Federal climate-change legislation may be dead in the water this year following today's Senate vote, but attorney SCOTT DEATHERAGE says it's now only a matter of time before Congress passes such a cap-and-trade system for U.S. industries to limit carbon emissions. Deatherage, who leads the Climate Change

and Renewable Energy Practice at Thompson & Knight, says such far-reaching legislation typically get's off to a slow start but the time has come for such restrictions. The proposal, which failed to get enough votes to end a Republican filibuster, would cap production of of greenhouse gases and force industries to buy permits to emit carbon dioxide. "Cap-and-trade is already developing in other countries. Without a combination of free market and regulatory incentives, the U.S. could fall behind not only in energy conservation but in the development of valuable environmental technologies," Deatherage says. Deatherage notes that both presidential candidates have expressed support for such legislation, so prospects are good for similar legislation next year.

Even outsiders sensed that the state's child welfare system was wholly unprepared to handle the seizure of hundreds of children following the raid on a polygamist ranch in Eldorado. Recently released e-mails between Texas child welfare, law enforcement and other government officials following the raid paint a picture of a state system in disarray, says attorney BETSY BRANCH of Dallas-based McCurley Orsinger McCurley Nelson & Downing. Branch and other attorneys at the Dallas family law firm

are among those volunteering to represent children as guardians at litem following the raid at the Yearning For Zion Ranch. While it seemed obvious at the time that authorities were disorganized and unprepared, Branch says e-mail communications paint a clearer picture of a child welfare system ill equipped for the challenge. "The more discovery we do, the more this looks like a ‘Keystone Cops' approach to the whole thing," Branch says. "This is a Gordian knot of a mess to be untied." Branch says all parties would be better served if the children's cases are treated individually instead of lumped together as a single case.

When Kenedy Ranch patriarch John G. Kenedy Jr. died childless more than 50 years ago, his will left control of one of the state’s legendary ranches to his widow and sister. But what if there was an unacknowledged heir to the dynasty now valued at between $500 million and $1 billion? Since 2000, the family of former Kenedy maid Ann Fernandez has maintained in court filings that Ms. Fernandez secretely gave birth to Mr. Kenedy’s daughter in 1925. A definitive answer could finally be on the way after the 13th Court of Appeals in Corpus Christi, Texas, ruled that the dispute can proceed. Marcos Ronquillo lead trial counsel for the Fernandez family and Managing Partner of the Dallas-based law firm of Godwin Pappas & Ronquillo PC, says the Fernandez family is not interested in taking money away from the John G. and Marie Stella Kenedy Memorial Foundation and the John G. Kenedy Jr. Charitable Trust, which control funds generated by La Parra Ranch. "This family is not interested in coming in and dismantling the good work that these groups do," he says. "This is about family heritage. What the family wants is the rightful recognition of Mrs. Fernandez and her children."

Dallas sports attorney DARYL WASHINGTON has some sobering advice for the young and gifted collegiate football players soon to be offered piles of money and a chance at NFL stardom. The massive windfalls that the select few collegiate players receive may seem like plenty of dough, but studies show that only a fraction of pro football players end their careers with their fortunes intact, says Washington of Dallas' Shackelford, Melton & McKinley. "When they finally hang up their cleats, some 80 percent of professional football players are heavily in debt or broke, on drugs or facing other major life hurdles, usually because they've never been taught how to manage their lives," he says. "The NFL should require business internships and teach them about collective bargaining. They should teach players how to win in life, not just on the field." To interview Mr. Washington about professional athletes, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Rising oil prices and corresponding increases in jet fuel are behind the shakeup affecting struggling air carriers, says airline bankruptcy expert STEVE STAPLETON of Dallas' Cowles & Thompson. "While the legacy airlines have cash cushions and all carriers are hedging their fuel costs with some success, there will still be pressure, particularly on the low-cost carriers and the start-ups," he says. As in the recent case of Frontier, much of the pressure likely will come from vendors like credit card companies, travel agencies and others concerned with the unprecedented economic pressures facing the travel industry. "They will likely be flexing whatever muscle they have to ensure the carriers meet their continued obligations." To interview Mr. Stapleton about the airline industry, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

One of the biggest toxic tort cases in the country right now has been unfolding in Somerville, a small central Texas town that has been tied to the Burlington Northern Santa Fe Railway since its inception more than 100 years ago. Residents there blame a 100-year-old railroad tie treatment plant now owned by Koppers Inc. for serious toxic contamination that has caused high rates of cancer and other serious illnesses. Until now, experts on both sides of the litigation have presented conflicting findings about the extent of contamination in Somerville. Now, a third-party report by Texas A&M experts confirms that Somerville school buildings are contaminated with cancer-causing dioxins, PAHs, arsenic and other chemicals in concentrations comparable to the World Trade Center following 9/11 and heavily polluted areas of China. Attorney Jared Woodfill of Houston-based Woodfill & Pressler LLP says the third-party study offers compelling evidence that the community has been exposed to historic contamination. "It's time for Koppers Inc. and BNSF to accept the findings of this independent study," he says. "This unbiased report speaks for itself about the dangers to the people of Somerville."

Computers, BlackBerries, the Internet and other fun high-tech toys were supposed to make it easier and more efficient for employees to get the job done, right? But AUDREY MROSS, who heads the labor and employment practice at Dallas' Munck Butrus Carter, P.C., reports what most of us already know to be true. Those same `productivity enhancers' have made it much easier for people to waste time surfing the Web, sending instant-messages to friends and doing other things on the job that don't contribute to the bottom line. "There even are virtual bubble wrap sites where people can go and pop bubbles online," says Mross, who recently spoke about the issue at a Texas Association of Business gathering on worker productivity, litigation and individual privacy. 

Venezuelan President Hugo Chavez is threatening to shut the spigot on oil exports to the U.S.  after ExxonMobil succeeded in freezing billions in Venezuelan assets as compensation for nationalizing enormous oil fields operated by ExxonMobile. DALLAS PARKER of Thompson & Knight, an energy attorney who closely follows South American energy markets, doubts that Chavez can afford to implement his threat, at least in the near future. "U.S. oil exports represents about three-quarters of Venezuela's total export earnings, which I don't think the Venezuelan economy could stand to lose in the short-term," says Parker. "Venezuela's economy is heavily dependent on imports, especially food. The reduction in oil-based income would have immediate, serious implications for the Venezuelan economy and people." To interview Mr. Parker, contact Barry Pound at 800-559-4534 or barry@androvett.com.  

For lenders considering foreclosure, the temptation to avoid the associated legal fees must be great. But just because Texas law allows lenders to foreclose on properties without any judicial involvement doesn't mean it's a good idea. THAD ARMSTRONG of Thompson & Knight advises caution for anyone thinking about going down the foreclosure path without legal counsel. "If the lender has not precisely followed the letter of the foreclosure law, a borrower with a basically competent lawyer could challenge the sale and get it set aside in court," says Armstrong. "Despite Texas' straightforward foreclosure laws, courts are reluctant to strip borrowers of their rights to own property in light of an irregular sale." To interview Mr. Armstrong about foreclosure laws in Texas, contact Bruce Vincent at 800-559-4534 or bruce@androvett.com.