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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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Colorado

Colorado’s Front Range Passenger Rail eyes stops at future Broncos, Summit stadiums

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Colorado’s Front Range Passenger Rail eyes stops at future Broncos, Summit stadiums


The Front Range Passenger Rail District is rallying support from the cities where the future rail line will operate. Denver City Council got on board with a proclamation made Monday at its regular meeting. Denver is the latest of nearly a dozen municipalities to publicly express its support for the railway. 

Councilman Darrell Watson sponsored the proclamation that received unanimous support.

“Right now, we’re dealing with forest fires throughout the state,” Watson said. “That air that’s coming in, having a cleaner approach to transit is important, and the Front Range Rail provides that.”

The proclamation also supports the creation of two additional “special events” stops that are south of Union Station and therefore would need voter approval. 

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“One is on South Broadway and I-25 for the new Denver Summit stadium, as well as Burnham Yard for the new Denver Broncos stadium,” explained Sal Pace, the Front Range Passenger Rail District’s general manager.

For Pace, the support is another step in the right direction for future expansion. 

“We’re asking the local municipalities to agree with the station locations and the placement of stations across the district,” Pace said. “That way if we refer a ballot question, that it’s done in alignment with the local municipalities, such as here in Denver.”

But city support also brings monetary gains.

“Because of its population, Denver will be receiving $225 million in local return Pace explained. “And for passing this proclamation, they’ve just qualified themselves for an additional $22.5 million in local return dollars,” he said. “That money will be coming from any future tax revenue that a district is collecting.”

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“This is a unique opportunity, not just for Denver, but for anyone that loves rail and anyone that lives in the Front Range,” Watson added.

The first phase of the railway that the Colorado Connector (CoCo) will make trips on goes from Denver up to Boulder, on to Fort Collins. That phase is already funded and is expected to begin service in 2029. The Rail’s board will have a meeting in August on a possible ballot measure for this November. Voters from Fort Collins down to Trinidad would vote on the tax measure to support future expansion if placed on the ballot.

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Hawaii

Hilo woman killed in Kona traffic crash – West Hawaii Today

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Hilo woman killed in Kona traffic crash – West Hawaii Today


A 21-year-old Hilo woman died as the result of a three-vehicle traffic collision Sunday night on Alii Drive in Kailua-Kona.

Officers responded to a 9:28 p.m. report of a head-on collision near the north end of Kahaluu Beach Park.

Their preliminary investigation determined that the woman, Hinanui T. Starr-Boyle, was driving a gray 2012 Toyota Tacoma northbound at a high-rate of speed for the area.

While passing another northbound vehicle in a no-passing zone, the Tacoma crossed into the southbound lane and collided head-on with a silver 2010 Nissan Frontier pickup truck driven by a 20-year-old Holualoa man.

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Following the initial collision, the Nissan Frontier continued onto the makai shoulder of the roadway, where it struck a parked tan Ford Econoline van.

Starr-Boyle was pronounced dead at 10:17 p.m. at Kona Community Hospital. Her passenger, a 25-year-old Hilo man, and the driver of the Nissan were admitted to KCH. Both were listed in stable condition.

The driver of the Nissan was arrested on suspicion of DUI.

None of the people involved in the collision were wearing seat belts, and speed and impairment are believed to be contributing factors in the crash, police said.

Starr-Boyle’s death is the 18th traffic fatality on Hawaii Island in 2026, compared to 14 at the same time last year.

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Potential witnesses or anyone with video camera footage from the area around the time of the crash are asked to contact Officer John Harvey at (808) 326-4646, ext. 3229, or john.harvey@hawaiicounty.gov.

Those who prefer anonymity may contact Crime Stoppers at (808) 961-8300.





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Idaho

Idaho Falls City Council delays vote on proposed alcohol ordinance – Local News 8

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Idaho Falls City Council delays vote on proposed alcohol ordinance – Local News 8


IDAHO FALLS, Idaho (KIFI) – A controversy is brewing as the City of Idaho Falls reviews its alcohol ordinance.

The goal is to consolidate four existing ordinances for beer, wine and liquor into a single law and ensure compliance with state code.

However, at its meeting last Thursday, the Idaho Falls City Council unanimously voted to remove the proposed ordinance from its agenda, in order to receive and consider additional public comment.

The proposed ordinance would:

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1. Require commercial establishments selling, dispensing or permitting consumption of alcohol – including beer, wine or liquor – to have an alcohol license, alcohol catering permit or a charitable event permit.

2. Business events with 20 or less employees consuming alcohol at the business would be allowed.

3. Require alcohol servers to complete training every three years.

4. Individuals who violate the law could be charged with a misdemeanor.

Idaho Falls City Council President Jim Francis said the changes were the culmination of months of collaboration between law enforcement, business owners and city attorneys.

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“We wanted to provide a safe environment – the primary point here – for public gatherings,” Francis said. “We recognize that certain antiquated elements of the current code are overly restrictive and needed to be addressed. We wanted to make the code more accessible to the public. We needed to address over-pouring issues. We wanted to reduce penalties where possible for violations, particularly the first offenses, and yet make the code clear enough to be enforceable consistently by law enforcement.”

But City Council Member John Radford said the changes represent an overreach by city government.

“I believe it’s a bad policy. What problem are we solving in the name of trying to solve a non-problem?” Radford said. “We’re becoming big brother around alcohol in your private property. I’m concerned that landlords will be at risk of being charged with a misdemeanor if they knowingly, which I made sure that was in there, because that is what we’ve been talking about, allowed people to drink in our business. We will be outside the norm of Idaho cities. This is a big step, and I don’t think the public has weighed in on this.”

At a City Council Work Session on June 1, Idaho Falls Chief of Police Bryce Johnson cited an increase in alcohol-related crime – particularly downtown – as a reason for the changes.

“DUI is there, but this would include sexual assaults, assaults, batteries, disturbances, urination, public vandalism, shooting – all sorts of crimes,” Johnson said.

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But business owners are concerned about the potential impact on commercial enterprises.

“The ordinance doesn’t address the real problem – which is people drinking … at one event and then showing up in a bar or restaurant already hammered and causing problems anyway,” ” said Terri Ireland, representing the Idaho Falls Downtown Merchants Association. “The industry is really well-regulated by state and local laws already.”

The City of Idaho Falls began the process of updating its alcohol ordinance in January 2026, seeking input from community stakeholders.

Multiple community members spoke out about the ordinance.

For more in-depth information, you can read the full 39-page proposed alcohol ordinance here.

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