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Group takes oil refinery fight to North Dakota's high court
Attorney Career |
2019/03/27 12:00
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An environmental group is taking its battle against an oil refinery being developed near Theodore Roosevelt National Park to the North Dakota Supreme Court.
The National Parks Conservation Association argued in its Wednesday filing that an air quality permit issued by the state Health Department for the $800 million Davis Refinery and upheld by a state judge violates the federal Clean Air Act.
The Health Department after a two-year review determined the refinery will not be a major source of pollution that will negatively impact the park just 3 miles (5 kilometers) away. The permit the agency issued in June 2018 cleared the way for construction to begin. Meridian Energy Group began site work last summer and plans to resume construction this spring with a goal of having the refinery fully operational by mid-2021.
State District Judge Dann Greenwood ruled in January that the Health Department had effectively supported its position. Greenwood refused to declare the permit invalid and send the case back to the agency for a more rigorous review. The NPCA wants the Supreme Court to overrule him.
"Although the underlying permit contains a requirement for the Davis Refinery to keep monthly logs of its actual emissions ... the permit contains no requirement that the Davis Refinery install monitors to actually collect this data," association attorney Derrick Braaten said.
The group fears that pollution from the refinery will mar the park's scenery and erode air quality for wildlife and visitors. The park is North Dakota's top tourist attraction, drawing more than 700,000 people annually.
"With the decision to appeal, NPCA is fighting to protect the park that has inspired generations of conservationists," Stephanie Kodish, clean air program director for the association, said in a statement.
Roosevelt ranched in the region in the 1880s and is still revered by many for his advocacy of land and wildlife conservation.
Meridian maintains the facility will be "the cleanest refinery on the planet" thanks to modern technology and will be a model for future refineries. The company in a statement Wednesday said it does not comment on pending litigation.
State Air Quality Director Terry O'Clair said he had not had a chance to review the appeal but that "we're confident in the permit that was issued."
Meridian in late January obtained a needed state water permit . It still faces a separate state court battle related to the refinery's location. Two other environmental groups are challenging a decision by North Dakota regulators who concluded they were barred by state law from wading into the dispute over the site. |
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Detained Saudi women's rights activists brought to court
Attorney Career |
2019/03/13 16:53
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Women's rights activists in Saudi Arabia appeared in a closed-door court hearing Wednesday on unknown charges after being detained in a crackdown last year, making their first appearance before a judge in a case that has sparked international outrage.
The arrests came just before Saudi Arabia began allowing women to drive, something women's rights activists had been demanding for years. The arrests showed that King Salman and his 33-year-old son, Crown Prince Mohammed bin Salman, are willing to crack down on any opposition even while courting the West.
It also was sandwiched between the mass arrest of businessmen in what authorities said was a campaign against corruption, and the killing of Washington Post columnist Jamal Khashoggi at the Saudi Consulate in Istanbul.
Saudi authorities did not respond to requests for comment Wednesday, and Saudi state media did not immediately report on the hearing. Authorities barred Western diplomats and journalists from the hearing in Riyadh, a person with knowledge of the hearing told The Associated Press. The person spoke on condition of anonymity for fear of reprisal. |
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Ohio Republicans defending state congressional map in court
Attorney Career |
2019/03/11 12:35
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Attorneys for Ohio Republican officials will call witnesses this week to defend the state's congressional map.
A federal trial enters its second week Monday in a lawsuit by voter rights groups that say the current seats resulted from "an unconstitutional partisan gerrymander." Their witnesses have included Democratic activists and voters who have expressed frustration and confusion with districts that have stayed at 12 Republicans, four Democrats, since they were drawn ahead of the 2012 elections.
Attorneys for the Republican officials being sued say the map resulted from bipartisan compromise, with each party losing one seat after population shifts in the 2010 U.S. Census caused Ohio to lose two congressional seats.
Among potential GOP witnesses is former U.S. House Speaker John Boehner (BAY'-nur) of West Chester, Ohio.
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Ex-Illinois Rep. Aaron Schock to appear in court in Chicago
Attorney Career |
2019/03/07 12:55
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Former Illinois Rep. Aaron Schock is scheduled to appear in court for the first time since the U.S. Supreme Court declined to get involved in his corruption case.
A federal judge in Chicago set a Wednesday hearing for the 37-year-old, who once was a rising star of the Republican Party.
Schock resigned from Congress in 2015 amid scrutiny of his spending, including redecorating his office in the style of the "Downton Abbey" TV series. He was indicted in 2016 on 22 counts, i ncluding wire fraud and falsification of election commission filings.
Schock has pleaded not guilty. His attorneys argued the case should be dismissed, saying his prosecution violated separation-of-powers clauses. The Supreme Court declined last month to consider it.
The case was originally filed in central Illinois. The Justice Department transferred it to prosecutors in Chicago last year. |
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Court: Constitutional ban on high fines applies to states
Attorney Career |
2019/02/23 09:29
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The Supreme Court ruled unanimously Wednesday that the Constitution's ban on excessive fines applies to the states, an outcome that could help efforts to rein in police seizure of property from criminal suspects.
Justice Ruth Bader Ginsburg wrote the court's opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs' $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.
Reading a summary of her opinion in the courtroom, Ginsburg noted that governments employ fines "out of accord with the penal goals of retribution and deterrence" because fines are a source of revenue. The 85-year-old justice missed arguments last month following lung cancer surgery, but returned to the bench on Tuesday.
Timbs pleaded guilty, but faced no prison time. The biggest loss was the Land Rover he bought with some of the life insurance money he received after his father died.
Timbs still has to win one more round in court before he gets his vehicle back, but that seems to be a formality. A judge ruled that taking the car was disproportionate to the severity of the crime, which carries a maximum fine of $10,000. But Indiana's top court said the justices had never ruled that the Eighth Amendment's ban on excessive fines — like much of the rest of the Bill of Rights — applies to states as well as the federal government.
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High court rules for retired US marshal in W.Va. tax dispute
Attorney Career |
2019/02/21 09:28
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The Supreme Court said Wednesday that the state of West Virginia unlawfully discriminated against a retired U.S. marshal when it excluded him from a more generous tax break given to onetime state law enforcement officers.
The court ruled unanimously for retired marshal James Dawson.
West Virginia law exempts state law enforcement retirees, including former policemen and firefighters, from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees such as Dawson haven’t been getting that tax advantage.
Justice Neil Gorsuch wrote that because there aren’t any significant differences between Dawson’s former job responsibilities and those of state law enforcement retirees, “we have little difficulty concluding” that West Virginia’s law unlawfully discriminates against Dawson under federal law.
West Virginia had argued that it wasn’t doing anything wrong and that Dawson was getting the same benefit, a $2,000 income tax exemption, that applies to virtually all retired federal, state and local employees in West Virginia. The state said that only a “surpassingly small” number people who participate in specific, state-managed retirement plans get the exemption Dawson wanted to claim.
The U.S. government had backed Dawson, who served in the U.S. Marshals Service from 1987 to his retirement in 2008. He led the Marshals Service in the Southern District of West Virginia for the past six years.
In 2013, he filed paperwork seeking to amend his tax returns for two years and claim the more favorable tax exemption. Dawson said the state owed him $2,174 for 2010 and $2,111 for 2011. State tax officials disagreed, so Dawson took his case to court.
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