|
|
|
Court rules for environmentalists in water fight
Court News |
2014/04/17 15:12
|
An appeals court said Wednesday that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.
The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won't affect water flows because protections for the smelt were kept in place during the lawsuit.
"This about how we are going to manage the water in the future," said Douglas Obegi, a lawyer with the Natural Resources Defense Council.
Water-rights holders and government lawyers argued that consultation wasn't necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta. |
|
|
|
|
|
|
High Court battle over Richard III's remains
Court News |
2014/03/14 15:30
|
Distant relatives of England's King Richard III are launching their High Court battle over where to rebury the 15th-century monarch's remains.
The remains of Richard — who was killed in battle in 1485 — were found in a Leicester parking lot.
The government has given Leicester Cathedral in central England permission to rebury the king, but his relatives want him buried in the northern England city of York.
The relatives — under the name the Plantagenet Alliance — are bringing legal action that begins Thursday at the High Court against the government and the University of Leicester.
They claim that the government did not consult widely enough — or consider the wishes of Richard or his descendant — on where the monarch should be reburied. |
|
|
|
|
|
|
3 California men plead guilty in alleged pot grow
Court News |
2014/03/10 15:33
|
Three Northern California men are each facing up to ten years in prison after pleading guilty to charges that they damaged federal conservation land while allegedly growing marijuana.
Prosecutors say Chou Vang, Vang Pao Yang and Pao Vang, all of Eureka, each entered their pleas in federal court in San Francisco on Tuesday to one count of willful injury to federal property.
The men were accused of clearing away trees and vegetation, using fertilizers, and failing to properly dispose of trash while growing pot in the summer of 2012 in the King Range National Conservation Area along California's Lost Coast. The area provides habitat for four federally-listed threatened species, including Chinook and Coho salmon.
As part of a plea deal, prosecutors say they dropped marijuana cultivation charges. The men are scheduled to be sentenced in July. |
|
|
|
|
|
|
Ousted Egypt leader's lawyers protest court cage
Court News |
2014/02/18 15:41
|
Lawyers for Egypt's ousted president and his co-defendants walked out of court on Sunday to protest the soundproof glass cage in which defendants are held during proceedings, state TV reported.
It said judge Shaaban el-Shamy ordered a recess after the lawyers left the hearing, the first in a case in which Morsi and 35 others are facing charges of conspiring with foreign groups and undermining national security.
El-Shamy, who later ordered the trial adjourned until Feb. 23, was quoted by the private CBC TV network as telling the lawyers that the trial would proceed without them. It also reported that Morsi shouted at the start of the trial that he could not hear the proceedings.
El-Shamy sent technicians to inspect the cage to verify Morsi's claim, CBC said. The judge then ordered the volume raised to allow Morsi to better hear. The defense lawyers remained unsatisfied and walked out.
The cage was introduced after Morsi and his co-defendants interrupted the proceedings of other court cases by talking over the judge and chanting slogans. The cage is fitted to give the judge sole control over whether the defendants can be heard or not when speaking.
Morsi was ousted by the military following millions-strong protests demanding his step down after just one year in power. He, together with leaders of his Muslim Brotherhood, now face a multitude of trials on a range of charges, some of which carry the death penalty. |
|
|
|
|
|
|
Defamatory online posts revisited by Texas court
Court News |
2014/01/10 15:51
|
They say nothing on the Internet ever really goes away, but the Texas Supreme Court is considering whether defamatory postings might be worth the effort to try.
Justices on the state's highest civil court on Thursday weighed broader questions about cyberbullying, hate speech and the First Amendment while hearing a case with far lower stakes. At issue is whether a company can be forced to remove from its website damaging personal comments about a fired Austin businessman.
Lower courts already have ruled that Robert Kinney's former company, Los Angeles-based BCG Attorney Search, can't be forced to remove the comments, even if a judge or jury eventually finds it defamed Kinney on the company's website by accusing him of running a kickback scheme. That's because defamatory speech still has protections under the law.
But Kinney's attorneys told the nine-member court that it's time for Texas law to catch up with technology.
"It was a little harder to defame someone before the Internet. Now, on my cellphone, I can walk out of here and in five minutes I can say something defamatory about somebody and hit a button, and it's there worldwide," said Martin Siegel, Kinney's attorney. "And it's potentially there for perpetuity."
Anthony Ricciardelli, an attorney for BCG, said forcing the comments to be removed would "set a dangerous precedent that will have a chilling effect on speech and may lead to a slippery slope."
The court isn't expected to make a ruling for several months.
Justices asked both sides to consider more divisive cases involving cyberbullying or hate speech _ whether a court should be able to issue orders to stop online antagonists from harassing others, for instance, even if no defamation was present. |
|
|
|
|
|
| Law Firm Web Design Information |
| Law Promo has worked with attorneys, lawyers and law firms all over the world in designing beautiful law firm websites that look great on all devices, from desktop computers to mobile phones. Law Promo can construct your law firm a brand new responsive law firm website, or help you redesign your existing site to secure your place in the mobile world. Solo Practice Law Firm Website Design |
|
|
Legal News RSS Feed
