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Court Upholds Rifle Sales Reporting Requirement
Network News | 2013/06/02 11:06
A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.

The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.

But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.

The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one.



Court date set for case involving dress code
Legal Business | 2013/06/01 11:07
A federal judge has set a trial date for a case challenging how three school administrators enforced the dress code at a Sumter County middle school.

The Item of Sumter reports that U.S. District Judge Joseph Anderson has set the trial for March.

In the lawsuit, Charles Smith alleges the enforcement of the dress code at Furman Middle School was arbitrary and caused humiliation for students.

The lawsuit alleges Smith's son was targeted by administrators after Smith started a petition campaign to have the school's principal removed. The lawsuit says the boy, who now attends a private school, was suspended for wearing a jacket with a Columbia logo.

The suit names the principal and two assistants. The district says the dress code enforcement was proper.


Wal-Mart pleads guilty in hazardous waste
Headline Topics | 2013/06/01 11:07
Wal-Mart Stores Inc. will pay $81.6 million after pleading guilty on Tuesday to criminal charges of improperly disposing of fertilizer, pesticides and other hazardous products that were pulled from stores in California and Missouri because of damaged packaging and other problems.

The retail giant entered the plea in federal court in San Francisco to misdemeanor counts of violating the Clean Water Act and another environmental law regulating pesticides. The fine also settled Environmental Protection Agency allegations.

In Kansas City, Mo., the company pleaded guilty to improperly handling pesticides.

The plea agreements ended a nearly decade-old investigation involving more than 20 prosecutors and 32 environmental groups that has cost Wal-Mart a total of $110 million.

Court documents show illegal dumping occurred in 16 California counties from Del Norte to Orange between 2003 and 2005. Federal prosecutors said the company didn't train its employees on how to handle and dispose hazardous materials at its stores.

The result, prosecutors say, was that waste was tossed into trash bins or poured into sewer systems. The waste also was improperly taken to one of several product return centers throughout the U.S. without proper safety documentation, authorities said.


Court: Calif. erred in new lethal injection regs
Network News | 2013/06/01 11:06
Executions in California will remain suspended after a state appeals court ruled that corrections officials made several "substantial" procedural errors when they adopted new lethal injection rules.

The 1st District Court of Appeals said the California Department of Corrections and Rehabilitation failed to explain, as required by state law, why it was switching from a three-drug injection method to a single drug.

The court's opinion, which affirmed a lower court ruling, also said the agency misled the public by not providing the documents and information it used to reach its decision.

Corrections spokeswoman Deborah Hoffman said in an email that the agency was reviewing the ruling.

"In the meantime, at the governor's direction, CDCR is continuing to develop proposed regulations for a single-drug protocol in order to ensure that California's laws on capital punishment are upheld," Hoffman said.

California has not executed an inmate since 2006, when a federal judge halted the practice, finding that the three-drug mixture amounted to cruel and unusual punishment. The state was ordered to redo its capital punishment system.

Since then, California has built a new death chamber at San Quentin State Prison and trained a new team to carry out executions.


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