Court rejects settlement in water dispute between New Mexico and Texas

Attorney News 2024/06/21 12:15   Bookmark and Share
The Supreme Court on Friday rejected a settlement between Western states over the management of one of North America’s longest rivers.

The 5-4 decision rebuffs an agreement that had come recommended by a federal judge overseeing the case over how New Mexico, Texas and Colorado must share water from the Rio Grande. The high court found that the federal government still had claims about New Mexico’s water use that the settlement would not resolve.

U.S. Circuit Judge Michael Melloy had called the proposal a fair and reasonable way to resolve the conflict between Texas and New Mexico that would be consistent with a decadeslong water-sharing agreement between the two states as well as Colorado.

The federal government, though, lodged several objections, including that the proposal did not mandate specific water capture or use limitations within New Mexico.

New Mexico officials have said implementing the settlement would require reducing the use of Rio Grande water through a combination of efforts that range from paying farmers to leave their fields barren to making infrastructure improvements. Some New Mexico lawmakers have voiced concerns, but the attorney general who led the state’s negotiations had called the agreement a victory.

Farmers in southern New Mexico have had to rely more heavily on groundwater wells over the last two decades as drought and climate change resulted in reduced flows and less water in reservoirs along the Rio Grande. Texas sued over the groundwater pumping, claiming the practice was cutting into the amount of water that was ultimately delivered as part of the interstate compact.

The proposed settlement would recognize several measurements to ensure New Mexico delivers what’s owed to Texas. New Mexico, meanwhile, agreed to drop its challenges against Texas in exchange for clarifying how water will be accounted for as it flows downstream. The agreement also outlined transfers if not enough or too much water ended up in Texas.
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Ken Paxton petitions to stop Dallas woman from getting an abortion

Attorney News 2024/02/20 10:35   Bookmark and Share
A judge on Friday rejected Texas Attorney General Ken Paxton ’s attempts to throw out felony securities fraud charges that have shadowed the Republican for nearly a decade.

The decision by state District Judge Andrea Beall, an elected Democrat, keeps Paxton on track for an April 15 trial on charges that he duped investors in a tech startup.

If convicted, Paxton faces up to 99 years in prison. Paxton, who has pleaded not guilty, appeared in the Houston courtroom for the hearing, sitting at the defense table with his attorneys.

“He’s ready for trial … This thing has been pending for eight years. (The special prosecutors) want to dance. Put on your shoes. It’s time to go. Let’s dance,” Dan Cogdell, one of Paxton’s attorneys, told reporters after Friday’s court hearing.

Brian Wice, one of the special prosecutors handling the case, said it was important that Paxton’s case go to trial because “no one is above the law. And that includes Ken Paxton. And that’s why this case matters.”

During Friday’s hearing, the other special prosecutor in the case, Kent Schaffer, announced he was withdrawing ahead of the trial.

After the hearing, Wice said the two prosecutors parted ways after disagreeing over Schaffer’s push to avoid a trial and instead settle the case through pre-trial intervention.

Wice said Schaffer had recently reached out to Cogdell with the offer for pretrial intervention, which is like probation and would ultimately lead to the dismissal of charges if a defendant stays out of legal trouble.

Wice said he doesn’t believe pretrial intervention would have been appropriate because there would be no admission of guilt and no jail time.

“And without an acknowledgment of guilt, to me, that was worse than a slap on the wrist. That was, gee, let’s get you a cocktail, a hot meal, and breath mint. And that wasn’t going to happen on my watch,” Wice said.

Cogdell said Schaffer had reached out to him about the proposal and he would have been happy to resolve the case without a trial and a dismissal of the charges.
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Court strikes down new law giving participants right to change venue

Attorney News 2023/10/30 12:30   Bookmark and Share
Kentucky’s Supreme Court on Thursday struck down a new state law that allowed participants in constitutional challenges to get the cases switched to randomly selected counties. The court said the legislature’s action on the assignment of court cases encroached on judicial authority.

The law, enacted this year over the governor’s veto, allowed any participants to request changes of venue for civil cases challenging the constitutionality of laws, orders or regulations. It required the clerk of the state Supreme Court to choose another court through a random selection.

Such constitutional cases typically are heard in Franklin County Circuit Court in the capital city of Frankfort. For years, Republican officials have complained about a number of rulings from Franklin circuit judges in high-stakes cases dealing with constitutional issues.

The high court’s ruling was a victory for Democratic Gov. Andy Beshear, who in his veto message denounced the measure as an “unconstitutional power grab” by the state’s GOP-dominated legislature. Lawmakers overrode the governor’s veto, sparking the legal fight that reached the state’s highest court.

Republican Attorney General Daniel Cameron’s office defended the venue law, which passed as Senate Bill 126. Cameron is challenging Beshear in the Nov. 7 gubernatorial election — one of the nation’s highest-profile campaigns this year.

Writing for the court’s majority, Chief Justice Laurance B. VanMeter said the new law amounted to a violation of constitutional separation of powers.

The measure granted “unchecked power to a litigant to remove a judge from a case under the guise of a “transfer,” circumventing the established recusal process, the chief justice wrote.

“It operates to vest a certain class of litigants with the unfettered right to forum shop, without having to show any bias on the part of the presiding judge, or just cause for removal,” VanMeter said.
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North Carolina Supreme Court to revisit school funding

Attorney News 2023/03/06 09:16   Bookmark and Share
A ruling by the North Carolina Supreme Court on Friday siding with the state controller means the court will revisit a school funding case in which an earlier lineup of justices issued a landmark opinion just four months ago.

In a 5-2 decision, the Supreme Court restored enforcement of a 2021 order by the Court of Appeals that stopped the controller from transferring money from state coffers to agencies for education purposes without the General Assembly’s express approval. A trial judge had directed the controller’s predecessor to transfer the funds — an action the Supreme Court upheld in November. Two new justices joined the bench in January, altering the court’s partisan makeup.

A lawyer for current Controller Nels Roseland told the Supreme Court last month that Roseland remained worried that he or his staff could face criminal and civil penalties for making the transfer with several issues unaddressed. The controller keeps the state’s books and manages cash flow.

A lawyer for current Controller Nels Roseland told the Supreme Court last month that Roseland remained worried that he or his staff could face criminal and civil penalties for making the transfer with several issues unaddressed. The controller keeps the state’s books and manages cash flow.
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40-year sentence upheld for man who killed his roommate

Attorney News 2021/07/24 10:25   Bookmark and Share
Maine’s supreme court has upheld a 40-year prison sentence imposed on a man who killed his roommate in Old Orchard Beach.

Dustan Bentley pleaded guilty to murder in the death of 65-year-old William Popplewell, who was beaten, stabbed and strangled with a ligature.

Police arrested Bentley as he was attempting to use a ratchet and strap to pull the body into the trunk of his car, which was lined with a shower curtain. An autopsy revealed the victim suffered multiple broken bones and had been stabbed up to 30 times.

The Maine Supreme Judicial Court unanimously ruled that there was nothing in the record to indicate that the judge made a mistake.

“At no point did the court depart from sentencing principles or abuse its discretion in coming to or issuing its sentence,” the court said.

Bentley and Popplewell met at a Portland homeless shelter, and Bentley later moved into Popplewell’s apartment in Old Orchard Beach in December 2018. Popplewell was killed in March 2019.
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Iowa’s high court stops lawsuit over farm runoff pollution

Attorney News 2021/06/18 13:44   Bookmark and Share
A sharply divided Iowa Supreme Court on Friday stopped a lawsuit aimed at reducing the flow of fertilizer and hog farm waste into the state’s river and streams, finding that limiting pollution from farms was a political matter and not one for the courts.

The 4-3 decision handed a significant defeat to environmental groups hoping to get the chance to prove that Iowa should scrap it’s voluntary farm pollution policy, order new mandatory limits on nitrogen and phosphorous pollution and stop construction of new hog barns.

It is the latest court rejection of an attempt to force the nation’s leading corn and pork producing state to clean up farm pollutants from its major rivers that provide drinking water to hundreds of thousands of Iowans.

The lawsuit, which was brought by Iowa Citizens for Community Improvement and Food & Water Watch, contended that unregulated farm pollution is violating the rights of citizens to clean water in the Raccoon River for recreational and drinking water use.

It said a legal concept that precedes Iowa statehood — the public trust doctrine — should apply to this case and require the state to ensure that citizens have a useable Raccoon River untainted by excess pollution caused by farm runoff of fertilizer and animal manure.

A state judge ruled in 2019 that the environmental groups sufficiently demonstrated that they suffered injury because the river’s untreated water is too polluted to enjoy recreationally or aesthetically. The state appealed the ruling and asked the court to dismiss the lawsuit.

Four of the court’s conservative justices said the environmental groups didn’t show that the state’s actions had caused a concrete injury the courts could fix. They also said the public trust doctrine historically hasn’t been used to solve a problem as complex as the environmental issues raised, and that the issues at the heart of the case were political questions that would fall to the Legislature to settle.

“There is not enough here to demonstrate that a favorable outcome in this case is likely to redress the plaintiffs’ alleged reduced ability to kayak, swim, or enjoy views of the Raccoon River, or would save them money on drinking water. The plaintiffs’ claims must therefore be dismissed for lack of standing,” Justice Edward Mansfield wrote for the majority.

He said the Des Moines Water Works would have better standing to sue, but he pointed out that the utility already did so and lost a 2017 federal court case that was also dismissed.

The utility filed a brief with the state Supreme Court saying it was pursuing the development of alternate sources of water but that its long-range plans involve the implementation of new treatment technologies that would cost customers tens of millions of dollars.
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