German court mulls jail for some over Munich air pollution
Legal Business | 2018/08/28 02:35
A German newspaper reports that judges are considering jailing senior Bavarian officials for failing to take action against air pollution in Munich, home to automaker BMW.

Daily Sueddeutsche Zeitung reported Monday that the southern German state's administrative court believes jailing officials may be the most effective way of forcing the Bavarian government to enforce emissions-cutting measures.

Munich topped the ranks of 65 German cities that exceeded levels of harmful particles last year. Bavarian officials have refused to impose measures in the state capital — such as limited bans on driving diesel vehicles — despite heavy fines.

According to the report, Bavarian judges want to seek legal guidance from the European Court of Justice on whether jailing officials — including state Environment Minister Marcel Huber and Governor Markus Soeder — would be permissible.



Court: EPA violated law on harmful pesticide, orders ban
Legal Business | 2018/08/13 20:25
A federal appeals court says the Trump administration endangered public health by keeping the top-selling pesticide chlorpyrifos on the market despite extensive scientific evidence that even tiny levels of exposure can harm babies' brains.

The 9th U.S. Circuit Court of Appeals in San Francisco ordered the Environmental Protection Agency to remove chlorpyrifos from sale in the United States within 60 days.

A coalition of farmworkers and environmental groups sued last year after then-EPA chief Scott Pruitt reversed an Obama-era effort to ban chlorpyrifos, which is widely sprayed on citrus fruits, apples and other crops.

In a split decision, the court said EPA violated federal law by ignoring the conclusions of agency scientists that chlorpyrifos is harmful. The pesticide is sold by Dow Agro Sciences and others.


Child remains found at New Mexico compound, man due in court
Legal Business | 2018/08/08 03:26
For months, neighbors worried about a squalid compound built along a remote New Mexico plain, saying they brought their concerns to authorities long before sheriff's officials first found 11 hungry children on the lot, and then the remains of a small boy.

Two men and three women also had been living at the compound, and were arrested following a raid Friday that came as officials searched for a missing Georgia boy with severe medical issues.

Medical examiners still must confirm whether the body found at the property in a second search on Monday is that of Abdul-ghani Wahhaj, who was 3 in December when police say his father took him from his mother in Jonesboro, Georgia.

The boy's father, Siraj Ibn Wahhaj, was among those arrested in the compound raid that has since resulted in the series of startling revelations on the outskirts of Amalia, a tiny town near the Colorado state line marked by scattered homes and sagebrush. Authorities said they found the father armed with multiple firearms, including an assault rifle.

Siraj Ibn Wahhaj was scheduled to appear in court Wednesday on a warrant from Georgia that seeks his extradition to face a charge of abducting his son from that state last December. He had expressed wanting to perform an exorcism on his son, the warrant said.

The group arrived in Amalia in December, with enough money to buy groceries and construction supplies, according to Tyler Anderson, a 41-year-old auto mechanic who lives nearby.

He said Tuesday he helped the newcomers install solar panels after they arrived but eventually stopped visiting.


Officer involved in militia leader's death named in court
Legal Business | 2018/08/01 20:50
A state police officer has accidently revealed the name of one of the officers who fatally shot a militia leader who participated in the armed takeover of an Oregon wildlife refuge.

The Oregonian/OregonLive reports the officer's name slipped out this week during the trial of indicted FBI agent W. Joseph Astarita, who accused of lying about firing shots toward Robert "LaVoy" Finicum's truck.

Authorities have concealed the officers' names for more than two years citing concerns about threats from militias.

People who were involved in or supported the refuge occupation have circulated the officer's name and photo online. Several threats toward the officer followed.

Finicum's widow and Ammon Bundy have spoken out against these actions. The occupiers seized the refuge in 2016 to protest the imprisonment of two Oregon ranchers.



Top court: Social media posts violate no-contact order
Legal Business | 2018/07/24 23:52
Social media posts can represent a violation of a protection order, the state's highest court ruled on Tuesday, affirming the conviction of a man who made threats on Facebook.

The Maine Supreme Judicial Court rejected Richard Heffron III's arguments that his Facebook comments were a protected form of speech, that the posts didn't constitute direct or indirect contact, and that he wasn't told that his posts represented a violation.

In its ruling, the court concluded Heffron's social media comments violated the court-approved no-contact order and were outside the realm of constitutional protections.

"The court correctly determined that Heffron's communications with the protected person fell short of those that deserve constitutional protection," Justice Jeffrey Hjelm wrote, noting that the conviction "did not place his First Amendment rights at risk."

Heffron and the woman with whom he'd had a relationship were no longer Facebook friends but still had friends in common. In the posts, Heffron referred to the woman by name and threatened to harm her. A friend brought the comments to the woman's attention.

James Mason, Heffron's attorney, said courts in other states have reached different conclusions but that the facts didn't perfectly align with the Maine case.

"Obviously I'm disappointed," Mason said. "I think that there was no evidence that he ever intended to have these comments reach her."

After being convicted, Heffron was ordered to serve 21 days in jail, which was the length of time he was jailed before posting bail. He also was sentenced to a year of probation.

Mason said the ruling served as a cautionary tale. "It lets people know that they do need to be careful about what they post on the internet," he said. "It makes it clear that you have limited First Amendment protections on the internet, especially on Facebook."


The Latest: Trump promises 'great' pick for Supreme Court
Legal Business | 2018/07/06 21:03
President Donald Trump is promising to select a "great" Supreme Court nominee to fill the vacancy of retiring Justice Anthony Kennedy

The president said Tuesday at a "Salute to Service" dinner in West Virginia that he "hit a home run" with Justice Neil Gorsuch, whom he picked for the nation's high court last year. Trump says, "We're going to hit a home run here."

Trump spoke to three potential Supreme Court nominees Tuesday before departing the White House.

On Monday, the president interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them.

The White House says President Donald Trump spoke Tuesday to three potential Supreme Court nominees.

White House spokesman Raj Shah disclosed the conversations. He did not detail with whom Trump had spoken Tuesday or say how many potential nominees Trump has now interviewed.

Trump has said he'll announce his pick July 9 and will chose from a list of 25 candidates.

Trump on Monday interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them.

He also spoke Monday to Republican Sen. Mike Lee of Utah. The senator's office characterized the call as an interview, but the White House would only say the two spoke.



The Latest: Trump promises 'great' pick for Supreme Court
Legal Business | 2018/07/06 21:03
President Donald Trump is promising to select a "great" Supreme Court nominee to fill the vacancy of retiring Justice Anthony Kennedy

The president said Tuesday at a "Salute to Service" dinner in West Virginia that he "hit a home run" with Justice Neil Gorsuch, whom he picked for the nation's high court last year. Trump says, "We're going to hit a home run here."

Trump spoke to three potential Supreme Court nominees Tuesday before departing the White House.

On Monday, the president interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them.

The White House says President Donald Trump spoke Tuesday to three potential Supreme Court nominees.

White House spokesman Raj Shah disclosed the conversations. He did not detail with whom Trump had spoken Tuesday or say how many potential nominees Trump has now interviewed.

Trump has said he'll announce his pick July 9 and will chose from a list of 25 candidates.

Trump on Monday interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them.

He also spoke Monday to Republican Sen. Mike Lee of Utah. The senator's office characterized the call as an interview, but the White House would only say the two spoke.



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