Lobster fishing union drops lawsuit about new whale closure

Lawyer Blog Post 2022/08/26 12:01   Bookmark and Share
A lobster fishing union in Maine has decided to drop part of its lawsuit against the federal government over new restrictions meant to protect rare whales.

The Maine Lobstering Union sued the National Oceanic and Atmospheric Administration after the government instated a seasonal ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect North Atlantic right whales. The whales are vulnerable to entanglement in the gear.

Lawyers for the lobster fishing union told WCSH-TV the union wants instead to focus on other ongoing litigation about new rules intended to protect whales. New fishing rules meant to protect the whales are the subject of other lawsuits that are still under consideration by federal court.

A federal court ruling last month came down in favor of stronger protections for the animals. U.S. District Judge James Boasberg ruled in July that the federal government hasn’t done enough to protect the whales, and must craft new rules. The lobstering union and other fishing groups have pledged to follow that process closely with an eye to protecting the industry.
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Appeals court puts Georgia PSC elections back on ballot

Lawyer Blog Post 2022/08/18 15:18   Bookmark and Share
A federal appeals court on Friday ordered that statewide elections for two Georgia public service commissioners be put back on the November ballot, only a week after a federal judge postponed the elections after finding that electing the five commissioners statewide illegally diluted Black votes.

A three judge panel of the 11th U.S. Circuit Court of Appeals blocked the lower court’s order after an appeal by the state, which follows a U.S. Supreme Court decision saying judges shouldn’t order changes close to elections.

The 2-1 split decision came at the state’s deadline for finalizing ballots ahead of the election, so there is enough time to print ballots before the first ballots are mailed to voters living outside the country in late September.

District 3 Commissioner Fitz Johnson and District 2 Commissioner Tim Echols, both Republicans, are seeking reelection to six-year terms. Johnson is being challenged by Democrat Shelia Edwards while Echols faces Democrat Patty Durand and Libertarian Colin McKinney.

Circuit Judges Robert Luck and Adalberto Jordan found that U.S. District Judge Steven Grimberg’s decision came too close to the election, that having Johnson and Echols remain on the commission past the end of their terms is an improper fundamental alteration of the state’s election system, and that not only did Grimberg need to issue his decision before the ballot printing deadline but far enough in advance “to allow for meaningful appellate review.”

Friday’s decision is not the 11th Circuit’s final word on Grimberg’s decision, but only a stay. Luck and Jordan clearly anticipate the plaintiffs will appeal to the nation’s highest court, writing in a short opinion that “if we are mistaken on this point, the Supreme Court can tell us.”

Circuit Judge Robin Rosenbaum dissented, saying the other judges were extending the doctrine barring changes close to an election to a whole new category of cases without “a sufficient explanation.” She said the majority is, in effect, letting the state conduct an election under a system that a judge already determined is illegally discriminatory.
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Federal horserace authority rules again blocked in 2 states

Lawyer Blog Post 2022/08/11 11:04   Bookmark and Share
A national horse racing authority has again been blocked by a federal court from enforcing some of its rules in the states of Louisiana and West Virginia.

A north Louisiana federal judge last month had blocked the Horseracing Integrity and Safety Authority from enforcing its rules in the two states.

That ruling was put on hold last week by the 5th U.S. Circuit Court of Appeals. But a revised ruling this week from the New Orleans-based appeals court keeps some of the limits on enforcement in place.

Rules blocked under the latest court order deal with the authority’s access to racetrack records and facilities, the calculation of state fees paid to the authority, and definitions of which horses are covered by the regulations.

The appeals court on Wednesday set arguments in the case for Aug. 30.

State and racing officials in Louisiana and West Virginia had sued to prevent the rules from going into effect.
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Massachusetts governor signs bill protecting abortion access

Lawyer Blog Post 2022/07/29 11:25   Bookmark and Share
A sweeping abortion bill designed to protect access to the procedure in Massachusetts at a time when many other states are restricting or outlawing abortions was signed into law Friday by Republican Gov. Charlie Baker.

The new law attempts in part to build a firewall around abortion services in the state after a U.S. Supreme Court ruling overturned Roe v. Wade last month.

The law protects abortion providers and people seeking abortions from actions taken by other states, including blocking the governor from extraditing anyone charged in another state unless the acts for which extradition is sought would be punishable by Massachusetts law.

The bill also states that access to reproductive and gender-affirming health care services is a right protected by the Massachusetts Constitution; requires the state’s Medicaid program, known as MassHealth, to cover abortions; allows over-the-counter emergency contraception to be sold in vending machines; and requires public colleges and universities to create medication abortion readiness plans for students.

A unique Texas law banning most abortions after about six weeks is enforceable through lawsuits filed by private citizens against doctors or anyone who helps a woman obtain an abortion.
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Court denies request for emergency halt to Ohio abortion ban

Lawyer Blog Post 2022/07/01 10:26   Bookmark and Share
An emergency stay of Ohio’s newly imposed state ban on abortions at the first detectable “fetal heartbeat” was rejected Friday by the state Supreme Court.

At issue was a request by Ohio abortion providers for the interim delay while the court reviews the question of whether the ban should be overturned. The providers argue the law violates the Ohio Constitution’s broad protections of individual liberty.

Their lawsuit followed imposition of the Ohio ban June 24, the same day the U.S. Supreme Court found the U.S. Constitution does not protect a woman’s right to an abortion. A federal judge lifted his stay on Ohio’s abortion restriction later that night.

The Ohio law prohibits abortions after what it terms a “fetal heartbeat” can be detected, which can be as early as six weeks’ gestation, or before many women know they are pregnant. It makes exceptions for the life of the mother and certain severe health risks.

The office of Attorney General Dave Yost, defending the new law, opposed the emergency stay, saying the Ohio Constitution does not recognize the right to an abortion.
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Construction to begin on roadway, but legal fight remains

Lawyer Blog Post 2022/06/20 12:50   Bookmark and Share
Construction is scheduled to begin this week on a long-planned road project in the south end of Burlington, Mayor Miro Weinberger said.

The comments came after a federal judge lifted an order that blocked work on the first phase of what is known as the Champlain Parkway.

The first phase of construction will include tree removal and work to protect a brook running through the area.

Opponents say the project does not match current transportation needs and will harm residents in one of the city’s poorest neighborhoods.

In the Friday order, U.S. District Court Judge Geoffrey Crawford said beginning construction of the parkway would not cause irreparable harm to those who oppose the project and there will be time to address in court those underlying issues.

The Champlain Parkway is designed to be a two-lane road that will eventually connect Interstate 189 with downtown Burlington.

The $45 million, two-mile (three-kilometer) project is designed to improve traffic circulation, alleviate overburdened roadways, protect Lake Champlain through enhanced storm water management, and improve vehicular, bike, and pedestrian safety.
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