Press Release 2014/07/28 13:35
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.
Topics in Legal News 2014/07/28 13:34
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."