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Court: Montana minimizes impact of mining near Yellowstone
U.S. Court News |
2018/05/14 16:47
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A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.
The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.
The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.
The results of the exploration work would guide the company's future plans for commercial-scale mining.
Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.
State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.
The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said. |
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Judge allows Palin's son therapeutic court for proceedings
U.S. Court News |
2018/05/12 16:47
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The eldest son of former Republican vice presidential candidate Sarah Palin will go through Alaska's therapeutic court system in a criminal case accusing him of assaulting his father last year at the family home.
State District Judge David Wallace on Tuesday approved Track Palin's request to formally transfer his case to Veterans Court, which gives eligible veterans the option of enrolling in mental health treatment programs instead of a traditional sentence.
The judge also barred the media from using cameras or other recording devices during that proceeding after Track Palin's attorney filed a motion seeking to prohibit or limit media access. Wallace said he will formally rule on the matter later.
The motion to limit media access was filed Friday by Track Palin's attorney, Patrick Bergt, in an effort to ensure the case does not become a distraction to other veterans in the system.
Veterans Court program rules say veterans opt in by agreeing to plead guilty or not guilty to at least one charge.
Bergt declined to say if his client is making such a plea to get into the program, adding he can't comment on specifics of the case. |
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Supreme Court allows Arkansas to enforce abortion restrictions
Legal News |
2018/05/08 16:46
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The Supreme Court is allowing Arkansas to put into effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.
The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.
The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The U.S. 8th Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.
The legal fight over the law is not over, but the state is now free to enforce it, at least for the time being. Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.
The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion.
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Court to consider fraud investigator in NFL concussion case
Legal Line News |
2018/04/28 16:47
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A federal judge in Philadelphia is scheduled to hear arguments in the NFL's request for a special investigator to look into what the league says are fraudulent claims in a $1 billion concussion settlement.
The league last month cited an independent study it said found that more than 400 claims had been recommended for denial based on evidence of fraud by attorneys, doctors and former players.
Plaintiffs' lawyers contend the league is not awarding settlement funds fast enough. So far, $227 million in claims have been awarded.
The league says attempts to scam the system are responsible for delays. The NFL has asked that the investigator be granted subpoena power.
League officials say a special investigator would help ensure the integrity of the settlement. Arguments are scheduled for Wednesday. |
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