Appeals court upholds proposed bullet train route

Press Release 2014/07/28 13:35   Bookmark and Share

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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Court throws out Chiquita terror payment claims

Topics in Legal News 2014/07/28 13:34   Bookmark and Share
A divided federal appeals court on Thursday threw out claims potentially worth billions of dollars against produce giant Chiquita Brands International made by relatives of thousands of Colombians killed during years of bloody civil war.

A panel of the 11th U.S. Circuit Court of Appeals ruled 2-1 that federal courts have no jurisdiction over the Colombian claims. The lawsuits accused Chiquita of assisting in the killings by paying $1.7 million to a violent right-wing paramilitary group known as the AUC, the Spanish acronym for United Self-Defense Forces of Colombia.

Chiquita, based in Charlotte, North Carolina, formerly operated large banana plantations in Colombia through its Banadex subsidiary. Chiquita insists it was the victim of extortion and was forced to pay the AUC or face violence directed at its employees and assets in Colombia.

The majority cited a 2013 U.S. Supreme Court ruling known as Kiobel vs. Royal Dutch Petroleum that imposed limits on attempts by foreigners to use U.S. courts to seek damages against corporations for human rights abuses abroad. Chiquita had insisted that ruling meant the Colombians' lawsuit had to be tossed out.

"We are gratified that the U.S. Court of Appeals has now agreed with us and the claims have been dismissed," said Chiquita spokesman Ed Loyd in an email statement. "The decision reinforces what Chiquita has maintained from the beginning — that Chiquita is not responsible for the tragic violence that has plagued Colombia."
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Montana court sends wind farm clash to California

Court Watch 2014/07/21 15:59   Bookmark and Share
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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2 ag-gag laws facing federal court challenges

Court Watch 2014/07/21 15:58   Bookmark and Share
The years-long fight between farm organizations and animal rights activists over laws prohibiting secretly filmed documentation of animal abuse is moving from state legislatures to federal courts as laws in Utah and Idaho face constitutional challenges.

Half of U.S. states have attempted to pass so-called ag-gag laws, but only seven have been successful. Among them are Idaho, where this year's law says unauthorized recording is punishable by up to a year in jail and a $5,000 fine, and Utah, whose 2012 law makes it a crime to provide false information to gain access to a farm. Both states now face separate but similarly worded lawsuits that say the measures violate federal statutes offering whistleblower protections and free-speech guarantees.

Farm organizations and livestock producers say ag-gag laws are aimed at protecting their homes and businesses from intruders, and some plan to use social media to assure the public they have nothing to hide. But animal rights groups, free-speech activists and investigative journalists want to throw out the laws because they say the secrecy puts consumers at higher risk of food safety problems and animals at higher risk of abuse.
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Appeals court to take up Missouri execution case

Press Release 2014/07/17 12:14   Bookmark and Share
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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Suspect in bodies-in-suitcases case due in court

Attorney News 2014/07/17 12:13   Bookmark and Share
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.
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