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Firm behind climate lawsuits faces DOJ referral after court finds ‘misconduct bordering on criminal’

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Firm behind climate lawsuits faces DOJ referral after court finds ‘misconduct bordering on criminal’

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A federal judge’s extraordinary decision to refer Hagens Berman to the Department of Justice for possible unlawful conduct escalated to an appeals court this week, marking one of the toughest challenges yet for a high-profile law firm known, in part, for its aggressive climate litigation.

The referral came as part of a lawsuit that Hagens Berman brought related to a separate topic, alleged drug-related injuries, and involved Judge Paul Diamond taking the rare step of asking the DOJ to review whether Hagens Berman acted unlawfully.

Diamond noted in an order on Dec. 2 that a court-appointed lawyer, known as a special master, found Hagens Berman engaged in a yearslong effort to bring “fraudulent” complaints in the case in the Eastern District of Pennsylvania. Hagens Berman also obstructed discovery and “doctored evidence,” the special master found. The order noted that the firm’s apparent “misconduct bordering on criminal” warranted the DOJ’s involvement.

TOP ENERGY GROUP CALLS FOR PROBE INTO SECRETIVE ‘NATIONAL LAWFARE CAMPAIGN’ TO INFLUENCE JUDGES ON CLIMATE

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The Department of Justice headquarters on Feb. 19, 2020, in Washington, D.C. (Drew Angerer)

Hagens Berman has aggressively pushed back on the allegations and turned to the U.S. Court of Appeals for the 3rd Circuit for relief. The firm accused the judge of bias, noting it had recently sought Diamond’s recusal from the case and claiming the judge could be retaliating.

“To rebut the charge in the court below would risk fomenting even greater ire of the district judge—ire that would be calamitous for petitioners’ clients,” Hagens Berman lawyers wrote. “To remain silent is to permit a baseless accusation leveled by an Article III judge no less, to hang like a dark, ignominious cloud over petitioners’ professional reputation.”

The clash comes as Hagens Berman continues positioning itself as a go-to firm for high-risk litigation, including environmental cases, even as its track record in that arena shows mixed results.

Last month, the firm filed a class-action lawsuit on behalf of Washington state homeowners against ExxonMobil, Shell, Chevron and other fossil fuel companies. The suit alleges the companies sparked a rise in natural disasters that has driven up homeowners’ insurance premiums and claims they mounted a “coordinated and deliberate scheme to hide the truth about climate change and the effects of burning fossil fuels.”

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Fuel prices at a Shell gas station in Burien, Washington, on Wednesday, March 9, 2022. (Chona Kasinger/Bloomberg via Getty Images)

But in addition to the DOJ referral, Hagens Berman has thus far struggled to secure clear victories or settlements in its climate cases and was dealt some legal blows in that realm in recent years.

Efforts to reach a Hagens Berman representative for comment were unsuccessful by press time. 

In 2018, Judge William Alsup, a Clinton appointee, tossed out San Francisco and Oakland’s case, which was brought by Hagens Berman against fossil fuel companies over the alleged effects of climate change. Alsup called the scope of the cities’ claims in that case “breathtaking.”

“It would reach the sale of fossil fuels anywhere in the world, including all past and otherwise lawful sales, where the seller knew that the combustion of fossil fuels contributed to the phenomenon of global warming,” Alsup wrote.

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The cities dropped Hagens Berman as their representation after a series of adverse decisions in that case.

CLIMATE LAWFARE CAMPAIGN DEALT BLOW IN SOUTH CAROLINA

People march as they take part in a strike to demand action on the global climate crisis on Sept. 20, 2019, in New York City. (Spencer Platt/Getty Images)

The law firm also lost in a similar case that same year in New York. In that dismissal, the late Judge John Keenan, a Reagan appointee, again found Hagens Berman’s lawsuit was far too expansive.

“The City has not sued under New York law for claims related to the production of fossil fuels in New York,” Keenan wrote. “The City brings claims for damages caused by global greenhouse gas emissions resulting from the combustion of Defendants’ fossil fuels, which are produced and used ‘worldwide.’”

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The DOJ review, if upheld by the 3rd Circuit, could now overshadow the firm’s more recent endeavors and raises the stakes for the practice as it continues to take on ambitious cases.

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Montana

University of Montana president job draws high interest • Daily Montanan

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University of Montana president job draws high interest • Daily Montanan


The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.

“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.

In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.

Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.

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Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”

The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”

In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:

  • Community member and former Regent Joyce Dombrouski
  • Faculty Senate Chairperson Valerie Moody
  • Staff Senate President Dominic Beccari
  • Administration Representative John DeBoer (Vice President of Academic Affairs)
  • ASUM (Associated Students of the University of Montana) President Buddy Wilson

Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.

Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.

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Nevada

Second annual Nevada Nordic Freeheel Festival celebrates Tahoe winter recreation at SnowFest

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Second annual Nevada Nordic Freeheel Festival celebrates Tahoe winter recreation at SnowFest


INCLINE VILLAGE, Nev. – It’s time to “free your heels” and embrace Tahoe’s winter recreation at the Nevada Nordic Freeheel Festival on March 7. Whether you’re a seasoned pro at cross-country skiing or snowshoeing, or you’re trying to get your feet wet, Saturday’s event is teeming with nature, brews, and camaraderie. 

The Nevada Nordic Freeheel Festival takes place Saturday, March 7
Provided/SnowFest

Travel North Tahoe Nevada (TNTNV) is teaming up with Nevada Nordic, Tahoe Multisport, Alibi Ale Works, UC Davis Tahoe Environmental Research Center, Nevada Division of Outdoor Recreation and other local partners in the wondrous Tahoe Meadows, providing attendees a chance to engage with outdoor recreation experts, check out free cross-country and snowshoe rentals, and more.

“We’re excited to see the Nevada Nordic Freeheel Festival enter its second year, building on last year’s strong community response. In collaboration with our local partners, this event is thoughtfully curated with residents in mind – offering free equipment for the day, expert instruction, locally crafted brews, and other experiences in a welcoming setting,” said Andy Chapman, President and CEO of Travel North Tahoe Nevada. “It’s designed to make it easy for residents to get outside, try something new, and bring people together. Events like this reflect the spirit of North Lake Tahoe and what’s possible when our community comes together.”



Along with opportunities to test out free demos and rentals, there will be live music, beer tasting and races.

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Tahoe Meadows is known for its gentle trails, and is a popular spot for snowshoeing due to its flat terrain. This event, located near Chickadee Ridge, will offer stunning views of the surrounding mountains. 



This family-friendly event is on the second to last day of the 10-day SnowFest winter festival that’s been taking place in the North Lake Tahoe area. It starts bright and early at 9 a.m. and will close out at 2 p.m.

“Nevada Nordic is thrilled to be a part of SnowFest again this year,” said Meghan Pry, Nevada Nordic Board Member. “We love sharing our passion for cross-country skiing and watching our community grow. We are proud to keep winter recreation accessible by offering free access to our 20km trail network. This is the perfect opportunity for our community to gather together and free our heels!”

For more information about the Nevada Nordic Freeheel Festival or to check out the SnowFest schedule, visit tahoesnowfest.org

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New Mexico

Retired Wright-Patterson general mentioned in UFO report missing in NM

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Retired Wright-Patterson general mentioned in UFO report missing in NM


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  • A retired U.S. Air Force general, Maj. Gen. William Neil McCasland, has been reported missing in New Mexico.
  • McCasland formerly commanded the Air Force Research Laboratory at Wright-Patterson Air Force Base in Ohio.
  • His name was mentioned in a 2016 WikiLeaks email release in connection to UFO research.

A retired U.S. Air Force general who once commanded a research division at Wright-Patterson Air Force Base near Dayton, Ohio, has gone missing in New Mexico.

This is what we know.

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McCasland commanded Air Force Research Laboratory at Wright-Patterson Air Force Base

The Bernalillo County Sheriff’s Office has issued a Silver Alert for Maj. Gen. William Neil McCasland, 68, who has been missing since last week, Newsweek reports. He was last seen on Feb. 27 in Albuquerque. McCasland is 5 feet 11 inches tall and weighs about 160 pounds. He has white hair and blue eyes, and he has unspecified medical issues, per the sheriff’s office, which is worried about his safety.

McCasland was the commander of the Air Force Research Laboratory at Wright-Patterson Air Force Base near Dayton, according to his Air Force biography. He managed a $2.2 billion science and technology program as well as $2.2 billion in additional customer-funded research and development. He joined Wright-Patterson in 2011 and retired in 2013.

He was commissioned in 1979 after graduating from the U.S. Air Force Academy with a Bachelor of Science degree in astronautical engineering. He has served in a wide variety of space research, acquisition and operations roles within the Air Force and the National Reconnaissance Office.

McCasland mentioned in WikiLeaks release in connection to UFOs

McCasland was described as a key adviser on UFO-related projects by Tom DeLonge, UFO researcher and guitarist for Blink-182, Newsweek reports. The general’s name appears in the 2016 WikiLeaks email release from John Podesta, then Hillary Clinton’s campaign manager.

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In emails to Podesta, DeLonge said he’s been working with McCasland for months and that the general was aware of the materials DeLonge was probing because McCasland has been “in charge of the laboratory at Wright‑Patterson Air Force Base where the Roswell wreckage was shipped,” per Newsweek.

However, there is no official record of DeLonge’s claims, and McCasland has neither confirmed nor denied it.

Wright-Patterson Air Force Base home to UFO project

The Dayton Air Force base was home to Project Blue Book in the 1950s and 60s, according to “The Air Force Investigation into UFOs” published by Ohio State University.

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During that time, it logged some 12,618 UFO sightings, with 701 of those remaining “unidentified.” The U.S. government created the project because of Cold War-era security concerns and Americans’ obsession with aliens.



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