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Kentucky leader pleads guilty in kickbacks scheme
Press Release | 2014/08/27 12:36
Circular saws squealed and construction workers hammered away on buildings, part of this Appalachian area's painstaking recovery from a deadly 2012 tornado.

About 60 miles away, inside in a federal courtroom Tuesday in Lexington, the elected official who led the reconstruction in Morgan County sobbed as he pleaded guilty to a fraud charge stemming from a kickback scheme.

Judge-Executive Tim Conley, the county's top official, received $120,000 to $200,000 to steer work to a contractor in a scheme that started three years before the tornado and continued while the town struggled to rebuild, prosecutors said. Conley could spend years in prison.

His supporters had a hard time believing the three-term Republican had gone astray.

"Everybody respected Tim Conley," said Morgan County resident Steve Gullett. "I just didn't think that he'd be caught up in something like this. It's heartbreaking."

The recovery has been slow in West Liberty, the county seat ravaged by a tornado on March 2, 2012. The new judicial center has opened, and a few businesses have sprung up downtown. A bank that anchored downtown is being rebuilt, but construction is in its early phases, leaving a massive gap in the tiny downtown.


Court further limits reach of gas drilling law
Press Release | 2014/07/21 15:45
A Pennsylvania court has further limited the reach of a major 2012 law that modernized drilling regulations, ruling Thursday that state public utility regulators cannot review how local zoning restrictions affect the natural gas industry.

The Commonwealth Court decision threw out the Public Utility Commission's newly authorized power to withhold drilling fee revenue from municipalities whose zoning it deems to illegally restrict drilling activity.

The decision is another blow to an effort by Gov. Tom Corbett and the Republican-controlled Legislature to respond to the drilling industry's complaints about municipal zoning. It follows a state Supreme Court ruling in December that said the law could not strip local zoning authority over drilling activity, such as the placement of rigs, pipelines, waste pits and compressor stations.

John M. Smith, a Pittsburgh-area lawyer who helped represent the seven municipalities that sued, said they were pleased that the court "once again protected the rights of local governments and Pennsylvania citizens."

The Commonwealth Court ruling rejected three other challenges in the lawsuit to elements of the sprawling law.

Those three victories led Corbett's office to say the opinion "speaks volumes to the constitutionality of state regulation of oil and gas activities." A spokesman would only say that the office is evaluating the impact of the ruling on the intended role of the utility commission.


California high court to decide defibrillator case
Press Release | 2014/06/23 12:35
The California Supreme Court will decide whether large retailers in the state are required to have defibrillators on hand to help treat customers and workers who suffer sudden cardiac arrest.

The high court said it will issue an opinion Monday morning. The devices deliver a jolt of electricity to a stalled heart and help victims recover.

For two decades, an increasing number of public places in the U.S. have been required to have automated external defibrillators on hand, including government buildings, airports and many other public places. A Los Angeles-area family who lost a relative to sudden cardiac arrest while shopping in Target filed a lawsuit to require large retailers to join the list.

During oral arguments in May, a majority of the seven-judge court appeared cool to the idea.


Court: BP must pay Clean Water Act fines for spill
Press Release | 2014/06/06 14:23
The owners of the blown-out Macondo well cannot avoid federal fines for the 2010 oil spill by blaming another company's failed equipment, a federal appeals court ruled Wednesday.

The oil came from a well owned by BP and Anadarko Petroleum Corp., so they are liable, the 5th U.S. Circuit Court of Appeals said. It upheld a 2012 ruling by U.S. District Judge Carl Barbier, who has scheduled a trial in January to help decide how much the oil giant owes in federal Clean Water Act penalties.

"We hope the court's decision will be one more step toward reaching a just conclusion for the American people," U.S. Justice Department spokesman Wyn Hornbuckle said in an email.

Transocean Ltd., which owned the Deepwater Horizon drilling rig and the blowout preventer, pleaded guilty last year to a misdemeanor Clean Water Act violation and agreed to pay a $1 billion fine.

Anadarko is reviewing Wednesday's ruling and its options, spokesman John Christiansen said in an email.

Loyola University law professor Blaine LeCesne said he doubts Anadarko will have to pay much, if anything, in Clean Water Act fines because its partnership gave BP complete control over how the well was drilled and run. In 2011, Anadarko agreed to pay BP $4 billion. BP said that payment would be part of its $20 billion fund to compensate people and businesses hurt by the spill.


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