|
|
|
Court reinstates whistleblower case at nuke site
Legal Center |
2014/11/11 13:40
|
An appeals court reinstated a lawsuit filed by a whistleblower at the Hanford Nuclear Reservation who claims he was fired by a subcontractor after raising safety issues at the nation's most polluted nuclear weapons production site.
In its ruling Friday, the 9th U.S. Court of Appeals also said plaintiff Walt Tamosaitis is entitled to a jury trial.
The appeals court ruled that a lower court wrongly dismissed the case against the primary subcontractor on construction of a Hanford vitrification plant intended to deal with the most dangerous wastes, the Tri-City Herald reported.
"We are anxious to get into court as soon as we can," Tamosaitis' attorney, Jack Sheridan said.
Hanford, located near Richland, Washington, for decades made plutonium for nuclear weapons and now contains the nation's largest collection of radioactive wastes.
The lawsuit will continue with only URS Energy and Construction as a defendant. The 9th Circuit ruled that it had been appropriate to dismiss the U.S. Department of Energy from the lawsuit.
It's the first time a court of appeals has confirmed that whistleblowers are entitled to a jury trial, Sheridan said.
"It puts them on equal footing with other victims of discrimination," he said.
Tamosaitis contends the subcontractor removed him as the research and technology manager of the unfinished $12.2 billion vitrification plant project after he said more time was needed to resolve complex technical issues. Construction on the plant has since stopped because of technical and safety issues. |
|
|
|
|
|
|
Court rejects appeal over Senate filibuster rules
Legal Center |
2014/11/04 15:00
|
The Supreme Court on Monday rejected an appeal from a public interest group and four members of Congress who challenged the Senate filibuster as unconstitutional.
The justices let stand a lower court ruling that said Common Cause and the lawmakers did not have legal standing to pursue the case.
The plaintiffs argued that Senate rules requiring at least 60 votes to bring legislation to a vote violates the constitutional principle of majority rule. A federal appeals court said the lawsuit was filed against the wrong parties.
The case was brought against Vice President Joe Biden in his role as president of the Senate, and against the Senate's secretary, parliamentarian and sergeant at arms.
Common Cause says it can't sue the Senate directly because that is barred under the Constitution's Speech and Debate Clause.
Last year, the Senate voted to end use of the filibuster rule from blocking most presidential nominees. Democrats said they ended the rule out of frustration that Republicans were routinely using the tactic to block President Barack Obama's nominees for pivotal judgeships and other top jobs.
But 60 votes are still required to end filibusters against legislation. |
|
|
|
|
|
|
Appellate court overturns high-speed rail rulings
Legal Center |
2014/08/05 15:37
|
A state appellate court on Thursday overturned two lower court rulings that had stalled funding for California's $68 billion bullet train, handing a big win to Gov. Jerry Brown's signature project and allowing the state to resume selling bonds to pay for it.
The court overturned rulings by Sacramento County Superior Court Judge Michael Kenny last year in which he said the high-speed rail project no longer complies with the promises made to voters in 2008 when they approved selling nearly $10 billion in bonds. In siding with Kings County and Central Valley landowners, Kenny invalidated the sale of $8.6 billion in state bonds and ordered the California High-Speed Rail Authority to write a new funding plan.
Attorneys for the plaintiffs had argued that the state failed to identify all the funding for the first full segment of the rail line in the Central Valley, a cost of about $26 billion, and instead had found just $6 billion to pay for construction. They also argued the state did not have all the necessary environmental clearances as voters were promised.
|
|
|
|
|
|
|
Court schedules night deer hunting arguments
Legal Center |
2014/08/05 15:36
|
Wisconsin's Chippewa tribes will get a chance next month to tell a federal appeals court why members should be allowed to hunt deer at night.State officials have long banned night hunts out of safety concerns.
U.S. District Judge Barbara Crabb ruled in the early 1990s that the ban applies to Chippewa hunters.The tribes asked Crabb in 2012 to reconsider her decision but she refused.
The Chippewa have since asked the 7th Circuit Court of Appeals in Chicago to allow tribal night hunts, arguing night hunting has become more common and the state can't argue it's unsafe.
The court has set oral arguments for Sept. 16. The tribes and state attorneys will each get 20 minutes to speak. It's not clear when the court might rule. |
|
|
|
|
|
|
Court further limits reach of gas drilling law
Legal Center |
2014/07/21 15:57
|
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. |
|
|
|
|
|
|
Suspect in bodies-in-suitcases case due in court
Legal Center |
2014/07/17 12:12
|
A former police officer charged with dumping two bodies in suitcases along a rural Wisconsin road is due to enter a plea.
Fifty-two-year-old Steven Zelich is scheduled to attend a plea hearing in Walworth County Circuit Court Thursday on two counts of hiding a corpse.
Zelich's attorney, Travis Schwantes, says the charges might not stand up because prosecutors need to show the former West Allis officer tried to conceal a crime. Schwantes says Zelich claims he killed the two women in the suitcases accidentally during sexual encounters.
Authorities say homicide charges are expected to be filed in the counties where the women died. The bodies of 19-year-old Jenny Gamez, of Cottage Grove, Oregon, and 37-year-old Laura Simonson, of Farmington, Minnesota, were found in the suitcases by highway workers June 5. |
|
|
|
|
|
Lawyer News RSS Feed
