Court agrees to review Alaska Roadless Rule case
Headline Legal News | 2014/09/02 23:47
A full federal appeals court will review the decision allowing Alaska's Tongass National Forest to be exempt from federal restrictions on road-building and timber harvests in "roadless" areas."

The 9th U.S. Circuit Court of Appeals on Friday announced an 11-member panel will review a split decision rendered by a three-judge panel in March, which said the U.S. Department of Agriculture had legitimate grounds in 2003 to temporarily exempt the Tongass from the Roadless Rule.

Earthjustice attorney Tom Waldo said by phone from Juneau that the decision was great news for residents of southeast Alaska.

"This case is about the wild and undeveloped part of the Tongass, which are really important for hunting, fishing, tourism and recreation," he said. "These are the driving forces of the local economy, and today's order ensures that those places will remain protected until the court can give the issue a thorough review."

"Today's decision is extremely disappointing," said Sharon Leighow, spokeswoman for Gov. Sean Parnell. "It was the state's position that this case did not meet the criteria for a rehearing and was properly decided by the three-judge panel."

"As a result of today's ruling, the status of the Roadless Rule in the Tongass will remain in doubt well into 2015, further harming the economy in Southeast Alaska," she said in a statement.


Chris Brown due back in DC court for plea hearing
Legal Topics | 2014/09/01 23:46
Singer Chris Brown is scheduled to appear in a District of Columbia court for what would be a third attempt at a plea deal to resolve an assault case that dates to October 2013.

According to court filings, Brown was scheduled to appear in D.C. Superior Court on Friday for a plea hearing but was unable due to travel issues. The hearing was rescheduled for Tuesday at 9 a.m.

Bill Miller, a spokesman for the U.S. Attorney, confirmed Brown is due in court. But he declined to comment on the case.

In January and June, Brown rejected plea deals on a misdemeanor assault charge. At the time of the incident, Brown was on probation in California for a 2009 attack on his then-girlfriend singer Rihanna.

Brown's attorney, Stuart Sears, declined to comment on the case.


Guilty plea in California meat recall case
Legal Topics | 2014/08/28 18:40
A co-owner of a Northern California slaughterhouse accused of processing cows with cancer has pleaded guilty to a criminal charge.

The San Francisco Chronicle reports that 77-year-old Robert Singleton, co-owner of Petaluma-based Rancho Feeding Corp., entered the plea on Friday to aiding and abetting in the distribution of adulterated, misbranded and uninspected meat. He has agreed to work with prosecutors who have filed charges against the company's other owner, Jesse Amaral Jr., and two employees, Eugene Corda and Felix Cabrera.

They have pleaded not guilty.

Prosecutors say the company slaughtered dozens of cows with skin cancer of the eye, and plant workers swapped the heads of diseased cattle with those of healthy cows.

Operations were halted in February after a series of recalls, including one for 8.7 million pounds of beef.


Washington high court to hear charter school case
Headline Legal News | 2014/08/19 21:55
The Washington Supreme Court has agreed to consider whether the state's voter-approved charter school law violates the state constitution.

Oral arguments concerning the lawsuit brought by charter school opponents have been scheduled for the afternoon of Oct. 28.

A King County Superior Court judge found in December that parts of the new law are unconstitutional. Judge Jean Rietschel's decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.

Both sides asked the Supreme Court to skip the appeals court process and directly review the case.

Attorney Paul Lawrence says the briefs to the court and the oral arguments will focus on that part of the lawsuit.

The state's charter school system was approved by voters in 2012.


Brazil's Supreme Court elects new president
Legal Topics | 2014/08/19 21:53
Brazil's Supreme Court has elected a new president to replace the body's first black justice, who announced his early retirement in June.

Nine of the court's 10 judges elected Ricardo Lewandowski as the new chief justice Wednesday to succeed Joaquim Barbosa. The choice was not a surprise because the Supreme Court's presidency always goes to the justice who has sat on the bench the longest.

Barbosa is the only black to ever serve on Brazil's top court. He presided over a high-profile corruption trial in 2012 that sent more than 20 people to jail in a congressional payoff scheme. The case made him a household name and he was frequently mentioned as a potential presidential candidate, but he has said he has no desire to run for elective office.


Appeals court OKs permits for Upper Peninsula mine
Headline Legal News | 2014/08/13 22:04
The Michigan Court of Appeals has upheld a decision by state environmental regulators to allow construction of a nickel and copper mine in the Upper Peninsula.

A three-judge panel unanimously sided with the Department of Environmental Quality, which issued mining and groundwater discharge permits to Kennecott Eagle Minerals Co. The Marquette County mine is now owned by Lundin Mining Corp.

DEQ officials approved a mining permit for the project in 2007, drawing legal challenges from environmentalists and the Keweenaw Bay Indian Community. A DEQ administrative law judge and a circuit court judge affirmed the department's decisions, and opponents took the case to the Court of Appeals.

The mine has been constructed and is scheduled to begin producing minerals this fall.


Court considers if executioners can be named
Legal Topics | 2014/08/13 22:04
A Tennessee appeals court is considering whether 10 death row inmates have the right to know about the drugs that will be used in their executions and whether their lawyers can get the names of the people who will kill them.

The Tennessean reports that the state Court of Appeals heard oral arguments Monday in the lawsuit brought by the inmates. They sued after the legislature passed a law that keeps details about lethal injection secret.

Lawyers for the state argued that a Nashville judge overstepped her authority when she ordered officials to turn over the names of the execution team to the attorneys for the condemned prisoners. The lower court ruled the names must be released but said neither the public nor the inmates could have them.

"We are here today because for the first time in the history of lethal injection in the state of Tennessee a court has ordered the state to disclose the identities of those people who are involved in the lethal injection process," said Special Assistant Attorney General Kyle Hixson said. "This is an abuse of discretion."

Assistant federal public defender Stephen Kissinger, who represents some of the inmates, argued that there's no "executioner's privilege" that would stop the state from releasing the identities of the execution team in a court case because they would be sealed.

He said a ruling that would allow the state to keep such information secret would have far-reaching implications.


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