|
|
|
High court asked to throw out oil refinery permit
Legal Watch |
2012/10/05 22:50
|
Opponents of a proposed $10 billion oil refinery in southeastern South Dakota on Wednesday asked the state Supreme Court to strike down a state permit that would let a Texas company to begin construction.
Gabrielle Sigel, an attorney for three groups fighting the Hyperion Energy Center, said the Board of Minerals and Environment erred when it approved an air quality permit last year because its study did not include a full-blown environmental impact statement.
Sigel said the refinery would be the largest industrial project in state history and that the preparation of an impact statement should involve other agencies and evaluate a project's broader effect. State officials abused their discretion by bypassing that process, she said.
Attorneys for Hyperion and the board countered that an environmental impact statement is not required by state law that and board members took into account all relevant environmental issues when issuing the air quality permit.
The state Department of Environment and Natural Resources can require an impact statement but decided it wasn't necessary. "The board agreed," said Rick Addison, a Dallas-based attorney representing Hyperion. |
|
|
|
|
|
|
Federal court upholds Texas open meetings law
Legal Watch |
2012/09/29 23:05
|
A federal appeals court has upheld Texas' open meetings law as constitutional, rejecting a lawsuit that argued it stifled free speech for government officials.
The 1967 Texas Open Meetings Act prohibits a quorum of members of a governmental body from deliberating in secret. Violations are punishable by up to six months in jail and a $500 fine.
Officials from a group of 15 Texas cities, including Alpine, Arlington and Houston suburb Sugar Land, challenged the law in 2009. A U.S. district judge ruled against them, prompting an appeal the New Orleans-based 5th U.S. Circuit Court of Appeals.
A three-judge panel ruled Tuesday that the law promotes disclosure of speech and does not restrict it.
Texas Attorney General Greg Abbott called the decision a victory for open government. |
|
|
|
|
|
|
NY court protects French shoemaker's red soles
Legal Watch |
2012/09/05 23:04
|
A federal appeals court in Manhattan says the distinctive red soles of Christian Louboutin shoes are entitled to trademark protection.
The 2nd U.S. Circuit Court of Appeals on Wednesday ruled in favor of the French maker of luxury shoes worn by stars such as Sarah Jessica Parker, Scarlett Johansson and Halle Berry.
The court says Louboutin is entitled to protect its brand against red-soled shoes made by competitor Yves Saint Laurent S.A.S., which is also based in Paris.
The U.S. Patent and Trademark Office in 2008 had granted the trademark protection to Louboutin.
Louboutin has applied glossy vivid red to the outsoles of women's shoes since 1992. The shoes sell for up to $1,000 a pair. |
|
|
|
|
|
|
NC regulators hire law firm to probe Duke Energy
Legal Watch |
2012/08/17 18:12
|
North Carolina utilities regulators said Wednesday they have hired a former federal prosecutor with experience digging into corporate affairs to reveal whether regulators were misled ahead of a takeover that created America's largest electric company.
The North Carolina Utilities Commission said it has hired Anton Valukas and the Jenner & Block law firm, which he heads in Chicago. The ex-prosecutor and his firm are tasked with investigating what happened before regulators approved Charlotte-based Duke Energy Corp. taking over Raleigh-based Progress Energy Inc.
State law allows the costs associated with the utilities commission's investigation to be charged to Duke Energy and its shareholders rather than allowing the company to pass them along to its 3.2 million North Carolina customers.
A Duke Energy spokesman said the company was cooperating with regulators in their investigation.
The company on Wednesday separately sought to begin passing along to Carolinas energy consumers the first $89 million of $650 million in merger-related savings promised over the next five years. If that is approved, the average residential customer in North Carolina and South Carolina could save between 80 cents and 92 cents a month beginning in September. |
|
|
|
|
|
|
Ind. court upholds life sentence for teen killer
Legal Watch |
2012/08/03 00:03
|
The Indiana Supreme Court on Tuesday upheld a sentence of life without parole for a teenager who said he wanted to be like the fictional television serial killer Dexter a few weeks before strangling his 10-year-old brother.
Andrew Conley was 17 in November 2009 when he killed his brother, Conner, while wrestling in their home near Rising Sun and dumped the boy's body in a park. He unexpectedly pleaded guilty in September 2010, averting a murder trial.
In the 3-2 ruling, the justices said Conley acted "as if nothing was out of the ordinary" after the killing. According to testimony during the five-day sentencing hearing, Conley joked with his mother and watched football the day after he killed Conner.
Conley told police he fantasized about killing people since he was in eighth grade. A few weeks before the killing, Conley told his girlfriend that he wanted to be just like the TV serial killer as they walked on the trail where he later disposed of his brother's body.
Three different psychological experts who interviewed Conley all said he was seriously mentally ill, but his appellate lawyer, Leanna Weissmann, said the judge gave too much credence to a psychologist's testimony that the teen could be a psychopath. |
|
|
|
|
|
|
Court rejects Florida prison privatization appeal
Legal Watch |
2012/07/27 18:48
|
An appellate court on Tuesday tossed out Attorney General Pam Bondi's request for a decision to uphold the proposed privatization of 29 South Florida prison facilities.
A three-judge panel of the 1st District Court of Appeal rejected her plea to reverse a lower court's ruling against privatization, saying Bondi couldn't appeal on her own after her client, the Department of Corrections, declined to do so. The panel unanimously dismissed the case because Bondi was not a party.
"A party who suffers an adverse judgment in Circuit Court has the right to appeal, but nonparties whose rights have not been adjudicated have no right of appeal," Chief District Judge Robert Benton wrote for the court.
Leaders of the Republican-controlled Legislature had urged Bondi to appeal after Gov. Rick Scott decided the department, which is part of his administration, would not.
One of Bondi's assistants acknowledged during oral argument last month that it was too late to carry out the privatization due to the expiration of a budget provision authorizing the plan. Nevertheless, Assistant Attorney General Jonathan Glogau asked the appellate court to issue a ruling upholding the privatization provision that would set a precedent for future budgets. |
|
|
|
|
|
|
Cal Supreme Court rules in child death case
Legal Watch |
2012/07/06 23:33
|
Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.
The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.
"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.
"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.
The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.
The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle. |
|
|
|
|
|
Legal News RSS Feed
