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Court rejects new cases on birth control coverage
Legal News Feed |
2014/03/31 16:08
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The Supreme Court has turned away an early look at a challenge by religiously affiliated not-for-profit groups to the new health care law's provision on birth control coverage.
Lawsuits filed by the Roman Catholic Archdiocese of Washington and others are making their way through the courts. The justices on Monday declined to weigh in on them before any federal appeals court has reached a final decision.
The Obama administration has devised a compromise to the law's requirement that contraception be included in health plans' preventive services for women. The compromise attempts to create a buffer for religiously affiliated hospitals, universities and social service groups that oppose birth control. Their insurers or the health plan's outside administrator would pay for birth control coverage and creates a way to reimburse them.
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Court OKs massive development north of Los Angeles
Legal News Feed |
2014/03/24 14:33
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A California court has cleared the way for a massive housing development in the Santa Clarita Valley.
The Los Angeles Times reports Thursday's decision by the 2nd District Court of Appeal restores a permit issued by the Department of Fish and Wildlife that granted the Newhall Land and Farming Co. permission to alter the Santa Clara River as part of construction.
The court found that an environmental report adequately analyzed the project's potential impact on endangered fauna and flora and Native American cultural artifacts.
The newspaper says the ruling does not end the legal challenges. Jason Weiner, an attorney with the nonprofit Wishtoyo Foundation, says an appeal to the California Supreme Court is likely.
The Newhall Ranch project includes a planned community of 60,000 residents about 35 miles north of Los Angeles.
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Court ruling could delay California water project
Legal News Feed |
2014/03/17 14:33
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A state appellate court has ruled that California water officials cannot go onto private property for soil testing and other studies related to construction of two massive tunnels that would siphon water from the Sacramento River.
Nancy Vogel of the state's Department of Water Resources said Friday that officials anticipated the ruling and work won't be delayed.
The decision handed down Thursday by the state's 3rd District Court of Appeal says an intrusion on private property without permission violates the California Constitution.
If built, the Bay Delta Conservation Plan — estimated to cost billions of dollars — would send fresh water around the Sacramento-San Joaquin Delta to Central and Southern California.
The ruling stems from a lawsuit filed against the state by more than 150 property owners in Sacramento, San Joaquin, Yolo, Solano and Contra Costa counties.
The three-judge panel ruled 2-1 in a 44-page decision with the majority opinion saying the state must adhere to eminent domain laws, which give property owners the right to a jury trial to determine a fair payment for taking away their land.
Acts such as testing soil, observing or trapping animals either by driving onto property, using boats or going on foot amount to "taking" and trigger the need for eminent domain proceedings, the majority opinion said. |
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Court declines to take up Episcopal Church dispute
Legal News Feed |
2014/03/14 14:58
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The Supreme Court has declined to wade into a dispute between the Episcopal Church and a conservative congregation that left the denomination in a rift over homosexuality and other issues.
The justices on Monday rejected an appeal from The Falls Church, one of seven Virginia congregations that broke away from the Episcopal Church in 2006 and aligned itself with the more conservative Anglican Church of North America.
The breakaway congregation in suburban Washington, D.C., claimed a right to keep the church building and surrounding property. But the Virginia Supreme Court ruled the Episcopal Church retained ownership of the historic church.
The Falls Church was one of seven Virginia congregations that left the Episcopal Church because of theological differences, including the 2003 consecration of an openly gay bishop in New Hampshire.
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