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  • Article

    Colorado Supreme Court Rules Appeals From County Court To Court Of Appeals Unconstitutional

    The underlying dispute arose when plaintiff Rebeca Hinds sued her neighbor, Corrine Foreman, in county court over statements Foreman made to law enforcement about Hinds.
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    “Coiled In The Folds”: Colorado Supreme Court Holds TABOR Ballot Initiative Violated Single-Subject Rule

    On March 9, 2026, the Colorado Supreme Court reversed the Title Board’s approval of Proposed Initiative 2025–2026 #158, a ballot initiative that sought to amend the Colorado Taxpayer’s Bill of Rights (“TABOR”) to require voter approval for any “fee” expected to create more than $100 million in revenue in its first five fiscal years and defined “fee” as “a voluntarily incurred governmental charge in exchange for a specific benefit conferred on the payer.”
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    Colorado Court Of Appeals Holds That Rule 15, Not Rule 41, Governs A Motion To Drop Some But Not All Claims Against A Party

    On April 16, 2026, a division of the Colorado Court of Appeals issued a published opinion in English v. Thorpe, 2026 COA 29, addressing a question of first impression: which rule of civil procedure applies when a party seeks to amend a pleading by dismissing some, but not all, of its claims against a defending party.
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    Colorado Supreme Court Clarifies Accrual Date For Statue Of Limitations In Breach Of Contract Claims

    On Monday, January 29, 2024, the Colorado Supreme Court issued a decision that clarifies when Colorado's three-year statute of limitations for breach of contract claims...
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    Interior Fast-Tracks Statutory Reviews Of Energy And Mining Projects, Citing A National Energy Emergency

    On April 23, 2025, the Department of the Interior announced it will "accelerate" permitting procedures for energy projects by fast-tracking reviews under the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), and National Historic Preservation Act (NHPA).
    United StatesEnvironment
    Davis Graham
    Davis Graham
  • Article

    SEC/SRO Update April 2024

    On February 29, 2024, the SEC charged electric vehicle maker Lordstown Motors Corp. with violations of U.S. federal securities laws in connection with alleged false disclosures about...
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    Colorado Supreme Court Holds That Copying Allegations From Related Lawsuits Does Not Violate C.R.C.P. 11

    On April 6, 2026, the Colorado Supreme Court unanimously ruled that an attorney does not violate Colorado Rule of Civil Procedure (“C.R.C.P.”) 11(a) merely by copying information, including allegations, from complaints in lawsuits involving some of the same defendants, as long as the attorney conducts “a sufficient investigation to support the allegations contained in the complaint, at least on information and belief.” The court cautioned, however, that the sufficiency of that investigation is highly fact dependent.
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    Colorado's GHG Emission Reduction Roadmap Version 2.0

    In the 2019 legislative session Colorado passed House Bill 19-1261, the Climate Action Plan to Reduce Pollution ("Climate Action Plan")...
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Colorado Division Of Securities Adopts New Investment Adviser Continuing Education Rule | Part 1

    The Colorado Division of Securities has adopted new and amended rules applicable to certain Colorado investment advisers and their representatives, effective as of March 30, 2023.
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    Amendment To Statute That Shuttered Private 14ers To Provide New Protection To Landowners (But It Isn't Foolproof)

    Four years after a federal court entered a $7 million judgment to a mountain biker injured on Air Force Academy property, a proposed amendment to the Colorado Recreational Use Statute...
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    Colorado Enacts First-In-The-Nation Legislation Comprehensively Regulating Development And Use Of Artificial Intelligence

    On May 17, 2024, Governor Jared Polis signed the Consumer Protections for Artificial Intelligence Act (SB 24-205) (the "Act") into law.
    United StatesTechnology
    Davis Graham
    Davis Graham
  • Article

    Federal Oil & Gas Leasing Developments: Ninth Circuit Vacates June 2018 Wyoming Lease Sale And BLM Announces A Greenhouse Gas Leasing EIS

    In the waning days of the Biden administration, two significant developments arose affecting federal onshore oil and gas leasing.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Case Update: United States v. Osage Wind, LLC

    In a cautionary tale for renewable energy developers operating on split estates, the United States v. Osage Wind, LLC litigation continues to carry significant legal and practical implications.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    The Corporate Transparency Act – Basics That Every Business Formed Or Registered In The U.S. Needs To Know

    The Corporate Transparency Act (the "CTA") was enacted on January 1, 2021[1] in an effort by Congress to prevent and combat money laundering, terrorist financing, tax fraud...
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    AQCC Regulation 27 Revisions – Greenhouse Gas Emissions And Energy Management For Manufacturing Phase 2 Rulemaking

    On Friday, October 20, 2023, the Colorado Department of Public Health & Environment ("CDPHE"), Air Quality Control Commission ("AQCC")...
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Legislative Changes To Federal Onshore Oil And Gas Leasing And Development

    On July 4, 2025, President Trump signed a reconciliation bill that contains numerous provisions affecting oil and gas leasing and development on onshore federal lands.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Regulation 28: New Energy Efficiency Requirements Impact An Estimated 8,000 Buildings In Colorado

    Effective October 15, 2023, Colorado's Air Quality Commission (the "Commission") approved Regulation 28, titled "Building Benchmarking and Performance Standards," which requires..
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Carbon Arbitrage In AI Data Center Siting: What Developers, Lenders & Their Counsel Need To Know

    The patchwork of carbon pricing regimes across the U.S. and globally has become one of the most consequential – and least discussed – variables in AI data center siting decisions.
    United StatesEnvironment
    Davis Graham
    Davis Graham
  • Article

    FinCEN Reporting Requirements On Certain Residential Real Estate Transfers

    On August 29, 2024, the United States Financial Crimes Enforcement Network ("FinCEN") promulgated a final rule, the "Anti-Money Laundering Regulations for Residential Real Estate Transfers" (the "Rule"), that takes effect on December 1, 2025.
    United StatesReal Estate and Construction
    Davis Graham
    Davis Graham
  • Article

    Governor Polis Signs HB25-1165 Concerning The Management Of Underground Energy Resources

    On May 28, 2025, Colorado Governor Jared Polis signed HB-1165 into law.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham

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