marathon U.S. Supreme Court confirmation hearings with solidified Democratic support for her nomination but with uncertainty over whether she would receive any yes votes from Republicans.
45 Years Spent Sketching Justices Draws To A Close
For most people working at the U.S. Supreme Court, legal briefs and law books are the tools of the trade. For Art Lien, it's pencils and watercolors. Read full article »
Analysis
Up Next At High Court: A Big Week For Employer Liability In each of the four cases set to be argued in the U.S. Supreme Court this week, private and public employers are defending against civil lawsuits
brought by former employees — but the legal issues run the gamut from the enforceability of arbitration agreements to the scope of rail worker safety rules.
4 Firms Raise Associate Pay, But 1 Bucks The Bandwagon Three law firms have joined the bandwagon in matching the Cravath Swaine & Moore LLP scale for associate pay, while Brown Rudnick LLP also raised associate salaries but to a lesser scale, Law360 Pulse learned on Friday.
Analysis
Rare Trial Over Law Firm Hack To Shed Light On Industry Risk
Milbank LLP Morgan Lewis Morris James Morris Nichols Morrison & Foerster Norton Rose Nossaman LLP O'Melveny & Myers Panish Shea
Paul Weiss Pillsbury Winthrop Plunkett Cooney Quinn Emanuel Robbins Geller Saxena White Seyfarth Shaw Simmons Hanly Simpson Thacher Skadden Arps Spencer Fane
Steptoe & Johnson LLP Thompson Hine
Wagstaffe von Loewenfeldt Warden Grier
Warner Norcross Weil Gotshal White and Williams WilmerHale
GOVERNMENT AGENCIES IN TODAY'S NEWS
Bureau of Ocean Energy Management
California Supreme Court Chicago Department of Aviation Delaware Court of Chancery Energy Information Administration
Equal Employment Opportunity Commission
European Commission European Union
Executive Office of the President Federal Bureau of Investigation
Federal Communications Commission
Federal Reserve System Federal Trade Commission
Financial Crimes Enforcement Network
A trial set to start Monday in Kansas City, Missouri, will offer a rare behind- the-scenes look at one law firm's allegedly faulty response to a data breach in what experts say could serve as a wake-up call for an industry increasingly at risk of cyberattacks. 'Next Generation' Bar Exam To Focus On Lawyering Skills The National Conference of Bar Examiners is asking the legal industry to chime in on a new, "reimagined" version of the bar exam, set to launch in 2026. How To Balance 'Cause Lawyering' And Client Needs People who wear hats of both attorney and advocate must balance several interests in helping clients and a broader cause, according to leading lawyers in the push for obtaining rights for people with disabilities. GC Cheat Sheet: The Hottest Corporate News Of The Week The Federal Trade Commission lost its bid to show drug companies were engaging in monopolistic behavior when one paid another to delay producing a competing drug, and federal prosecutors have accused a group of state- sponsored Russian hackers of targeting the world's energy sector for attacks. In Case You Missed It: Hottest Firms And Stories On Law360 For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Podcast Pro Say: What We Learned About Ketanji Brown Jackson Judge Ketanji Brown Jackson was on Capitol Hill this week, making her bid to become the first black woman seated on the U.S. Supreme Court and facing the kind of partisan theatrics that have become standard for high court confirmations in recent years. | |
JOBS Search full listings or advertise your job opening | |
Hunton Andrews Kurth LLP | Black & Veatch - Diode Ventures |
Los Angeles, California | -, - |
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New York City, New York | New York, New York |
Harris Beach PLLC | |
Albany, New York | |
Illinois General Assembly Internal Revenue Service
National Institute of Standards and Technology
National Marine Fisheries Service National Security Council Puyallup Tribe of Indians
Texas Department of Public Safety Texas Supreme Court
U.S. Attorney's Office for the District of Montana
U.S. Bankruptcy Court for the District of Delaware
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Department of the Interior
U.S. Department of the Treasury
U.S. District Court for the Central District of Illinois
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Missouri
U.S. District Court for the Western District of Washington
U.S. Environmental Protection Agency
U.S. Securities and Exchange Commission
U.S. Supreme Court United Nations
United States District Court for the District of Montana
United States District Court for the Northern District of Ohio
United States District Court for the Southern District of Ohio
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Subject: NBI is celebrating 25 years!
Date: Thursday, August 25, 2022 4:50:27 PM
External Sender
As part of our ongoing celebration of 25 years of market transformation, CEO Ralph DiNola shared his thoughts about the current state of the organization, the strategic vision that drives our work, and the optimism of leading the charge for a decarbonized future.
The future we seek: equitable and resilient buildings and communities
For more than 25 years, New Buildings Institute (NBI) has worked collaboratively with industry market actors to promote advanced design practices, innovative technologies, public policies, and programs that improve energy efficiency and reduce emissions from the built environment. Our collective work helped spark broad coalitions that are advancing game-changing technologies such as heat pump water heaters, metrics
for grid-interactive buildings of the future, climate-aligned building codes, carbon neutral, resilient school buildings, low-carbon financing specifications, and much more.
As we look toward the future, we’re squarely focused on ensuring buildings play a key role in keeping global temperature rise to less than 1.5 degrees Celsius above pre- industrial levels by 2030. To avert the worst effects of climate change, our total emissions must be cut in half by 2030. This fundamental shift requires that all industries using energy to operate their buildings and manufacture and transport goods make significant changes—and quickly, according to the Intergovernmental Panel on Climate Change.
For NBI, equitable, clean, and resilient buildings and communities are part of a critical path for addressing climate change. We have our work cut out for us. But looking back on the progress we have made alongside our partners and clients over the last 25 years gives us optimism for the future.
Check out the NBI historical timeline.
Learn more about the history of the organization and impacts we have made along the way in our historical timeline, including the recent move into PAE's Living Building in downtown Portland, Oregon. Photo Credit: Lara Swimmer
New Buildings Institute | 151 SW 1st Avenue, Portland, OR 97204
Unsubscribe energyfuture@bouldercolorado.gov Update Profile | Constant Contact Data Notice Sent by connie@newbuildings.org
Subject: 3 Things To Watch At High Court Wetlands Oral Arguments
External Sender
Date: Monday, October 3, 2022 2:21:16 AM
SUPREME COURT
3 Things To Watch At High Court Wetlands Oral Arguments The federal government's ability to regulate and require permits under the Clean Water Act will hang in the balance Monday as the U.S. Supreme Court hears arguments from landowners and business groups pushing for a narrow statutory interpretation and the government and environmentalists seeking more expansive authority.
Analysis
The 5 Biggest Cases This Supreme Court Term
The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch.
No Signs Of Supreme Court's Conservatives Slowing Down The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.
How Well Do You Know Supreme Court History?
As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10- question quiz about the court.
Podcast
Law360's The Term: A New Normal For The Supreme Court? As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, the fallout from last term's Dobbs decision and its leaked draft is still reverberating. And while pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court.
LAW FIRMS IN TODAY'S NEWS
Appalachian Mountain Advocates Archer Attorneys at Law ArentFox Schiff
Arnold & Porter Babst Calland Bailey & Glasser Balestriere Fariello Ballard Spahr Brown Rudnick
CMS Cameron McKenna Nabarro Olswang
Cooper & Kirk Covington & Burling Crowell & Moring DLA Piper
Dewey & LeBoeuf Dunnington Bartholow Dykema
Edmonds Marshall McMahon Ellenoff Grossman
Fenwick & West Fieldfisher Foley Hoag Foot Anstey
Gibson Dunn Gilbert LLP Goodwin Procter Greenberg Traurig Greenspoon Marder
Herbert Smith Freehills Hogan Lovells
James D. Bradbury PLLC Jones Day
Kellogg Hansen Kennedys Law LLP Kirkland & Ellis Kirsch & Niehaus
Kobre & Kim Kreindler & Kreindler
Lankler Siffert Latham & Watkins Lathrop GPM McGinnis Lochridge
Morrison Foerster Moses & Singer
Ogletree Deakins Osborne Clarke Perales Allmon Perkins Coie Phillips Lytle Pinsent Masons Potter Anderson Powell Gilbert LLP Quinn Emanuel
Shoosmiths LLP Silverman Thompson
Simmons & Simmons Skadden Arps
Justice Ketanji Brown Jackson Takes Bench, Makes History Justice Ketanji Brown Jackson received her official commission Friday in a ceremony attended by President Joe Biden and Vice President Kamala Harris, becoming the first Black female justice to take the nation's top bench in its 230-year history. TOP NEWS |
EPA Releases Superfund Environmental Justice Guidance The U.S. Environmental Protection Agency on Friday published a plan to more fully integrate environmental justice considerations into its Superfund program, from compliance to rulemaking and permitting. 1 document attached | Read full article » 10th Circ. Returns $464M Dam Project Fight To District Court The Tenth Circuit on Friday sent back to a U.S. district court the Sierra Club and other groups' challenge to the $464 million expansion of a Denver hydroelectric dam, saying the fight doesn't belong in an appeals court merely because the project has a Federal Energy Regulatory Commission license. Opinion attached | Read full article » Napa Winery Hits Ch. 11 After Wildfire Damages Vineyard A Napa Valley winery has hit Chapter 11, saying in initial filings to a California bankruptcy court that its debts exceed $100 million a year after a wildfire devastated the vineyard. Petition attached | Read full article » Texas Court Gives Green Light to Enviro Agency Plant Permit A state environmental agency's order granting a permit for a proposed rock- crushing plant outside of San Antonio is supported by evidence that shows the emissions of crystalline silica won't cause negative health effects, a Texas appellate court has ruled. Opinion attached | Read full article » CoreLogic Puts Ian Storm Damages Between $28B And $47B Hurricane Ian's devastating cost in Florida could amount to between $28 billion and $47 billion, the analytics company CoreLogic estimated, with most losses coming from wind damage to commercial and residential properties. LITIGATION |
Fed. Circ. Lets IP Row Stay In Texas, Citing Remote Workers In a split ruling, the Federal Circuit on Friday affirmed U.S. District Judge Alan Albright's decision to keep a patent lawsuit against a chip company in his Waco courtroom, based on the presence of four remotely working employees who live in Texas. Order attached | Read full article » Energy Cos. Pin Duty On W.Va. In Unplugged Wells Suit Two major energy companies argued that they aren't responsible for plugging allegedly abandoned gas wells that a proposed class of landowners say are burdening their properties, urging the West Virginia federal court to throw the claims out for being at odds with state law. 3 documents attached | Read full article » Atty In Radioactive Waste Suit DQ'd Over Prior Landfill Work A Missouri federal judge has ruled that a St. Louis-area attorney's prior work on behalf of a local landfill barred him from representing a group of residents in a lawsuit over alleged radioactive contamination from the site. |
Stephens Scown Stephenson Harwood Swartz Swidler Sweeney Scharkey TLT LLP
Tarasi & Tarasi Taylor Wessing
The Cooper Law Firm Troutman Pepper Venable LLP Wachtell Lipton Whiteford Taylor Wiggin LLP
Wiggin and Dana Wilson Sonsini gunnercooke LLP
COMPANIES IN TODAY'S NEWS
ABB Asea Brown Boveri Ltd. AECOM
Abercrombie & Fitch Co. Aldi GmbH & Co. KG Alliance Defending Freedom Apple Inc.
Association of American Railroads Association of Corporate Counsel Barings LLC
Cable News Network Inc. Caterpillar Inc.
Center for Biological Diversity Chevron Corp.
DHL International GmbH Deere & Co.
Duke Energy Corp. Duquesne University EQT Corp.
Faraday & Future Inc. Ford Motor Co.
George Washington University Getty Images Inc.
Glencore Xstrata PLC Google LLC
HSBC Holdings PLC Harvard University JAMS Inc.
Order attached | Read full article » Landowners Seek Cert Again In Unpaid Gas Storage Suit A Pennsylvania landowner asked a federal court to again certify a class action against a natural gas producer accused of storing gas below neighbors' properties without payment, less than two months after the Third Circuit scrapped an initial certification. Motion attached | Read full article » UK Litigation Roundup: Here's What You Missed In London The past week in London has seen German software company Topalsson face a breach of contract claim from law firm CMS, Pfizer and BioNTech look for the cure to their patent woes in a claim against Moderna, and Alaska Airlines ready for departure in a commercial contracts claim against Virgin Aviation. Here, Law360 looks at these and other new claims in the U.K. DEALS |
SPAC Cancels Merger Plans With Chinese Automaker Chijet A special-purpose acquisition company that was set to acquire and take public Chinese automaker Chijet Motor Co. at a valuation of $2.55 billion has terminated merger plans, according to a securities filing Friday. EXPERT ANALYSIS |
EPA Microfiber Pollution Report Sets Stage For Regulation A new U.S. Environmental Protection Agency draft report that cites the textile and fashion industries as the leading sources of microfiber pollution may lay the groundwork for future regulation, making it increasingly important for companies to monitor how the government defines and handles microfibers, say Byron Brown and Preetha Chakrabarti at Crowell & Moring. How Crypto Miners Can Support A Cleaner Energy System While cryptocurrency mining uses enormous amounts of energy, the industry is aware of the need to reduce its carbon footprint — and positive practices such as decarbonizing power grids and supporting dispatchable supply can allow it to do so, say Dennis Elsenbeck and David Flynn at Phillips Lytle. 13 Cognitive Distortions That Plague Defense Witnesses In civil litigation, witnesses exhibiting negative thought patterns can spell trouble — so defense counsel should familiarize themselves with the most common cognitive distortions that can cripple their witnesses' testimony, and try to intervene to help reframe their perceptions, say Bill Kanasky Jr. and Steve Wood at Courtroom Sciences. Series Keys To A 9-0 High Court Win: Practicality Over Perfection When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter. Opinion attached | Read full article » |
LEGAL INDUSTRY
Ex-Dewey CFO To Pay $95K To End SEC Civil Fraud Suit Dewey & LeBoeuf LLP's former chief financial officer has agreed to pay about $95,000 to end the U.S. Securities and Exchange Commission's suit over an alleged scheme to con banks and insurer-investors out of $250 million to keep the doomed firm afloat, the commission said in a request for final approval of the deal Friday.
DOJ Seeks Quick Appeal Of Mar-A-Lago Special Master Order The U.S. Department of Justice asked the Eleventh Circuit on Friday to expedite review of a Florida federal judge's decision to appoint a special master to screen documents seized by the FBI from former President Donald Trump's Mar-a-Lago estate for attorney-client and executive privilege.
Congress Passes Stopgap Funding Bill With Judicial Security The U.S. House passed legislation Friday to fund the federal government through mid-December, including a boost in outlays for security at U.S. courthouses and the federal judiciary.
Senate Judiciary Plans October Nominations Hearing
The Senate Judiciary Committee will hold a nominations hearing in October, giving Senate Democrats a chance to process several additional judicial picks this year even though the chamber will not take any votes until after the midterm elections.
Pennsylvania Chief Supreme Court Justice Max Baer Dies
Max Baer, the chief justice of the Supreme Court of Pennsylvania, died at his Pittsburgh-area home Friday night at 74, the court announced Saturday.
Foley Hoag Must Pay Expert $92K For Testimony, Jury Finds Foley Hoag LLP must pay $92,000 to a Mexico City attorney who was hired by the firm as an expert witness but was never paid, a jury has ruled after a three-day trial in Washington, D.C., Superior Court.
Unsealed Ruling Blasts Kreindler & Kreindler For 9/11 Leak The New York magistrate judge overseeing much of the multidistrict litigation over the 9/11 terror attacks has unsealed her previous decision sanctioning Kreindler & Kreindler LLP and its former consultant over the leak of a deposition from the MDL, removing the firm from the plaintiffs' executive committees after nearly two decades.
Ex-Bankruptcy Judge Sontchi To Referee Twitter Trial Prep Delaware's chancellor appointed retired U.S. Bankruptcy Court Judge Christopher S. Sontchi on Friday to serve as a special master for remaining discovery disputes between Elon Musk and Twitter Inc. in Twitter's suit to force the Tesla Inc. CEO to close on a $44 billion offer for the social media giant.
Q&A
From Refugee To Bar Prez, IP Atty Is 'Voice To The Community'
Nearly a half-century after fleeing Vietnam following the fall of
Marks & Spencer Meta Platforms Inc.
Monolithic Power Systems, Inc.
NAACP Legal Defense and Educational Fund Inc.
National Association for the Advancement of Colored People
Northern Trust Corp. Oracle Corp.
Paramount Global Pennsylvania Bar Association Pfizer Inc.
PricewaterhouseCoopers LLP Puma SE
Punjab National Bank RLI Corp.
Regents of the University of California
Republic Services Inc. Sierra Club
Sirius International Insurance Group Ltd.
Spotify Technology SA Standard Chartered PLC StoneTurn Group LLP Syngenta AG
Texas Instruments Inc. TikTok Inc.
Valor Equity Partners LP Virgin America Inc.
Vital Pharmaceuticals Washington Post Co. Yahoo Inc.
GOVERNMENT AGENCIES IN TODAY'S NEWS
California Environmental Protection Agency
Commodity Futures Trading Commission
Equal Employment Opportunity Commission
Executive Office of the President Federal Bureau of Investigation Federal Energy Regulatory
Saigon, Greenberg Traurig LLP shareholder Chinh Pham has kicked off a one-year term as president of the Boston Bar Association, becoming the first Asian American to hold the post as he looks to push forward diversity, equity and inclusion initiatives.
Atty's Offer To Playboy Dancer Doesn't Make Her An Employee A London tribunal ruled that a Playboy casino dancer offered work as a personal assistant by a consultant solicitor was not employed by his firm, dismissing her bid to force the London boutique to pay her the salary he had promised.
'Serial Liar' Or FBI Briber? Jury To Weigh Ex-Atty's Testimony Ex-FBI agent Babak Broumand accepted cash, escorts and a Ducati bike from a since-disbarred attorney in exchange for sharing restricted information, federal prosecutors told a California jury during closing statements on Friday while defense counsel maintained the attorney — the government's star witness — is a "serial liar" who can't be trusted.
Gov't Asks Judge To Limit Navarro Contempt Defenses At Trial
Prosecutors have asked a D.C. federal judge to prohibit former Trump White House trade adviser Peter Navarro from arguing executive privilege as a defense or politicizing an upcoming jury trial on charges he defied a congressional subpoena related to the Jan. 6, 2021, attack on the U.S. Capitol.
Redgrave Wants Ex-Atty's Suit Over Arbitration Row Tossed Redgrave LLP has asked a California federal judge to ax a suit from a former partner seeking to avoid arbitrating claims for unpaid bonuses and back pay, arguing that a separate suit the firm filed to force arbitration took precedence.
Ex-Rutgers Law Fundraising Exec Launches Equal Pay Suit
A former law school fundraising executive has slammed Rutgers University with a gender discrimination and equal pay lawsuit in New Jersey state court alleging she was improperly paid less than a male counterpart and ultimately fired for complaining about the inequitable treatment.
Yale Law Students' Retaliation Suit Reduced To One Claim
A Connecticut federal judge has tossed all but one claim brought by two Yale Law School students alleging school administrators retaliated against them for not helping with an investigation into a professor.
GC Cheat Sheet: The Hottest Corporate News Of The Week Lawmakers said they won't give up on enacting a federal data privacy bill this year, and experts said general counsel should use the U.S. Department of Justice's new corporate crime posture to educate stakeholders about the importance of investing in the compliance function. These are some of the stories in corporate legal news you may have missed in the past week.
In Case You Missed It: Hottest Firms And Stories On Law360 For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.
Podcast
Judicial Conference of the United States
Morongo Band of Mission Indians
National Archives and Records Administration
Oneida Tribe of Indians of Wisconsin
Pennsylvania Attorney General's Office
Pennsylvania Supreme Court Texas Attorney General's Office
Texas Commission on Environmental Quality
U.S. Attorney's Office for the Central District of California
U.S. Attorney's Office for the Southern District of Florida
U.S. Bankruptcy Court for the Northern District of California
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Subject: Memo for agenda item 2J - July 14, 2022 meeting Date: Monday, July 11, 2022 3:13:06 PM Attachments: Item 2J - IGA for participation in BCROC.pdf
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Good afternoon City Council members and Hotline readers,
A new consent item has been added to the July 14, 2022 city council meeting agenda, regarding an intergovernmental agreement (IGA) between the City of Boulder and the Boulder County Regional Opioid Council (BCROC). This agreement will foster strategic use of opioid settlement funding allocated through the state to county regions, through collaboration between Boulder County government and local municipalities.
Attached is the council memo accompanying this agenda item. The memo has also been added to the council packet for Thursday’s meeting.
Thank you for your attention, and please let me know if you have any questions. Sincerely,
Elizabeth
Elizabeth Crowe Deputy Director
(303) 441-1928
PO Box 791 | Boulder, CO 80302 Bouldercolorado.gov
CITY COUNCIL AGENDA ITEM MEETING DATE: July 14, 2022
AGENDA TITLE: Consideration of a motion to approve an intergovernmental agreement for the city’s participation in the Boulder County Regional Opioid Council
PRESENTER:
Elizabeth Crowe, Deputy Director, Housing and Human Services (HHS)
EXECUTIVE SUMMARY
In 2021, national legal settlements were reached with opioid distributors to resolve claims by state and local governments for the distributors’ contributions to the opioid epidemic. The Colorado Opioids Settlement Memorandum of Understanding (MOU) provides a framework for distributing and sharing these settlement proceeds throughout Colorado.
In Boulder County, county government and municipalities in Boulder County have drafted an intergovernmental agreement (IGA) creating the Boulder County Region Opioid Council (BCROC), which consists of representatives from each participating local government. The BCROC role is to oversee procedures leading to allocation of opioid settlement funds for our region.
For the IGA to be enacted, formalizing the city’s role in the BCROC, city council must approve the IGA.
STAFF RECOMMENDATION
Staff requests that council consideration of this matter and action in the form of the following motion:
Motion to approve the Boulder County Region Opioid Council Intergovernmental Agreement, confirming the City of Boulder participation in the Council.
BACKGROUND
On August 26, 2021, Colorado Attorney General Weiser signed the Colorado Opioid Settlement Memorandum of Understanding, laying out the process by which Colorado’s share of national
legal settlement funds with the “Big Three” opioid distribution companies – McKesson, Cardinal Health, AmerisourceBergen, and Johnson & Johnson – can be allocated statewide. Funds will be distributed through county regions and participating local governments. According to the MOU, each region must create its own regional council; a region may not receive is share of opioid settlement funds until its council is in place.
The Boulder County region has chosen to form the Boulder County Regional Opioid Council made up of Boulder County and local municipal governments within Boulder County. The BCROC is comprised of representatives of all participating local governments; the city’s representative is our City Manager. Each BCROC participating local government must determine whether to directly receive its own opioid funds (to opt-in for funding), or instead pool its funds with other participating local governments for regional allocation (to opt-out). City of Boulder staff have determined that pooling our opioid fund allocation with that of the county and other municipalities’ funds, will enable strategic allocation of funds for the greatest positive community impact.
The BCROC also calls for creation of an Operations Board, comprised of members from government agencies and other stakeholder groups and populations. This Board, which first convened in April 2022, is responsible for compiling and vetting programs or projects that may be supported with opioid funds, and making funding recommendations to the BCROC. Programs and projects to be supported by the opioid funds, may include those addressing substance prevention, harm reduction, treatment, or recovery. City of Boulder HHS staff have a seat on the Board, and also access updates about Operations Board discussions through collaborative mental and behavioral health and substance use prevention networks.
Each BCROC participating local government is required to approve and submit a signed IGA, in order to formalize the BCROC and enable the Boulder County region to receive its share of the state opioid funds.
NEXT STEPS
With council approval, staff will provide a signed IGA to Boulder County and join the BCROC. City manager Nuria Rivera-Vandermyde will serve as the city’s representative on the BCROC, and HHS staff will serve as administrative point of contact, and on the Boulder County Opioid Operations Board.
ATTACHMENTS
Colorado Opioids Settlement Memorandum of Understanding
Final draft Boulder County Regional Opioid Council Intergovernmental Agreement
COLORADO OPIOIDS SETTLEMENT MFMtORANDlM OF UNDERSTANDING ("MOU")
Thursday, August 26, 2021
August 25, 2021 Attorney General version
Definitions
As used in this MOU:
"Approved Purpose(s)" shall mean forward-looking strategies, programming, and services to abate the opioid epidemic as identified by the terms of any Settlement. If a Settlement is silent on Approved Purpose(s), then Approved Purpose(s) shall mean those forward-looking strategies to abate the opioid epidemic identified in Exhibit A or any supplemental forward-looking abatement strategies added to Exhibit A by the Abatement Council. Consistent with the terms of any Settlement, "Approved Purposes" shall also include the reasonable administrative costs associated with overseeing and administering Opioid Funds from each of the four (4) Shares described in Section (B)(2). Reimbursement by the State or Local Governments for past expenses are not Approved Purpose(s). "Approved Purposes" shall include attorneys' fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below.
"County Area" shall mean a county in the State of Colorado plus the Local Governments, or portion of any Local Government, within that county.
"Effective Date" shall mean the date on which a court of competent jurisdiction, including any bankruptcy court, enters the first Settlement by order or consent decree. The Parties anticipate that more than one Settlement will be administered according to the terms of this MOU, but that the first entered Settlement will trigger the formation of the Abatement Council in Section (C) and the Regional Councils in Section (F)(5).1
"General Abatement Fund Council," or "Abatement Council," shall have the meaning described in Section (C), below.
1 For the avoidance of doubt, the McKinsey Settlement and any other Settlement that precedes the finalization of drafting this MOU are not considered a trigger for purposes of the calculation of"Effective Date."
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"Local Government(s)" shall mean all counties in the State of Colorado and the municipalities, towns, and county and city municipal corporations that are listed in Exhibit B.
"National Opioid Settlement Administrative Fund" shall mean any fund identified by a Settlement for the national distribution of Opioid Funds.
"Opioid Funds" shall mean damage awards obtained through a Settlement.
"Opioid Settling Defendant" shall mean any person or entity, or its affiliates, that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of licit opioids.
"Participating Local Government(s)" shall mean all Local Governments that sign this MOU, and if required under terms of a particular Settlement, who have executed a release of claims with the Opioid Settlement Defendant(s). For the avoidance of doubt, a Local Government must sign this MOU to become a "Participating Local Government." Local Governments may designate the appropriate individual from their entity to sign the MOU.
l 0. "Party" or "Parties" shall mean the State and/or Participating Local Government(s).
"Qualified Settlement Fund Account," or "QSF Account," shall mean an account set up as a qualified settlement fund, 468b fund, as authorized by Treasury Regulations l.468B- l (c) (26 CFR §l.468B- l ).
"Regional Council" shall have the meaning described in Section (F)(5), below.
"Settlement" shall mean the negotiated resolution of legal or equitable claims against an Opioid Settling Defendant when that resolution has been jointly entered into by the State and the Participating Local Governments, or by any individual Party or collection of Parties that opt to subject their Settlement to this MOU. Unless otherwise directed by an order from a United States Bankruptcy Court, "Settlement" shall also include distributions from any liquidation under Chapter 7 of the United States Bankruptcy Code or confirmed plan under Chapter 11 of the United States Bankruptcy Code that treats the claims of the State and Local Governments against an Opioid Settling Defendant.
"The State" shall mean the State of Colorado acting through its Attorney General and the Colorado Department of Law.
Allocation of Settlement Proceeds
All Opioid Funds shall be held in accordance with the terms of any Settlement. If a Settlement allows Opioid Funds to be held in a National Opioid Settlement Administrative Fund, then Opioid Funds shall be held in such National Opioid Settlement Administrative Fund. If a Settlement does not allow for Opioid Funds
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to be held in a National Opioid Settlement Administrative Fund, Opioid Funds shall be held in a Colorado-specific QSF Account or, under the following limited circumstances, in the State's Custodial Account: 1) if at the time of a Settlement,
a Colorado-specific QSF Account is not yet established, although in such case, the Opioid Funds shall be transferred to the Colorado-specific QSF Account once it is established or 2) where the Abatement Fund Council determines Opioids Funds cannot be legally held in a Colorado-specific QSF Account. Regardless of whether Opioid Funds are held in a National Administrative Fund, a Colorado specific QSF Account, or in the State's Custodial Account, the Abatement
Council shall appoint one of its members to serve as the point of contact in accordance Section (C)(4)(b)(i), below.
All Opioid Funds, at the time of a Settlement or at the time designated in the Settlement documents, shall be divided and distributed as follows:2
10% directly to the State ("State Share") for Approved Purposes in accordance with Section (D), below;
20% directly to Participating Local Governments ("LG Share") for Approved Purposes in accordance with Section (E), below;
60% directly to Regions ("Regional Share") for Approved Purposes in accordance with Section (F), below; and
10% to specific abatement infrastructure projects ("Statewide Infrastructure Share") for Approved Purposes in accordance with Section (G), below.
Distribution of the Shares in Section B(2)(a) - (d) shall be direct, meaning that funds held in accordance with Section B(1) shall be disbursed directly to the State, Participating Local Governments, Regions, and the Statewide Infrastructure Share according to the terms of this MOU.
All Opioid Funds, regardless of allocation, shall be used for Approved Purposes.
Participating Local Governments may elect to share, pool, or collaborate with their respective allocation of the LG or Regional Shares in any manner they choose, so long as such sharing, pooling, or collaboration is used for Approved Purposes and complies with the terms of this MOU and any Settlement.
General Abatement Fund Council
A General Abatement Fund Council (the "Abatement Council"), consisting of representatives appointed by the State and Participating Local Governments, shall
2 This MOU treats multi-county health departments as county health departments for purposes of allocation and distribution of abatement proceeds and therefore multi-county health departments shall not receive any Opioid Funds directly. Third-Party Payors ("TPPs") are not Parties to this MOU.
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be created to ensure the distribution of Opioid Funds complies with the terms of any Settlement and to provide oversight of the Opioid Funds in accordance with the terms of this MOU.
Membership: The Abatement Council shall consist of the following thirteen (13) members, who shall serve in their official capacity only.
State Members: Seven (7) members shall be appointed by the State, as authorized volunteers of the State, as follows:
A Chair to serve as a non-voting member, except in the event of a tie;
Two (2) members who are licensed professionals with significant experience in substance use disorders;
Three (3) members who are professionals with significant experience in prevention, education, recovery, treatment, criminal justice, rural public health issues, or government administration related to substance use disorders; and
One (1) member or family member affected directly by the opioid cns1s.
Local Government Members: Six (6) members shall be appointed by the Participating Local Governments. Local Government Members shall be a County Commissioner, Mayor, City or Town Council Member, or a professional with significant experience in prevention, education, recovery, treatment, criminal justice, rural public health issues, or governmental administration related to substance use disorders. A Participating Local Government may determine which Local Government Members are eligible (or ineligible) to serve on the General Abatement Fund Council. County Commissioners, City or Town Council Members, and/or Mayors from the Regions identified in Exhibit C shall collaborate to appoint Local Government Members as follows:
Two (2) Members from Regions 1, 5, 13, 14, 15, 17, 18;
Two (2) Members from Regions 2, 6, 7, 8, 9, 10, 11, 12, 16; and
Two (2) Members from Regions 3, 4, 19.
Terms: The Abatement Council shall be established within ninety (90) days of the Effective Date. In order to do so, within sixty (60) days of the Effective Date, the State shall appoint the State Members in accordance with Section (C)(2)(a), and after conferral with the Local Governments, CCI and CML shall jointly appoint six (6) Local Government Members for an initial term not to exceed one year. Thereafter, Members shall be
4
appointed in accordance with this Section and Sections (C)(2)(a) and (b) and may serve no more than two (2) consecutive two-year terms, for a total of four (4) consecutive years. Except that, beginning in the second year only, two (2) State Members and two (2) Local Government members shall be appointed for a three-year term and may serve one consecutive two-year term thereafter. The Chair shall have no term but may be replaced at the State's discretion.
If a State or Local Government Member resigns or is otherwise removed from the Abatement Council prior to the expiration of their tenn, a replacement Member shall be appointed within sixty
(60) days in accordance with Sections (C)(2)(a) and (b).
If a Local Government Member vacancy exists for more than sixty
(60) days, the State shall appoint a replacement Local Government Member to serve until the vacancy is filled in accordance with Section (C)(2)(b).
Duties: The Abatement Council is primarily responsible for ensuring that the distribution of Opioid Funds complies with the terms of this MOU. The Abatement Council is also responsible for oversight of Opioid Funds from the Regional Share in accordance with Section (F), below, and for developing processes and procedures for the distribution and oversight of Opioid Funds from the Statewide Infrastructure Share in accordance with Section (G) below.
Governance: The Abatement Council shall draft its own bylaws or other governing documents, which must include appropriate conflict of interest and dispute resolution provisions, in accordance with the terms of this MOU and the following principles:
Authority: The Abatement Council does not have rulemaking authority. The terms of this MOU and any Settlement, as entered by any court of competent jurisdiction, including any bankruptcy court, control the authority of the Abatement Council and the Abatement Council shall not stray outside the bounds of the authority and power vested by this MOU and any Settlement.
Administration: The Abatement Council shall be responsible for an accounting of all Opioid Funds. The Abatement Council shall be responsible for releasing Opioid Funds in accordance with Section (B)(l) for the Regional and Statewide Infrastructure Shares in Sections (B)(2)(c) and (d) and shall develop policies and procedures for the release and oversight of such funds in accordance with Sections (F) and (G). Should the Abatement Council require assistance with providing an accounting of Opioid Funds, it may seek assistance from the State.
The Abatement Council shall appoint one of its members to serve as a point of contact for the purpose of communicating with the entity holding Opioid Funds in accordance with Section (B)(l) and in that role shall only act as directed by the Abatement Council.
Transparency: The Abatement Council shall operate with all reasonable transparency and operate in a manner consistent with all Colorado laws relating to open records and meetings regardless of whether the Abatement Council is otherwise obligated to comply with them.
The Abatement Council shall develop a centralized public dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds in accordance with Sections (O)-(G).
The Abatement Council may also require outcome related data from any Party or Regional Council that receives Opioid Funds in accordance with Sections (O)-(G) and may publish such outcome related data in the centralized public dashboard or other repository described above. In determining which outcome related data may be required, the Abatement Council shall work with all Parties and Regional Councils to identify appropriate data sets and develop reasonable procedures for collecting such data sets so that the administrative burden does not outweigh the benefit of producing such outcome related data.
For purposes of funding the centralized public dashboard or other repository described above, the Abatement Council shall make good faith efforts to seek funding from outside sources first, otherwise the State shall provide such funding.
Collaboration: The Abatement Council shall facilitate collaboration between the State, Participating Local Governments, Regional Councils, and other stakeholders for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado.
Decision Making: The Abatement Council shall seek to make all decisions by consensus. In the event consensus cannot be achieved, unless otherwise required in this MOU, the Abatement Council shall make decisions by a majority vote of its Members. The Chair shall only vote in the event of a tie.
Due Process: The Abatement Council shall develop the due process procedures required by Section (G)(3)(d) for Parties to dispute or challenge remedial actions taken by the Abatement Council for Opioid Funds from the Statewide Infrastructure Share. The Abatement Council
shall also abide by the due process principles required by Section (F)(12)
(13) for Regions to dispute or challenge remedial actions taken by the Abatement Council for Opioid Funds from the Regional Share.
Legal Status: The Abatement Council shall not constitute a separate legal entity.
Legal Representation: To the extent permitted by law, the State shall provide legal counsel to State Members for all legal issues arising from those State Members' work on the Abatement Council. At all times, Local Government Members of the Abatement Council are entitled to receive legal representation from their respective governmental entities. In the event of a conflict, the Abatement Council and its members may retain the services of other legal counsel.
1. Compensation: No member of the Abatement Council shall be compensated for their work related to the Abatement Council.
State Share
In accordance with Sections (B)(l) and (B)(2)(a), and the terms of any Settlement, the State Share shall be paid directly to the State in accordance with the terms of this Section (D).
The State maintains full discretion over distribution of the State Share anywhere within the State of Colorado, however, the State Share shall be used for Approved Purposes only. The State will work to reduce administrative costs as much as practicable.
On an annual basis, as determined by the Abatement Council, the State shall provide all expenditure data, including administrative costs, from the State Share to the Abatement Council for purposes of maintaining transparency in accordance with Section (C)(4)(c)(i). The Abatement Council may require the State to provide additional outcome-related data in accordance with Section (C)(4)(c)(ii) and the State shall comply with such requirements.
If the State disputes the amount of Opioid Funds it receives from the State Share, the State shall alert the Abatement Council within sixty (60) days of discovering the information underlying the dispute. Failure to alert the Abatement Council within this time frame shall not constitute a waiver of the State's right to seek recoupment of any deficiency in its State Share.
LG Share
In accordance with Sections (B)(l) and (B)(2)(b), and the terms of any Settlement, the LG Share shall be paid directly to Participating Local Governments in accordance with the terms of this Section (E).
Allocations to Participating Local Governments from the LG Share shall first be determined using the percentages shown in Exhibit D.
The LG Share for each County Area shall then be allocated among the county and the other Participating Local Governments within it. Exhibit E reflects the default allocation that will apply unless the Participating Local Governments within a County Area enter into a written agreement providing for a different allocation. The Participating Local Governments may elect to modify the allocation for a County Area in Exhibit E, but such modification to the allocation in Exhibit E shall not change a County Area's total allocation under Section (E)(2).
A Local Government that chooses not to become a Participating Local Government will not receive a direct allocation from the LG Share. The portion of the LG Share that would have been allocated to a Local Government that is not a Participating Local Government will instead be re-allocated to the Regional Share for the Region where the Local Government is located, in accordance with Section (F), below.
In the event a Participating Local Government dissolves or ceases to exist during the term of any Settlement, the allocation for that Participating Local Government from the LG Share shall be re-allocated as directed by any Settlement, and if not specified, be re-allocated to the Regional Share for the Region in which the Participating Local Government was located, in accordance with Section (F). If a Participating Local Government merges with another Participating Local Government, the allocation for that Participating Local Government from the LG Share shall be re-allocated as directed by any Settlement, and if not specified, shall be re-allocated to the successor Participating Local Government's allocation of the LG Share. If a Participating Local Government merges with a Local Government that is not a Participating Local Government, the allocation for that Participating Local Government from the LG Share shall be re-allocated as directed by any Settlement, and if not specified, be re-allocated to the Region in which the merging Participating Local Government was located, in accordance with Section (F), below.
A Participating Local Government may forego its allocation of the LG Share and direct its allocation to the Regional Share for the Region where the Participating Local Government is located, in accordance with Section (F) below, by affirmatively notifying the Abatement Council on an annual basis of its decision to forego its allocation of the LG Share. A Participating Local Government's election to forego its allocation of the LG Share shall carry over to the following year unless the Participating Local Government notifies the Abatement Council otherwise. If a Participating Local Government elects to forego its allocation of the LG Share, the Participating Local Government shall be excused from the reporting requirements required by Section (E)(8).
Participating Local Governments maintain full discretion over the distribution of their allocation of the LG Share anywhere within the State of Colorado, however,
all Participating Local Governments shall use their allocation from the LG Share for Approved Purposes only. Reasonable administrative costs for a Participating Local Government to administer its allocation of the LG Share shall not exceed actual costs or 10% of the Participating Local Government's allocation of the LG Share, whichever is less.
On an annual basis, as determined by the Abatement Council, all Participating Local Governments shall provide all expenditure data, including administrative costs, from their allocation of the LG Share to the Abatement Council for purp