New York Personal Injury Lawyer John Q. Kelly is pleased to announce the launch of his new website for The Kelly Group P.C.
The website can be viewed at http://www.kellygrouppc.com and features notable cases and clients of Mr. Kelly.
About John Q. Kelly
One of the most renowned litigators in the country, Mr. Kelly has a proven track record in complex civil and corporate litigation nationwide.
His clients include some of the most widely publicized victims in recent times, including:
- Estate of Nicole Brown Simpson
- Parents of Natalee Holloway
- Estate of Kathleen Savio, ex-wife of Drew Peterson
- Estate of Heiress Anne Scripps Douglas
- Former Yankee great Joe Pepitone
Thursday, January 8, 2009
Monday, September 15, 2008
Friday, June 13, 2008
Roth Law Group Named Featured Law Firm
The Roth Law Group has been named a Breaking Legal News Featured Law Firm for its outstanding achievements in Business law and contract law in the Chicago area. Below is a little bit about the firm.
About Roth Law:
Business owners know that it takes hard work and dedication to make it in today's competitive marketplace. And choosing a law firm that understands the needs of small business is essential if you want to get a leg-up on the competition. You expect that your law firm will provide you with practical solutions and attentive individualized service. At the Chicago-based business law firm of the Roth Law Group, that's what you get.
At the Roth Law Group, we understand the concerns of small business owners like you and we have experience working in industries ranging from construction to chemical manufacturing. Our lawyers know that you need to remain focused on business and legal issues often detract from this goal. When the Roth Law Group represents you, we concentrate our efforts on resolving matters efficiently and economically and seek to reach the best business outcome in the least amount of time whenever practical. From contract negotiations to commercial litigation, we offer a full-range of business legal services specifically tailored to meet your needs.
If your small business is in the market for business legal services in Cook County or throughout Illinois, contact the Chicago-based Roth Law Group for a Free Initial Consultation. We offer practical solutions to your small business legal challenges at affordable rates.
A Few Representative Matters
-Obtained six-figure settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.
-Obtained judgment in favor of a Commercial Landscaping Contractor involving breach of contract.
-Negotiated nuisance value settlement on behalf of a Multi-Media Company sued for violation of Non-Compete Agreement, thus avoiding business interruption and an injunction.
-Successfully prosecuted foreclosure and other actions on behalf of a Colorado-based Mortgage Company.
www.rothlawgroup.com
Wednesday, May 14, 2008
11th Circuit Puts Halt on Privacy Suit Against Law Firm
After Colin Thomas of Miami Beach, Fla., registered his Chevrolet Impala in 2002, his vehicle registration information -- along with 284,000 others -- was sold by the state to a Coral Gables, Fla., law firm researching litigation against car dealerships.
Thomas sued Charles M. Hartz and his law firm, George Hartz Lundeen Fulmer Johnson, claiming the attorneys violated the federal Driver's Privacy Protection Act. The law drastically limiting the release of state motor vehicle data was designed to eliminate easy access to private information after the slaying of an actress by a stalker. The Coral Gables firm said it was just trying to build a case against unscrupulous car dealers.
"He felt violated," said Thomas' attorney, Roger Slade, a partner at Pathman Lewis in Miami.
But the 11th U.S. Circuit Court of Appeals found no abuse of discretion April 24 when U.S. District Judge Jose E. Martinez in Miami granted summary judgment. He ruled Thomas was out of luck because the law firm's work met one of 14 exceptions to the law amended in 2000.
The appeals court also refused to consider whether the law firm waived attorney-client privilege under a work-product exception because the discovery issue wasn't raised before Martinez.
"We were pleased with the decision and thought it correctly decided for reasons both stated in the opinion and in our briefs," said David Palmer Hartnett of Hinshaw & Culbertson of Miami, who represented Hartz and the law firm.
Even though the decision was a setback for privacy proponents pursuing DPPA litigation, it's hardly the death knell.
There's been a proposed settlement in another case before Martinez involving ChoicePoint, an Alpharetta, Ga.-based database firm that provides information to government and industry. The settlement calls for a compliance program. Two other defendants in the case have refused to settle with a class that could be as large as 200 million Americans.
A third Miami lawsuit against the head of the state Department of Highway Safety and Motor Vehicles is seeking class action status. That suit aims to hold the state liable for failing to comply with the law by the deadlines set by Congress.
The 2000 amendment expressively forbids use of the information without a driver's consent while carving out 14 exceptions. It took Florida until 2004 to comply, and the lawsuits aim at database sales by the state during the transition years.
Martinez has all three cases. He has shown exasperation, stating in his order dismissing litigation against the heads of motor vehicles, "This court declines to accompany the parties on their wild ride through constitutional law."
The 11th Circuit resurrected the suit against the state officials February 2007 after Martinez dismissed it, saying the state does not have inherent sovereign immunity on the issue. The 11th Circuit also sided with plaintiffs in 2005 when it ruled in a federal class action suit against Fidelity Federal Bank & Trust of West Palm Beach that actual damages do not have to be proven to collect.
The ruling means plaintiffs only have to show the state violated the DPPA, not that their information was sold and used for nefarious purposes such as identity theft. "The courts are trying to find a middle ground so businesses are not exposed but at the same time people's privacy is protected," said Wayne M. Pathman, whose firm sued the law firm and Fidelity in 2003. He said courts are weighing the right to do business against the right to privacy.
"There's a halfway approach to commerce and privacy, and the courts are going to have to find out what should be protected," he said.
Slade said the litigation poses "some fascinating legal questions." At the center of the dispute are companies whose sole purpose is to mine private information about individuals, often for commercial purposes. States can make a mint selling this information.
"Banks of information are worth a lot of money. It's not just trade in dollars anymore. Information is money," Pathman said.
Pathman Lewis, which sued on Thomas' behalf, also represents auto dealers who are potential targets of a suit by George Hartz.
VAGUE EXCEPTIONS OFFER LOOPHOLES
Many exceptions to the law are no-brainers, such as permitting police to gain access to the information and for employers to use it for employee background checks. But others are open to interpretation such as "for use in research activities" and "investigations in anticipation of litigation."
"This safe harbor allows transactions between state governments, like the department motor vehicles and commercial organizations like data brokers," said Larry Ponemon, who runs the Ponemon Institute in Traverse City, Mich., which is dedicated to protecting consumer information.
Ponemon said the litigation in Florida reflects what's happening in federal courts elsewhere. Courts are wrestling with the issue of sovereign immunity for state officials and who carries the burden of proof on alleged violations.
"It seems like the Florida Bar is pretty aggressive on these issues," Ponemon said. "I don't think a government organization should be held harmless simply because it's government instead of business. It has responsibilities to secure information about the public."
The issue of who regulates the data brokers still has not been determined, he said. Many are mom-and-pop operations with little security control.The proposed settlement with Checkpoint and several other top data collectors -- Experian Information Solutions of Dallas, Reed Elsevier of London, Seisant of Fort Lauderdale and others -- goes beyond the law to create a standard business practices for the industry. The defendants also have agreed to the injunctive relief.
Plaintiffs attorney Tod Aronovitz, who is lead counsel in the data broker case, said he could not comment because litigation is still pending against two defendants. He is also lead counsel in the case against state officials, which is scheduled for trial this summer.
The ChoicePoint settlement notice said the agreement "enhances the protection of each class member's personal information or highly restricts personal information from motor vehicle records. An independent third party will review each settling defendant's compliance procedures."
Meanwhile, attorneys for Thomas are considering an appeal to the U.S. Supreme Court.
While the 11th Circuit said it appeared Thomas' information was used for legitimate purposes, it also placed the burden of proof on the plaintiff. Judge Charles R. Wilson, writing for a panel which included Judges Gerald Tjoflat and Stanley Marcus, said Congress is silent on the burden of proof and it consequently falls on plaintiffs.
"I think the court reversed the natural priority in this instance and put the burden on the wrong party," Slade said.
The defense said in its motion in district court to dismiss Thomas' complaint that the law firm "could not have knowingly violated DPPA since the state of Florida is responsible for assuring compliance." Ponemon said many consumers would never think their driver's license information would be sold by the state and consider the personal information collected by the state to be sacred. Next to a Social Security number, Ponemon said a driver's license is the "Holy Grail" of identity theft.
Ponemon said the litigation boils down to a simple question for the courts: "Where do we want to draw the line? When is it acceptable for the state of Florida to share that information with people with legitimate business?"
Thomas sued Charles M. Hartz and his law firm, George Hartz Lundeen Fulmer Johnson, claiming the attorneys violated the federal Driver's Privacy Protection Act. The law drastically limiting the release of state motor vehicle data was designed to eliminate easy access to private information after the slaying of an actress by a stalker. The Coral Gables firm said it was just trying to build a case against unscrupulous car dealers.
"He felt violated," said Thomas' attorney, Roger Slade, a partner at Pathman Lewis in Miami.
But the 11th U.S. Circuit Court of Appeals found no abuse of discretion April 24 when U.S. District Judge Jose E. Martinez in Miami granted summary judgment. He ruled Thomas was out of luck because the law firm's work met one of 14 exceptions to the law amended in 2000.
The appeals court also refused to consider whether the law firm waived attorney-client privilege under a work-product exception because the discovery issue wasn't raised before Martinez.
"We were pleased with the decision and thought it correctly decided for reasons both stated in the opinion and in our briefs," said David Palmer Hartnett of Hinshaw & Culbertson of Miami, who represented Hartz and the law firm.
Even though the decision was a setback for privacy proponents pursuing DPPA litigation, it's hardly the death knell.
There's been a proposed settlement in another case before Martinez involving ChoicePoint, an Alpharetta, Ga.-based database firm that provides information to government and industry. The settlement calls for a compliance program. Two other defendants in the case have refused to settle with a class that could be as large as 200 million Americans.
A third Miami lawsuit against the head of the state Department of Highway Safety and Motor Vehicles is seeking class action status. That suit aims to hold the state liable for failing to comply with the law by the deadlines set by Congress.
The 2000 amendment expressively forbids use of the information without a driver's consent while carving out 14 exceptions. It took Florida until 2004 to comply, and the lawsuits aim at database sales by the state during the transition years.
Martinez has all three cases. He has shown exasperation, stating in his order dismissing litigation against the heads of motor vehicles, "This court declines to accompany the parties on their wild ride through constitutional law."
The 11th Circuit resurrected the suit against the state officials February 2007 after Martinez dismissed it, saying the state does not have inherent sovereign immunity on the issue. The 11th Circuit also sided with plaintiffs in 2005 when it ruled in a federal class action suit against Fidelity Federal Bank & Trust of West Palm Beach that actual damages do not have to be proven to collect.
The ruling means plaintiffs only have to show the state violated the DPPA, not that their information was sold and used for nefarious purposes such as identity theft. "The courts are trying to find a middle ground so businesses are not exposed but at the same time people's privacy is protected," said Wayne M. Pathman, whose firm sued the law firm and Fidelity in 2003. He said courts are weighing the right to do business against the right to privacy.
"There's a halfway approach to commerce and privacy, and the courts are going to have to find out what should be protected," he said.
Slade said the litigation poses "some fascinating legal questions." At the center of the dispute are companies whose sole purpose is to mine private information about individuals, often for commercial purposes. States can make a mint selling this information.
"Banks of information are worth a lot of money. It's not just trade in dollars anymore. Information is money," Pathman said.
Pathman Lewis, which sued on Thomas' behalf, also represents auto dealers who are potential targets of a suit by George Hartz.
VAGUE EXCEPTIONS OFFER LOOPHOLES
Many exceptions to the law are no-brainers, such as permitting police to gain access to the information and for employers to use it for employee background checks. But others are open to interpretation such as "for use in research activities" and "investigations in anticipation of litigation."
"This safe harbor allows transactions between state governments, like the department motor vehicles and commercial organizations like data brokers," said Larry Ponemon, who runs the Ponemon Institute in Traverse City, Mich., which is dedicated to protecting consumer information.
Ponemon said the litigation in Florida reflects what's happening in federal courts elsewhere. Courts are wrestling with the issue of sovereign immunity for state officials and who carries the burden of proof on alleged violations.
"It seems like the Florida Bar is pretty aggressive on these issues," Ponemon said. "I don't think a government organization should be held harmless simply because it's government instead of business. It has responsibilities to secure information about the public."
The issue of who regulates the data brokers still has not been determined, he said. Many are mom-and-pop operations with little security control.The proposed settlement with Checkpoint and several other top data collectors -- Experian Information Solutions of Dallas, Reed Elsevier of London, Seisant of Fort Lauderdale and others -- goes beyond the law to create a standard business practices for the industry. The defendants also have agreed to the injunctive relief.
Plaintiffs attorney Tod Aronovitz, who is lead counsel in the data broker case, said he could not comment because litigation is still pending against two defendants. He is also lead counsel in the case against state officials, which is scheduled for trial this summer.
The ChoicePoint settlement notice said the agreement "enhances the protection of each class member's personal information or highly restricts personal information from motor vehicle records. An independent third party will review each settling defendant's compliance procedures."
Meanwhile, attorneys for Thomas are considering an appeal to the U.S. Supreme Court.
While the 11th Circuit said it appeared Thomas' information was used for legitimate purposes, it also placed the burden of proof on the plaintiff. Judge Charles R. Wilson, writing for a panel which included Judges Gerald Tjoflat and Stanley Marcus, said Congress is silent on the burden of proof and it consequently falls on plaintiffs.
"I think the court reversed the natural priority in this instance and put the burden on the wrong party," Slade said.
The defense said in its motion in district court to dismiss Thomas' complaint that the law firm "could not have knowingly violated DPPA since the state of Florida is responsible for assuring compliance." Ponemon said many consumers would never think their driver's license information would be sold by the state and consider the personal information collected by the state to be sacred. Next to a Social Security number, Ponemon said a driver's license is the "Holy Grail" of identity theft.
Ponemon said the litigation boils down to a simple question for the courts: "Where do we want to draw the line? When is it acceptable for the state of Florida to share that information with people with legitimate business?"
Rainmaker Institute Launches New Website
The nation's largest law firm marketing provider specializing in small law firms, The Rainmaker Institute, LLC, recently launched a brand new website, profiling their live seminars, 2 day marketing boot camps, custom in house seminars and long term marketing programs.
The Rainmaker Institute's law firm marketing plans have achieved unprecedented results for many of their clients. Here are just a few of the result ones:
• 6 person law firm in Orange County, CA generates over $500,000 in new revenues after a 2 day in-house seminar
• 6 person law firm in New York City saves $119,347 in recurring expenses
• With a mere $50,000 investment in a law firm marketing plan, Los Angeles law firm reduces annual advertising budget by 30% (a savings of over $475,000) and sees increase in overall revenues by $751,247 in the following 12 months
• The partner at a 3 person law firm put their legal marketing on auto-pilot and saved the partner over 480 hours in one year, while making them an additional $168,000
Stephen Fairley, CEO of The Rainmaker Institute, notes, "We are proud to offer cutting edge legal marketing strategies and proven steps that take the guesswork out of creating a financially successful and personally satisfying law firm. We have helped over 6,000 attorneys from hundreds of law firms generate more and better referrals and fill their practice."
Learn more about customized in-house seminars, long term marketing programs, 2 day marketing boot camps and much more at www.TheRainmakerInstitute.com
About The Rainmaker Institute, LLC and Stephen Fairley
The Rainmaker Institute, LLC is the nation's largest strategic law firm marketing company specializing in helping small law firms build 7 figure practices. Stephen Fairley, named "America's Top Marketing Coach," is CEO of the company and a nationally recognized law firm marketing expert. For more information, call 888-588-5891 or visit www.TheRainmakerInstitute.com
The Rainmaker Institute's law firm marketing plans have achieved unprecedented results for many of their clients. Here are just a few of the result ones:
• 6 person law firm in Orange County, CA generates over $500,000 in new revenues after a 2 day in-house seminar
• 6 person law firm in New York City saves $119,347 in recurring expenses
• With a mere $50,000 investment in a law firm marketing plan, Los Angeles law firm reduces annual advertising budget by 30% (a savings of over $475,000) and sees increase in overall revenues by $751,247 in the following 12 months
• The partner at a 3 person law firm put their legal marketing on auto-pilot and saved the partner over 480 hours in one year, while making them an additional $168,000
Stephen Fairley, CEO of The Rainmaker Institute, notes, "We are proud to offer cutting edge legal marketing strategies and proven steps that take the guesswork out of creating a financially successful and personally satisfying law firm. We have helped over 6,000 attorneys from hundreds of law firms generate more and better referrals and fill their practice."
Learn more about customized in-house seminars, long term marketing programs, 2 day marketing boot camps and much more at www.TheRainmakerInstitute.com
About The Rainmaker Institute, LLC and Stephen Fairley
The Rainmaker Institute, LLC is the nation's largest strategic law firm marketing company specializing in helping small law firms build 7 figure practices. Stephen Fairley, named "America's Top Marketing Coach," is CEO of the company and a nationally recognized law firm marketing expert. For more information, call 888-588-5891 or visit www.TheRainmakerInstitute.com
Thriller Publishing Apoints New Law Firm to Team
Thriller Publishing Inc., a game publisher of Single Player, retail, and Massively Multiplayer Online Games, announces the addition of a leading investment banking firm and a top technology/entertainment law firm to the Thriller team to assist with the company's next-stage strategic growth initiatives. WWC Securities LLC has been retained as strategic advisor and lead placement agent for Thriller's intended equity capital raise. Wilson Sonsini Goodrich & Rosati, Professional Corporation, is legal advisor to the company. Thriller Publishing is in the process of capitalizing its product development and initial publishing efforts. The company is in the business of creating great military and espionage themed video games from best-selling novels written by New York Times best-selling authors.
About Thriller Publishing (www.thrillerpublishing.com)
Austin, Texas-based Thriller Publishing has licensed and contracted multiple best-selling authors to create and develop popular new characters and storylines with the potential for computer game sequels and sustainable series. In most cases, these relationships grant Thriller complete ownership of the stories, characters and other intellectual property associated with the books and games, including artistic content, film rights, board games, books, toys and all other intellectual property rights. Led by industry veterans, J.W. "Bill" Stealey, Fred Schmidt and Jim Bull -- all of whom have worked together before at legendary 1980's-era game brand/studio/publisher, MicroProse Software -- Thriller's senior management team is composed of industry pioneers, each with over 20 years of successful game business experience. Based on their reputation, Thriller has assembled a worldwide marketing and distribution team for the largest Asian and European market segments, and has a distribution agreement with the industry's premier North American retail game sales representation firm. Thriller intends to establish itself as the premier brand for military and espionage-themed AAA storyline games across all retail and online game platforms including PC, new-gen consoles, mobile and massively multiplayer (MMOG).
About WWC Securities, LLC (www.wwccapital.com)
WWC Securities, LLC, a unit of WWC Capital, is investment banking and private equity firm that provides corporate finance advisory services to middle market companies. The firm offers mergers and acquisitions, private placement, and debt placement advisory services. The firm focuses on technology, financial services, aerospace and defense, and business services sectors. Its recent clientele include SPADAC, e-Triage, Opinion Research Corporation, SpecTal, Innolog, and Kajax Engineering, Inc. WWC Capital Group was founded in 1998 and is headquartered in Reston, VA.
About Wilson Sonsini Goodrich & Rosati (www.wsgr.com)
Advertisement
Over the past four decades, Wilson Sonsini Goodrich & Rosati, Professional Corporation (WSGR) has established itself as the premier legal advisor to technology and growth enterprises worldwide, as well as the investment banks and venture capital firms that finance them. The firm's legal expertise serves clients at all stages of growth, from venture-backed start-up companies to multibillion-dollar global enterprises. WSGR represents more than 300 public companies and 3,000 private companies across technology and growth industries including some of the most recognized names in the technology, retail, life sciences, venture capital, and finance sectors. Headquartered in Palo Alto, CA, the firm has offices across North America and in Shanghai. Mark Fitzgerald, a partner in WSGR's Washington, DC office, is representing Thriller Publishing Inc.
Thriller Publishing and Thriller Games are trademarks of Thriller Publishing Inc.; all rights reserved worldwide. All other trademarks, trade names and product titles are the property of their respective owners.
About Thriller Publishing (www.thrillerpublishing.com)
Austin, Texas-based Thriller Publishing has licensed and contracted multiple best-selling authors to create and develop popular new characters and storylines with the potential for computer game sequels and sustainable series. In most cases, these relationships grant Thriller complete ownership of the stories, characters and other intellectual property associated with the books and games, including artistic content, film rights, board games, books, toys and all other intellectual property rights. Led by industry veterans, J.W. "Bill" Stealey, Fred Schmidt and Jim Bull -- all of whom have worked together before at legendary 1980's-era game brand/studio/publisher, MicroProse Software -- Thriller's senior management team is composed of industry pioneers, each with over 20 years of successful game business experience. Based on their reputation, Thriller has assembled a worldwide marketing and distribution team for the largest Asian and European market segments, and has a distribution agreement with the industry's premier North American retail game sales representation firm. Thriller intends to establish itself as the premier brand for military and espionage-themed AAA storyline games across all retail and online game platforms including PC, new-gen consoles, mobile and massively multiplayer (MMOG).
About WWC Securities, LLC (www.wwccapital.com)
WWC Securities, LLC, a unit of WWC Capital, is investment banking and private equity firm that provides corporate finance advisory services to middle market companies. The firm offers mergers and acquisitions, private placement, and debt placement advisory services. The firm focuses on technology, financial services, aerospace and defense, and business services sectors. Its recent clientele include SPADAC, e-Triage, Opinion Research Corporation, SpecTal, Innolog, and Kajax Engineering, Inc. WWC Capital Group was founded in 1998 and is headquartered in Reston, VA.
About Wilson Sonsini Goodrich & Rosati (www.wsgr.com)
Advertisement
Over the past four decades, Wilson Sonsini Goodrich & Rosati, Professional Corporation (WSGR) has established itself as the premier legal advisor to technology and growth enterprises worldwide, as well as the investment banks and venture capital firms that finance them. The firm's legal expertise serves clients at all stages of growth, from venture-backed start-up companies to multibillion-dollar global enterprises. WSGR represents more than 300 public companies and 3,000 private companies across technology and growth industries including some of the most recognized names in the technology, retail, life sciences, venture capital, and finance sectors. Headquartered in Palo Alto, CA, the firm has offices across North America and in Shanghai. Mark Fitzgerald, a partner in WSGR's Washington, DC office, is representing Thriller Publishing Inc.
Thriller Publishing and Thriller Games are trademarks of Thriller Publishing Inc.; all rights reserved worldwide. All other trademarks, trade names and product titles are the property of their respective owners.
Imperial Oil Loses Oil-Sands Battle
Imperial Oil Ltd., Canada's largest oil company, lost a legal bid to overturn a federal regulatory decision that could delay a planned C$8 billion ($7.98 billion) oil-sands project in Alberta.
The government acted properly to cancel a water permit because another court found flaws in an environmental report on the Kearl tar-sands project, Federal Court Justice Douglas Campbell said today in a ruling on the court's Web site.
``Since the report is incomplete it must be completed, and once completed it must be, yet again, placed before'' the federal government for approval before a new water permit is issue by the fisheries department, Justice Campbell wrote.
The Calgary-based oil company on March 20 received a letter from the government withdrawing a fish habitat water permit needed for the Kearl mine in northern Alberta. Imperial has said in court losing the authorization may delay development of Kearl by a year or more.
Imperial is studying the decision and it's too early to say if the ruling will be appealed, spokesman Gordon Wong said today in a telephone interview.
``I can't really speculate about the impact on the schedule at this point,'' he said. ``We'll be working through what it potentially means'' to the project's schedule.
The company will do as much work on the site as possible without the permit, Wong said.
No More Flexibility
Imperial had used up all the timing flexibility built into this stage of the development, the company's lawyer said at a court hearing on May 7 and 8 in Calgary. Imperial is 70 percent owned by Exxon Mobil Corp.
``We'll be working with the federal government in order to comply with the process required'' to get a new permit, Imperial's Wong said. ``There's a process in place and we'll follow the process.''
The permit was pulled after a judge in March ordered a provincial-federal review panel to justify its finding that the mine won't have a significant adverse impact on air quality. The panel issued its rationale on May 6.
Kearl's regulatory approval was challenged by a coalition of groups including the Pembina Institute for Appropriate Development, a non-profit Alberta-based group that researches environmental policy.
A company decision on proceeding with Kearl, which could start production in 2011, may be made in the third quarter, incoming Chief Executive Officer Bruce March told reporters on March 26 during a press conference.
Kearl is proposed to initially produce 100,000 barrels a day of extra-heavy oil from tar-like deposits.
Greenhouse Gas
The mine will be responsible for average emissions of 3.7 million metric tons of carbon dioxide equivalents a year, or about the same amount of pollution produced annually by 800,000 cars, according to Imperial's estimates.
``There's a recognition that we need a higher standard associated environmental assessment of oil-sands projects,'' said Simon Dyer, Pembina's director of oil sands. ``From a greenhouse gas perspective, you're going to see more of these challenges until we get adequate mitigation that does actually result in real and absolute reductions in greenhouse gas pollutants.''
Imperial controls 25 percent of joint venture Syncrude Canada Ltd., the largest oil-sands producer in the world. The company also owns four refineries and about 1,900 Esso-branded fuel stations across Canada.
Imperial fell 56 cents to C$57.38 on the Toronto Stock Exchange. The stock has gained 5 percent this year.
The case is between Imperial Oil Resources Ventures Ltd. and Minister of Fisheries and Oceans, T-460-08. Federal Court of Canada (Ottawa).
The government acted properly to cancel a water permit because another court found flaws in an environmental report on the Kearl tar-sands project, Federal Court Justice Douglas Campbell said today in a ruling on the court's Web site.
``Since the report is incomplete it must be completed, and once completed it must be, yet again, placed before'' the federal government for approval before a new water permit is issue by the fisheries department, Justice Campbell wrote.
The Calgary-based oil company on March 20 received a letter from the government withdrawing a fish habitat water permit needed for the Kearl mine in northern Alberta. Imperial has said in court losing the authorization may delay development of Kearl by a year or more.
Imperial is studying the decision and it's too early to say if the ruling will be appealed, spokesman Gordon Wong said today in a telephone interview.
``I can't really speculate about the impact on the schedule at this point,'' he said. ``We'll be working through what it potentially means'' to the project's schedule.
The company will do as much work on the site as possible without the permit, Wong said.
No More Flexibility
Imperial had used up all the timing flexibility built into this stage of the development, the company's lawyer said at a court hearing on May 7 and 8 in Calgary. Imperial is 70 percent owned by Exxon Mobil Corp.
``We'll be working with the federal government in order to comply with the process required'' to get a new permit, Imperial's Wong said. ``There's a process in place and we'll follow the process.''
The permit was pulled after a judge in March ordered a provincial-federal review panel to justify its finding that the mine won't have a significant adverse impact on air quality. The panel issued its rationale on May 6.
Kearl's regulatory approval was challenged by a coalition of groups including the Pembina Institute for Appropriate Development, a non-profit Alberta-based group that researches environmental policy.
A company decision on proceeding with Kearl, which could start production in 2011, may be made in the third quarter, incoming Chief Executive Officer Bruce March told reporters on March 26 during a press conference.
Kearl is proposed to initially produce 100,000 barrels a day of extra-heavy oil from tar-like deposits.
Greenhouse Gas
The mine will be responsible for average emissions of 3.7 million metric tons of carbon dioxide equivalents a year, or about the same amount of pollution produced annually by 800,000 cars, according to Imperial's estimates.
``There's a recognition that we need a higher standard associated environmental assessment of oil-sands projects,'' said Simon Dyer, Pembina's director of oil sands. ``From a greenhouse gas perspective, you're going to see more of these challenges until we get adequate mitigation that does actually result in real and absolute reductions in greenhouse gas pollutants.''
Imperial controls 25 percent of joint venture Syncrude Canada Ltd., the largest oil-sands producer in the world. The company also owns four refineries and about 1,900 Esso-branded fuel stations across Canada.
Imperial fell 56 cents to C$57.38 on the Toronto Stock Exchange. The stock has gained 5 percent this year.
The case is between Imperial Oil Resources Ventures Ltd. and Minister of Fisheries and Oceans, T-460-08. Federal Court of Canada (Ottawa).
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