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Montana court sends wind farm clash to California
Headline News |
2014/07/22 20:55
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A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.
The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.
NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.
The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.
SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.
Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month. |
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Utah to appeal gay marriage ruling to high court
Headline News |
2014/07/11 18:13
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Utah has decided to go straight to the U.S. Supreme Court to argue against gay marriage, meaning the nation's highest court will have at least one same-sex marriage case on its plate when it returns in October.
The office of the Utah attorney general announced Wednesday that it would bypass a full appeals court and take the gay marriage case to the Supreme Court instead.
If the U.S. Supreme court decides to take the case, it will be the first time the top court considers gay marriage since justices last year struck down part of the federal Defense of Marriage Act. The high court is under no obligation to the take the case, and it could wait for rulings from one or more of the five other appellate courts with gay marriage cases pending, legal scholars say.
Utah's appeal is of a June 25 ruling from a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver, which found states cannot deprive people of the fundamental right to marry simply because they choose partners of the same sex. The panel immediately put the ruling on hold pending an appeal. |
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Chile court: US had role in 'Missing' killings
Headline News |
2014/07/01 19:00
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A Chilean court said U.S. military intelligence services played a key role that led to the 1973 killings of two Americans in Chile in a case that inspired the Oscar-winning film "Missing."
A court ruling released late Monday said former U.S. Navy Capt. Ray E. Davis gave information to Chilean officials about journalist Charles Horman and student Frank Teruggi that led to their arrest and execution just days after the 1973 coup that brought Gen. Augusto Pinochet to power.
"The military intelligence services of the United States had a fundamental role in the creation of the murders of the two American citizens in 1973, providing Chilean military officers with the information that led to their deaths," the ruling by Judge Jorge Zepeda said.
Zepeda also upheld the decision to charge retired Chilean army Col. Pedro Espinoza with the murders, and Rafael Gonzalez, a former civilian counterintelligence agent, as an accomplice in Horman's murder. The two Chileans and Davis had been indicted in 2011.
Davis commanded the U.S. Military Mission in Chile at the time of the Sept. 11, 1973, American-backed coup that ousted the democratically elected government of leftist President Salvador Allende. Davis was investigating Americans in Chile as part of a series of covert intelligence operations run out of the U.S. Embassy targeting those considered to be subversives or radicals, according to the judge's investigation. |
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Billionaire pleads guilty to sexual assault charge
Headline News |
2014/06/10 19:56
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A Wisconsin billionaire has pleaded guilty to a misdemeanor charge of having sexual contact with a teenage girl.
Fifty-nine-year-old Samuel "Curt" Johnson III of Racine was originally charged with a felony count of child sexual assault. But prosecutors sought to downgrade the charge after they say the victim and her mother refused to cooperate.
Before sentencing Friday, Johnson apologized to the victim and her mother for "the tremendous hurt I have caused."
Judge Eugene Gasiorkiewicz allowed the downgrade of charges. Then he sentenced Johnson to four months in jail, short of the one-year maximum. Johnson was also fined $6,000.
Johnson's family has run home-products giant SC Johnson for five generations. Johnson worked for the company decades ago but has had no formal relationship with the company in years. |
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Court gives OJ lawyers a week to resubmit appeal
Headline News |
2014/06/03 20:24
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O.J. Simpson's lawyers were given another week Friday to reformat and resubmit an appeal to the Nevada Supreme Court seeking a new trial in the kidnapping and armed robbery case of the former football star.
In the order, Chief Justice Mark Gibbons agreed to accept a supersized 20,000-word document that Simpson's lawyers had submitted before a May 21 deadline if it complies with court formatting rules.
"Basically they want it to be double-spaced," court spokesman Michael Sommermeyer said.
The document hasn't been made public, and the seven justices haven't decided whether to rehear oral arguments in case. The court rejected an initial appeal by Simpson in September 2010.
Simpson attorney Patricia Palm said she was glad the justices agreed to accept the 19,933 words she submitted nine days ago. The new deadline is June 6.
Palm noted the court frequently accepts briefs longer than its 14,000-word limit in complex cases.
Palm and Simpson appeal lawyers Ozzie Fumo and Tom Pitaro want the court to reconsider the contention that Simpson got bad legal advice, that his trial lawyer had a conflict of interest, and that Simpson's 2008 Las Vegas trial was tainted by his notoriety. |
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Federal court upholds California water transfer
Headline News |
2014/05/20 19:24
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A federal appeals court says environmental reviews were properly done on the nation's largest farm-to-city water transfer, the latest ruling to uphold a 2003 agreement on how California agencies divide that state's share of Colorado River water.
A three- judge panel of the 9th U.S. Circuit Court of Appeals ruled Monday that federal authorities properly considered how the transfer from Imperial County to San Diego would affect the Salton Sea, California's largest lake. The shrinking lake relies on water runoff from Imperial Valley farms.
The ruling upholds a decision by U.S. District Judge Anthony Battaglia in San Diego. Imperial County and the Imperial County Air Pollution Control sued in 2009, alleging violations of the National Environmental Policy Act. |
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California court charging for online access
Headline News |
2014/05/16 22:22
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A Northern California county has begun charging people to look at civil court records online — part of a trend at cash-strapped courthouses around the state that is raising concerns among some lawyers and public access groups, a newspaper reported.
As of April 23, Alameda County Superior Court charges $1 for each of the first five pages of a civil court record downloaded online, the Oakland Tribune reported on Monday.
The per-page viewing cost drops to 50 cents after the fifth page, and there is a $40 maximum charge for any single document.
Sacramento County Superior Court is implementing a similar fee structure this summer, the Tribune reported. Fees in the Los Angeles County Superior Court system start at $4.75 for each record search. Santa Clara County plans to begin charging in two to four years, according to the Tribune.
Court officials say the fees help make up for cuts in state aid.
"There's a budget crisis in the courts," said Teresa Ruano, spokeswoman for the state's Administrative Office of the Courts. "Revenue is part of the solution, a small part of the solution."
Each court decides whether it wants to charge a fee for records, though the state sets the maximum amount that can be charged for both paper and online records. Some counties don't put records online, forcing people to come in and visit the clerk's office. |
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