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Articles by A.J. Ferate
The Supreme Court should not let Colorado set national climate policy
OPINION: For years, state and local governments have brought lawsuits against energy companies, seeking damages for the alleged consequences of climate change. Plaintiffs typically characterize these cases as traditional claims under state nuisance, trespass or consumer protection law, but the labels cannot obscure the substance. These cases ask state courts to impose liability for conduct that is interstate, international and inseparable from national energy policy.
As other states ban pharmacy benefit managers, OK should show more caution | Opinion Original
Oklahomans know all too well that the rising cost of prescription drugs can strain any household budget. For many families, the question isn’t just about money — it’s about health, independence, and peace of mind. Policymakers are right to look for solutions that make medications more affordable, but in doing so, we must take care not to make the system worse in the name of reform.
Oklahoma political campaigns face an urgent problem. Let’s fix it. | Opinion
Our state’s campaign finance system is broken, and it’s time we fixed it. And the problem is an urgent one. Already, some candidates for statewide office have announced their campaigns for what promises to be a busy 2026 election, so we should act soon. But candidate campaigns are not the only ones preparing for 2026. Independent expenditure groups are preparing for the election, too.
Get the 'Surprise Medical Billing' bill right to combat the growing administrative state
Modern American politics has been marked by the rise of the administrative state. For the past few decades, this unelected “shadow government” has slowly been seizing power from the legislative and judiciary branches. In the process, it has also created new powers for itself that previously never existed. Such an end run around the Constitution is to the detriment of all Americans who will suffer from the consequences of these encroachments upon their liberty.
Rover Pipeline Case Shows Risks Of Project Abandonment
Law360 (May 26, 2021, 4:11 PM EDT) -- At some point, most construction contractors find themselves in a dispute during the course of an ongoing project. When this occurs, depending on the contract governing the project and the relevant statutory law and common law in the project's jurisdiction, the contractor is presented with several options. In most instances, the course of action that carries the highest risk is choosing to stop performance on the project or abandoning the work.
VIEWPOINT: HR 1 could undermine state election system
The Oklahoma State Election Board has been a star among its peers. Elections in our state are run with both integrity and efficiency. Election nights in Oklahoma never end without a full count by midnight in our memory, if ever. On the rare occasion that recounts are necessary, they are conducted by the letter of the law. And the manner in which the state operates a fair and honest system is second to none. There are no surprises in our system.
Lessons From The Failed ETE-Williams Merger
Law360 (May 8, 2020, 5:09 PM EDT) -- The saga between Energy Transfer Equity LP and The Williams Companies Inc. is the lawsuit that just won't go away, after a merger between the two fell apart in June 2016. What began as a beautifully complimentary merger full of promise — the transaction would have created the world's largest energy infrastructure group, and one of the largest energy franchises in North America — has devolved into a bitter lawsuit that lingers through the appeal of motions.
How Montana Fossil Ruling Could Affect Oil And Gas Cos.
Law360 (February 18, 2020, 5:31 PM EST) -- Perhaps one of the most entertaining introductions to an opinion in the U.S. Court of Appeals for the Ninth Circuit comes from a ruling that has been vacated by the court en banc: Once upon a time, in a place now known as Montana, dinosaurs roamed the land. On a fateful day, some 66 million years ago, two such creatures, a 22-foot-long theropod and a 28-foot-long ceratopsian, engaged in mortal combat.
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