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Oil leasing dispute heads to federal court
Legal News |
2013/06/01 11:24
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Attorneys for the government and the oil industry will square off against environmental groups Friday in federal court in Montana in a dispute over greenhouse-gas emissions from oil and gas drilling.
The Montana Environmental Information Center and two other groups want U.S. District Judge Sam Haddon to cancel Bureau of Land Management oil and gas leases covering almost 80,000 acres in Montana.
They argue the agency did not fairly consider that greenhouse gas emissions from drilling activities could make climate change worse.
The BLM counters that the emissions from machinery and the venting of excess natural gas are insignificant.
Several industry groups have intervened in the case. They say the environmentalists behind the 2011 lawsuit cannot prove they suffered any specific harm from the lease sales. |
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Court stays out of Planned Parenthood funding case
Court News |
2013/06/01 11:23
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Indiana will likely stop defending a law that stripped Medicaid funds from Planned Parenthood after the Supreme Court declined to hear the case Tuesday, an attorney who represents the nation's largest abortion provider said.
Indiana is among more than a dozen states that have enacted or considered laws to prevent taxpayers' money from funding organizations that provide abortion. The 7th U.S. Circuit Court of Appeals ruled Oct. 23 that the law targeting Planned Parenthood went too far because it denied women the right to choose their own medical providers.
"I assume at this point the state will give up in its claim that that portion of the statue is valid under the Social Security Act," said Ken Falk, legal director of the American Civil Liberties Union of Indiana. The case now returns to U.S. District Judge Tanya Walton Pratt, who granted the initial preliminary injunction to temporarily block the law, precipitating the state's appeals.
Neither the state senator who sponsored the bill or the Family and Social Services Administration - the agency tasked with enforcing the law - had immediate comment.
"My office always contended this is ultimately a dispute between the state and federal government, not between a private medical provider and the state," Indiana Attorney General Greg Zoeller said in a statement. Zoeller's office handled the state's appeal. |
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Court: Calif. erred in new lethal injection regs
U.S. Court News |
2013/05/28 11:23
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Executions in California will remain suspended after a state appeals court ruled that corrections officials made several "substantial" procedural errors when they adopted new lethal injection rules.
The 1st District Court of Appeals said the California Department of Corrections and Rehabilitation failed to explain, as required by state law, why it was switching from a three-drug injection method to a single drug.
The court's opinion, which affirmed a lower court ruling, also said the agency misled the public by not providing the documents and information it used to reach its decision.
Corrections spokeswoman Deborah Hoffman said in an email that the agency was reviewing the ruling.
"In the meantime, at the governor's direction, CDCR is continuing to develop proposed regulations for a single-drug protocol in order to ensure that California's laws on capital punishment are upheld," Hoffman said.
California has not executed an inmate since 2006, when a federal judge halted the practice, finding that the three-drug mixture amounted to cruel and unusual punishment. The state was ordered to redo its capital punishment system.
Since then, California has built a new death chamber at San Quentin State Prison and trained a new team to carry out executions. |
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Wal-Mart pleads guilty in hazardous waste
Legal Line News |
2013/05/27 11:23
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Wal-Mart Stores Inc. will pay $81.6 million after pleading guilty on Tuesday to criminal charges of improperly disposing of fertilizer, pesticides and other hazardous products that were pulled from stores in California and Missouri because of damaged packaging and other problems.
The retail giant entered the plea in federal court in San Francisco to misdemeanor counts of violating the Clean Water Act and another environmental law regulating pesticides. The fine also settled Environmental Protection Agency allegations.
In Kansas City, Mo., the company pleaded guilty to improperly handling pesticides.
The plea agreements ended a nearly decade-old investigation involving more than 20 prosecutors and 32 environmental groups that has cost Wal-Mart a total of $110 million.
Court documents show illegal dumping occurred in 16 California counties from Del Norte to Orange between 2003 and 2005. Federal prosecutors said the company didn't train its employees on how to handle and dispose hazardous materials at its stores.
The result, prosecutors say, was that waste was tossed into trash bins or poured into sewer systems. The waste also was improperly taken to one of several product return centers throughout the U.S. without proper safety documentation, authorities said. |
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