Here's what's happening.
Binding Arbitration - Oregon Dealers Cannot Require Binding Arbitration of Warranty Claims
Steven Wilker discusses recent Court decisions on binding arbitration for the November 2011 edition of the Oregon Automobile Dealers Association Newsletter.
Don't Tinker With Washington's Renewable Portfolio Standard
In his November 16, 2011 "Plugged In" article for the Daily Journal of Commerce, David Petersen advocates for the preservation of Washington's initiative I-937, which requires large utilities in the state to acquire 15 percent of their electricity…
Surviving Winter - The Ninth Circuit Reaffirms the "Serious Questions" Test for Injunctive Relief
In an article published in the Fall 2011 issue of Litigation Journal, Paul Conable and Frank Weiss discuss the recent opinion authored by Judge William A. Fletcher - Alliance for the Wild Rockies v. Cottrell. In the opinion, the Ninth Circuit held…
Are Electric Vehicles Green or Brown?
In his October 19, 2011 "Plugged In" article for the Daily Journal of Commerce, David White discusses the green merits of electric vehicles (EVs). While many are concerned that EVs may use energy derived from coal plants, recent studies show that…
Detrimental Reliance Not Required To Get Actual Damages Under FCBA
Tonkon Torp attorney Anna Sortun achieved a victory before the U.S. Court of Appeals for the Ninth Circuit, which found that a credit card holder does not have to prove detrimental reliance to recover actual damages from a credit card company for…
Wind Energy Facilities: Real or Personal Property?
In a "Plugged In Column" for the DJC, Kimberlee Stafford discusses evaluating new title insurance endorsements available in Oregon that are specific to wind energy projects.
Renewable Portfolio Standards Face Constitutional Challenges
In a "Plugged In" column for the Daily Journal of Commerce, Jeanne Chamberlain discusses how renewable energy has become mainstream, with more than half of this nation's states now possessing mandatory renewable energy portfolio standards. As…
New UK Bribery Act Raises the Standard for Anti-Corruption Compliance for US Companies
The UK Bribery Act becomes effective on July 1, 2011. It applies to all companies doing business in the UK and it applies to bribes paid in any country in the world. American companies doing business overseas need to adopt and maintain robust anti…
Lawsuits Likely from BPA Wind Power Shut Down
The Bonneville Power Administration’s recent response to a short-term oversupply of energy – requiring wind farms to power down without compensation for lost revenue – reflects the agency’s failure to adapt to the evolving Northwest power marketplace…
Oregon watches California's RPS saga with great interest
On April 12, California Gov. Jerry Brown signed into law a renewable energy bill – SBX1 2 – that requires public and private utilities in the state to obtain at least 33 percent of their electricity from renewable sources, including solar, wind…
An Underused Defense Tool? Special Motions to Strike
In an article for the Litigation Journal, Anna Sortun discusses the "special motion to strike" or anti-SLAPP motion. The article describes the basic anti-SLAPP framework in Oregon, the expansion of anti-SLAPP litigation in California, and the…
Encouraging Renewable Energy: Smart Policy
In a "Plugged In" column for the Daily Journal of Commerce, David Petersen analyzes the energy return on investment ("EROI") of fossil fuels versus the EROI of renewable energy. By considering the future rise and fall of the EROI for each type of…
Tonkon Tax Attorney Recommends Reforms to City/County Tax
In a recent Opinion piece in the Portland Business Journal, Mark LeRoux outlines problems with the current City/County Tax system. He makes the argument that the Multnomah County business income tax and the Portland business license law (the city…
Sage Grouse: The Next Spotted Owl?
In an article for the Daily Journal Commerce, Jeanette Schuster warns developers to take into account that birds can influence fates of wind and solar energy proposals. The sage grouse has a vast range over 11 Western states, and a decision to list…
Miller Honored With Sustainable Leadership Award
Tonkon Torp’s Max M. Miller, Jr., has been honored by the Oregon State Bar with one of two new awards for sustainable leadership. Miller earned the award in recognition of his volunteer leadership in moving the legal profession to embrace…
Scaled-back BETC is fading into the sunset
In 2010, Oregon policymakers’ renewable energy dreams yielded to fiscal and political realities as the Legislature pared down and set a termination date for the Business Energy Tax Credit. Now that the Oregon Department of Energy has adopted final…