CWAG Roundup

February 16, 2017
 

EXECUTIVE SUMMARY
 
 
UPCOMING EVENTS
 
2017 CWAG Annual Meeting Registration Now Open!
San Francisco, CA
July 30- August 2, 2017

The Conference of Western Attorneys General along with CWAG Chair and Hawaii Attorney General Doug Chin invite you to the 2017 CWAG Annual Meeting in San Francisco, CA, July 30-August 2, 2017. Join your colleagues as CWAG explores the most pertinent legal issues during the days and spend the evenings enjoying the urban charm of the city at our social events.

  To register online use the following link: 2017 CWAG Annual Meeting Registration

If you have attended an annual meeting in the past few years your contact information has been saved in the registration system. Please review your contact information during the registration process to make sure it is current.
 
To register, go to "Sign In" and enter the email address and password you or your assistant previously provided. If you can't recall your password, click on the "Forgot Password" link and your password will be sent to the email that is saved in the system.
 
If you have not previously registered for the annual meeting go to "New Registration", enter your email and create a personal password to be used for future registrations.
 
Early Bird Registration: The cutoff date for Early Bird registration is Friday, June 2, 2017 at 5:00pm (PT).  All registrations received after this time and date will be charged the regular registration fee.
 
Onsite Registration: Pre-registering for primary attendees and guests who would like to attend any of the substantive or social opportunities is required. CWAG must make commitments to the hotel and activity vendors based on pre-registered guests prior to our arrival. The registration fees cover the cost of activities and meals at the conference which have been pre-arranged. Given the necessity of pre planning, we will not be accepting any onsite registrations. 
 
Hotel room cutoff: the last day to reserve your room within the CWAG room block is Friday, July 7, 2017. If the room block sells out prior to that time, reservations will be accepted on a space available basis. The reservation number for the Westin St. Francis is1.888.627.8546. Ask for the CWAG room block to receive our discounted rates.
 
Chair's Initiative and Western Pacific AG Summit
Honolulu, Hawaii
March 13-16, 2017
 
This conference will be held at the famous Royal Hawaiian Hotel. We will begin with a welcome reception on Monday, March 13, 2017, at 5:00pm. The Western Pacific Attorney General Summit will take place from 8:00am to 5:00pm on Tuesday, March 14, 2017. The Chair Initiative will take place on Wednesday, March 15th, from 8:00am to 5:00pm, and will conclude on Thursday, March 16th at 12:00pm. This conference is open to all private sector and government attendees. Click  here to download registration materials. The preliminary draft agenda for the meeting can be downloaded  hereRegistration deadline and hotel room block cutoff is Friday, February 24, 2017.
 
The Pacific Summit will focus on major issues facing the Pacific jurisdictions, such as climate change, immigration, self-government, consumer retail access and economic growth. The Chair Initiative will explore how states have lead the way to solve national issues when the federal government has experienced deadlock and what the future holds for state action. The states are a vital and active source for ideas to solve important issues facing society. States lead the way on consumer and financial protection, healthcare, protecting privacy and so much more. Even when partisan politics keep the federal government from being as effective as it may, the states can put aside politics to address the needs of their citizens.
 
 
ATTORNEY GENERAL NEWS
 
Alabama Governor Robert J. Bentley appointed Marshall County District Attorney, Steve Marshall, to serve as the 50th Attorney General of Alabama. Former Attorney General Luther Strange was appointed to the United States Senate following Senator Jeff Sessions' appointment and confirmation as Attorney General of the United States. Following his appointment, Mr. Marshall said, "It is a great honor to be named Attorney General and I am thankful to Governor Bentley for the opportunity to serve the people of Alabama. The time spent working alongside law enforcement for the last 20 years has been a remarkable privilege.  As Attorney General, I will continue to support their efforts to keep Alabamians safe and free from violent crime."
 
IMMIGRATION
 
It was reported in last week's Roundup that CWAG Attorney General Bob Ferguson of Washington had obtained an injunction against President Trump's executive order on immigration and that the matter was pending before the Ninth Circuit Court of Appeals. The Court of Appeals subsequently affirmed the lower court's ruling. "No one is above the law, not even the President," Attorney General Ferguson said. "The President should withdraw this flawed, rushed and dangerous Executive Order, which caused chaos across the country. If he refuses, I will continue our work to hold him accountable to the Constitution."
 
CWAG Attorneys General Xavier Becerra of California, Ellen Rosenblum of Oregon, Bob Ferguson of Washington and CWAG Associate Attorneys General Peter Kilmartin of Rhode Island and TJ Donovan of Vermont along with the state attorneys general from Massachusetts and New York filed a friend-of-the-court brief in the U.S. Supreme Court in Jennings v Rodriguez, a case involving the federal government's authority to detain non-citizens pending completion of their removal proceedings. The plaintiffs in this case are non-citizens who have been detained by federal authorities for longer than six months.  They argue that the Constitution requires them to receive the same basic protection enjoyed by other non-criminals who are detained by the federal government: a hearing to determine whether their continued detention is justified.  The plaintiffs do not dispute the government's right to detain individuals who are dangerous or pose a flight risk; they are only asking for an opportunity to be released on bond if the government cannot show that they present such a danger.
 
ENERGY
 
CWAG Attorney General Cynthia H. Coffman of Colorado announced that she has filed suit against Boulder County for an illegal moratorium on oil and gas development. The Boulder County Board of County Commissioners imposed a moratorium on all new applications for oil or gas development in Boulder County five years ago. The Boulder Commissioners since have re-imposed or extended the moratorium eight separate times. Two of those extensions were passed after the Colorado Supreme Court ruled in May 2016 that local bans on oil or gas development are preempted if they conflict with the Colorado Oil and Gas Conservation Act, which regulates all aspects of oil and gas development and operations within the State. 
 
CWAG Attorney General Tim Fox of Montana filed for intervention on behalf of the State of Montana in the electricity rate proceeding of Washington utility Puget Sound Energy, before the Washington Utilities and Transportation Commission. PSE is a part-owner of the Colstrip generating facility, and entered into a legal settlement last year establishing a shut-down date of July 2022 for Colstrip Units 1 and 2. "It's important that the state of Montana has a seat at the table throughout this rate proceeding so our interests can be adequately represented," said Attorney General Fox. "The state of Montana wants to make sure that the company makes good on its legal obligations to Montana's communities, workers and environment affected by the operation and potential retirement of coal-fired generating units in our state."
 
CONSUMER PROTECTION
 
CWAG Attorney General Bob Ferguson of Washington announced that a King County judge ordered the makers of 5-hour ENERGY® to pay nearly $4.3 million in penalties, attorneys' fees and costs for multiple violations of the state Consumer Protection Act. Attorney General Ferguson filed a lawsuit against the companies in 2014, alleging violations of the state Consumer Protection Act. After a three-week trial last September, Judge Beth Andrus ruled in the state's favor, finding that claims in the companies' advertising were deceptive, and therefore violated the Consumer Protection Act. The deceptive claims - that the popular flavored energy shots is superior to coffee, that doctors recommend 5-hour ENERGY®, and that its decaffeinated formula provides energy, alertness and focus that lasts for hours - appeared in press releases, on the internet and in thousands of print and broadcast ads. "The makers of 5-hour ENERGY® broke the law in pursuit of profit, and now they are paying for it," Attorney General Ferguson said.
 
CWAG Associate Attorney General Pam Bondi of Florida announced the multimillion dollar resolution of a lawsuit against several related unsecured loan services companies and operators. The three consent judgments and one settlement agreement obtained by Attorney General Bondi's Office resolve allegations that the defendant companies and their principals unlawfully charged cash-strapped consumers fees ranging from $500 to more than $1,000 for online lending services that consumers could perform on their own for free. The defendants allegedly convinced consumers to pay illegal up-front fees by falsely guaranteeing that a lender in the defendants' lender network had pre-approved the consumers for loans. "This result will provide full restitution to consumers victimized by this fraudulent loan scheme and ensure no more consumers are harmed by these unscrupulous practices," said Attorney General Bondi.
 
FIGHTING DRUG ABUSE
 
CWAG Associate Attorney General Brad Schimel of Wisconsin , the Drug Enforcement Administration, Federal Bureau of Investigation, Marshfield Clinic, and the Wisconsin Department of Justice Division of Criminal Investigation, testified at a legislative informational hearing on the growing challenge of methamphetamine abuse in Wisconsin. "Meth is notorious for not only destroying the user, but the entire family and community around each user," said Attorney General Schimel. "Wisconsin's top law enforcement agency has been working with federal law enforcement to assess the threat of meth and every level of government has made a commitment to stop this horrible drug from continuing to destroy our communities. Today's hearing gave legislators the information they will need to protect their communities and help law enforcement battle back meth."
 
FIGHTING PUBLIC  CORRUPTION
 
CWAG Associate Attorney General Jim Hood of Mississippi announced that he has filed 11 civil RICO lawsuits against all corporate and individual conspirators in the prison bribery scandal, including a former Mississippi Department of Corrections Commissioner. "The state of Mississippi has been defrauded through a pattern of bribery, kickbacks, misrepresentations, fraud, concealment, money laundering and other wrongful conduct," Attorney General Hood said. "These individuals and corporations that benefited by stealing from taxpayers must not only pay the state's losses, but state law requires that they must also forfeit and return the entire amount of the contracts paid by the state.  We are also seeking punitive damages to punish these conspirators and to deter those who might consider giving or receiving kickbacks in the future." 

 

Chris Coppin
Legal Director
Conference of Western Attorneys General
1300 I Street
Sacramento, CA 95814
505-589-5101 (cell)
817-615-9335 (fax)
Chris.coppin@cwagweb.org