This article was first published in the Colorado Lawyer Magazine in the October 2020 edition, written by Jeremy McKay. This article discusses criminal defense issues related to charges involving banned animal breeds. A client calls your firm looking for a defense attorney. The client has been charged with several serious misdemeanors and was told that…
Colorado is the first, and the only state, to enact a state analog to Section 1983, allowing a person to sue in state court when their civil rights, as set forth in the Colorado Constitution, have been violated by state actors and specifically disclaiming that “qualified immunity is not a defense to liability.” [i] However,…
This post is written while America burns; not its cities or its businesses, but the fabric and principles of its founding – across the nation, and indeed across the world, protesters flood the streets and advocate online against police violence in the wake of the murder of George Floyd, all the while police fire on…
Let’s say you find yourself with a citation for an animal violation, perhaps a dog bite or your dog was running loose in the neighborhood, and you are called to a court hearing for your arraignment. While you wait your turn to speak before the judge, the prosecutor approaches you with a plea agreement that…
Breed bans are an unfair system of city and county ordinances that target social prejudices. These local government bans usually are not listed rental agreements or on home sale documents, and owners frequently are surprised by the sudden impoundment of their dogs as banned breeds. Furthermore, it is difficult to accurately identify a dog accused…
Just as there are police officers for humans, there are animal control officers for animals. Animal control officers can impound and destroy dogs and other animals if they are not kept according to the law. Violations of leash laws, species restrictions, breed bans, and loose animals are just some of the ways in which owners…
Environmental law has come a long way from its origins. What was once considered a fringe movement has now become mainstream as our world experiences climate change. However, environmentalism wouldn’t be where it is today without the advocates of the environmental justice movement. The environmental justice movement fights to address the adverse environmental impacts among…
Environmentalism & Development Series, Part Four: Development in the Dark – Private v. Public Land Development. Our final entry into our development series will ponder an interesting dilemma inherent in the American system of private property rights and public oversight of things within the Public Trust. You can read Part Three, The Aspirations and Impacts…
Environmentalism & Development Series, Part Three: The Aspirations and Impacts of Green Development In this third part of our Green Development series, we discuss some of the ways that development can be “green” as well shed a light on how even “green development” can impact the environment. You can read Part Two, Misconceptions About Environmentalists…
Environmentalism & Development Series, Part Two: Misconceptions About Environmentalists Opposing Developments In this second part of our Green Development series, we look at the common misconceptions of environmental opposition to certain questionable development projects, how they gained the negative connotations of extremism, and what the opposition is actually trying to achieve. You can read Part…