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Appeals court upholds proposed bullet train route
Court News |
2014/07/28 13:34
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A state appeals court on Thursday upheld a proposed route for California's high-speed rail line connecting the San Francisco Bay Area to the Central Valley.
The decision is a short-term win for Gov. Jerry Brown, who has prioritized the $68-billion project that has become bogged down by legal and regulatory challenges.
The Third District Court of Appeals in Sacramento heard an appeal from San Francisco Bay Area cities arguing that a planned path through Pachecho Pass hurts the environment.
The state argued the project was exempt from the California Environmental Quality Act because it is overseen by the federal Surface Transportation Board.
The court upheld the environmental review but also said the project must still abide by state environmental rules.
"Today's court ruling reaffirms our successful compliance with the California Environmental Quality Act," Lisa Marie Alley, a spokeswoman for the California High-Speed Rail Authority, said in a written statement.
Plaintiffs' attorney Stuart Flashman says it's not clear if his clients will appeal to the California Supreme Court. He noted that the ruling preserved a valuable tool for future challenges. |
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Montana court sends wind farm clash to California
Court News |
2014/07/21 15:56
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A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.
The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.
NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.
The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.
SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.
Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month. |
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Appeals court to take up Missouri execution case
Court News |
2014/07/17 12:13
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A last-minute stay from a federal judge has put a Missouri inmate's execution temporarily on hold.
John Middleton was scheduled to die one minute after midnight Wednesday for killing three people in rural northern Missouri in 1995. With less than two hours to go before the execution, U.S. District Judge Catherine Perry granted a stay, ruling there was enough evidence of mental illness that a new hearing should be held.
Courts have established that executing the mentally ill is unconstitutional.
Missouri Attorney General Chris Koster appealed to the 8th U.S. Circuit Court of Appeals, but that court adjourned for the night without a ruling.
It was a confusing end to a day that saw a flurry of court actions. Perry first granted a stay early Tuesday, but that was overturned by the appeals court. The U.S. Supreme Court refused to overturn the appeals court ruling and declined to halt the execution on several other grounds, including the contention by Middleton's attorneys that he was innocent of the crimes.
Middleton's attorneys then went back to Perry, who once again granted a stay.
However the appeals court eventually rules, the case is likely to end up again in the U.S. Supreme Court.
If the stay is lifted, the state could execute Middleton at any time Wednesday. The death warrant expires at midnight Thursday and if Middleton is not executed by then, the Missouri Supreme Court would have to set a new date. State witnesses and media were told to report back to the prison by 10:30 a.m.
Middleton, 54, would be the sixth man put to death in Missouri this year — only Florida and Texas have performed more executions in 2014 with seven each.
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Court kills New Jersey bid to block ocean blasting
Court News |
2014/07/15 13:35
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A federal appeals court on Monday cleared the path for seismic testing off the coast of New Jersey that will blast the floor of the Atlantic Ocean with loud noises as part of a climate change research project.
The 3rd Circuit U.S. Court of Appeals rejected New Jersey's request to block the testing off Long Beach Island, which aims to use acoustic research to examine sediment dating back tens of millions of years. The barrier island stretches along the central New Jersey coast for about 18 miles.
Environmentalists, fishing groups and some elected officials oppose the work, saying it could harm or kill marine life including dolphins, turtles and whales. But the groups planning the research say they will do everything possible to minimize disruptions to marine life, including stopping the project when animals are seen nearby.
"Needless to say, we are extremely disappointed with this ruling and the fact that the federal government is pushing it at this time of year," said Larry Hajna, a spokesman for the state Department of Environmental Protection, which had sought a court order to block the testing. |
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Court: No unemployment for teacher who quit early
Court News |
2014/06/16 15:10
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Washington's Supreme Court says a Spanish teacher who tried to do his school district a favor by quitting early -- instead of in the middle of the school year -- was not entitled to unemployment pay.
Robert Campbell taught in University Place for six years before his wife learned she had won a Fulbright grant to study in Finland in 2011. Campbell asked for a leave of absence so he and the couple's 3-year-old daughter could go along, but the district denied it.
So Campbell had two options: He could quit in June 2010, giving the district time to hire someone else before the next school year, or he could quit in the middle of the school year. He chose the former.
The state denied him unemployment benefits, saying that to be eligible in such circumstances, people must stay in their job as long as reasonably possible before following their spouses. The court unanimously upheld the decision. |
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Coast Guard cadet won't be court-martialed
Court News |
2014/06/13 11:35
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A U.S. Coast Guard Academy cadet accused of entering a classmate's room and touching her leg will not face a court martial, the academy said Thursday.
Its superintendent agreed with the recommendations of an investigating officer that reasonable grounds did not exist to support the charge of abusive sexual contact against cadet Alexander Stevens. The superintendent, Rear Adm. Sandra Stosz, also agreed with a recommendation to impose nonjudicial punishment on Stevens for unlawfully entering a cadet barracks room while drunk and touching another cadet on the leg, Coast Guard officials said.
The academy did not disclose details of the punishment, citing Stevens' privacy rights. Nonjudicial punishment may include a reprimand, arrest in quarters for up to 30 days, pay forfeiture or expulsion from the academy.
"The academy has remained committed to providing all needed support to the victim, ensuring a full and fair proceeding in compliance with the Uniform Code of Military Justice and holding those who commit misconduct accountable for their actions," said Capt. James McCauley, the commandant of cadets.
In September, Stevens said, he went into the fellow cadet's room by mistake, believing it was his girlfriend's room, an investigator testified.
He was drunk at the time and made a mental mistake, Lt. John Cole, who represented Stevens, said during a pretrial investigation at the academy in April.
The classmate testified that a man entered her room in the middle of the night, touched her on her thigh and moved his hand up her leg before she screamed and kicked him. The cadet said she found it hard to sleep and concentrate after the encounter, and her grades suffered. |
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