Chair’s Column

Vol. 53 No. 3

By

Dear Section Members,

My year as your chair is rapidly coming to an end. Officially, it concludes on August 9, 2014, at the Section’s Business Meeting at the Fairmont Copley Plaza Hotel during the ABA Annual Meeting in Boston. The Business Meeting with the election of officers and luncheon runs from 11:30 a.m. to 1:30 p.m. During the election of officers, we will propose to elect my friend and colleague, Steve Brose, to serve as your chair in the coming year. The Section reception will be held that evening from 6:30 to 8:00 p.m. in the hotel. We hope you will be able to join us at these events on that Saturday in August in the beautiful and historic city of Boston.

We recently concluded the Section’s Spring Council Meeting in Miami Beach, Florida, during which we made the first presentation of the Samuel H. Porter Award to Section members Ernest J. Ierardi and George A. Avery. The presentation was made at the Chair’s Dinner on a beautiful Friday evening in a ballroom filled with longtime friends and admirers of these two men who have greatly contributed over the years to the work of this Section. Among those in attendance was Lucy Porter, Sam Porter’s lovely and engaging wife. Speeches were kept to a respectable length, but there was a lack of time to adequately pay homage to the awardees’ good works. It was a fitting moment to honor Sam Porter’s memory and offer recognition of the singular achievements of Ernie and George, both in their work within the Section and for the profession.

Under the editorial oversight of Judge Richard D. Cudahy this edition of Infrastructure provides an interesting mix of articles. You’ll find an article addressing a subject of constant comment over many years of Section meetings: nuclear waste disposal and the Yucca Mountain Project. Ellen C. Ginsberg and Kaitlin Sweeney of the Nuclear Energy Institute have authored a compelling piece that spans both the subject of legal remedies, the political maelstrom surrounding the issue of the funding and intended use of the facility, and a story that has seemingly no end. For those of you active in the Section over the years and who have seen the movie Chinatown, imagine in your mind’s eye a new movie called “Yucca Mountain,” starring our own Stan Blanton. The movie opens fast-forwarding with 10 years of his reports at the Fall and Spring Meetings on the progress of Yucca Mountain and issues relating to spent nuclear fuel disposition.

In addition, authors Chuck Patrizia, Stephen Kinnaird, Igor Timofeyev, Sean Unger, and Ian Herbert, all of Paul Hastings LLP, offer a practical review of the impact of the Supreme Court decision in Daimler AG v. Bauman, limiting the jurisdiction states have over foreign (or out-of-state) corporations that are not “at home” in the state where the suit is filed.

As always, as special thank you to all of you who make this Section such a success. Please encourage others to join us in our mission to address the ever evolving legal issues confronting our infrastructure industries. Many hands make for lighter work.

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