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Supreme Court deadline nears for suit over wetland loss
Industry News |
2017/07/11 11:54
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A Louisiana flood board is nearing a deadline for asking the U.S. Supreme Court to review its lawsuit seeking to make oil and gas companies pay for decades of damage to coastal wetlands.
Federal district and appeals courts have rejected the lawsuit, which was met by fierce opposition from the energy industry and many in state government when it was filed in 2013. The suit by the Southeast Louisiana Flood Protection Authority East said drilling and dredging activity contributed to loss of wetlands that form a hurricane buffer for New Orleans.
Oil industry supporters have labeled the lawsuit an attack on a vital industry. Tuesday marks the deadline for the flood board attorneys to seek Supreme Court review after their last defeat in April.
A federal district judge's 2015 ruling held that federal and state law provided no avenue by which the board could bring the suit.
A three judge panel of the 5th U.S. Circuit Court of Appeals upheld the ruling in March and the full 15-member court refused a rehearing in April. Lawyers for the flood board had a 90-day window to seek Supreme Court review.
Flood authority lawyers have argued that the flood board has the right to seek compensation for levee damage under the federal Rivers and Harbors Act. They also argued that federal judges should not have allowed the case to be moved to federal court from the state court where it originally was filed.
Meanwhile, some coastal parishes are pursuing coastal damage suits in state courts on different legal grounds. Gov. John Bel Edwards, a Democrat, has urged the energy companies to work toward a settlement. Industry leaders have resisted, saying the suits are meritless.
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Groups sue seeking court oversight of Chicago police reforms
Industry News |
2017/06/14 23:47
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Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight.
The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge.
"Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago."
While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree.
Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations."
Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time."
A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.
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Trump tabs Minnesota Justice Stras for federal appeals court
Industry News |
2017/05/07 16:07
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Minnesota Supreme Court Associate Justice David Stras, who was nominated by President Donald Trump to the 8th U.S. Circuit Court of Appeals on Monday, once clerked for U.S. Supreme Court Justice Clarence Thomas and believes in a limited role for the judiciary.
Stras, 42, a former University of Minnesota Law School professor, was on Trump's list of possible Supreme Court nominees. The 8th Circuit serves Minnesota, North Dakota, South Dakota, Iowa, Nebraska, Missouri, and Arkansas.
The nomination is subject to Senate confirmation. Sen. Al Franken, a member of the Senate Judiciary Committee, said in a statement he would take a close look at Stras' record. He criticized a nomination process that he said "relied heavily on guidance from far-right ... special interest groups."
Stras planned to issue a statement later Monday.
When Stras was appointed to the Minnesota court in 2010 by then-Gov. Tim Pawlenty, Thomas traveled to Minnesota to administer the oath.
"I remain mindful that the role of a judge is a limited one, and that judges can't solve every problem," Stras said then. "But at the same time, judges play a crucial role in safeguarding liberty and protecting the rights of all citizens."
Stras has held to those beliefs, said Peter Knapp, a professor at Mitchell Hamline School of Law. |
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Joaquin 'El Chapo' Guzman returns to court in drug case
Industry News |
2017/05/05 16:26
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Mexican drug lord Joaquin "El Chapo" Guzman is returning to a Brooklyn courtroom Friday, a day after a judge rejected his request to be allowed in the general inmate population.
The 59-year-old defendant famous for twice escaping from prison in Mexico lost his bid Thursday to relax the terms of his confinement at a lower Manhattan lockup when U.S. District Judge Brian Cogan concluded that solitary confinement was appropriate.
Cogan said the U.S. government had good justifications for applying tough jail conditions on a man who escaped twice, including once through a mile-long tunnel stretching from the shower in his cell. But Cogan relaxed the restrictions known as Special Administrative Measures enough for Guzman to communicate with his wife through written questions and answers.
His lawyers said in a statement that it was "devastating" for Guzman and his wife that they will not be allowed jail visits.
Guzman was brought to the U.S. in January to face charges that he oversaw a multi-billion dollar international drug trafficking operation responsible for murders and kidnappings. He has pleaded not guilty.
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