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High court denies review of Grand Canyon-area mining ban
Legal News |
2018/10/02 09:20
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The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry.
The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies.
The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place.
"Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.
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Nominee's attack on Democrats poses risk to Supreme Court
Lawyer Blogs |
2018/10/01 20:47
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Brett Kavanaugh's angry denunciation of Senate Democrats at his confirmation hearing could reinforce views of the Supreme Court as a political institution at a time of stark partisan division and when the court already is sharply split between liberals and conservatives.
The Supreme Court nominee called the sexual misconduct allegations against him a "calculated and orchestrated political hit" by Democrats angry that Hillary Clinton lost the 2016 election. Kavanaugh went further than Clarence Thomas, who in 1991 attacked the confirmation process but didn't single out a person or political party, when he confronted allegations that he sexually harassed Anita Hill.
The comments injected a new level of bitter partisanship in an already pitched battle over the future of the Supreme Court and replacing Justice Anthony Kennedy, frequently the decisive and swing vote on the most important issues of the day. Kavanaugh is more conservative than Kennedy and his ascendance to the high court would entrench conservative control of the bench for years.
"No matter what happens ... I think the court is the ultimate loser here. I think Judge Kavanaugh could have made the exact same points without making reference to the Clintons or Democrats, without going down that road," said Josh Blackman, a law professor at the South Texas College of Law in Houston. "It's an optics thing. I don't think he'll vote any differently because of what happened in the past 10 days, but what will change is how people perceive it."
In his pointed remarks, Kavanaugh said he was a victim of character assassination orchestrated by Democrats. "This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups," he said. |
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Supreme Court won't hear case over California beach access
Court Line News |
2018/10/01 09:19
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The Supreme Court on Monday refused to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach.
The justices said that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public.
Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation.
A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access.
Khosla - a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems - closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling.
The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.
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Trials adding up for West Virginia Supreme Court justices
Court Line News |
2018/09/30 09:20
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The federal trial of the ousted chief justice of the West Virginia Supreme Court is starting a day after a colleague's impeachment trial began in the state Senate.
Jury selection is set to get under way Tuesday in U.S. District Court in Charleston for Allen Loughry who also has a Senate impeachment trial scheduled in November.
Loughry is accused in the 25-count federal indictment of repeatedly lying about using his office for personal gain, making personal use of a state vehicle and credit card, and trying to influence an employee's testimony and a federal grand jury investigation.
The indictment accuses him of "creating a false narrative" about an antique desk and leather couch that he had transferred from the Supreme Court offices to his home, and that he repeated the false narrative to an FBI special agent during a March interview.
The House of Delegates in August impeached him and justices Beth Walker, Margaret Workman and Robin Davis. Walker's impeachment trial started Monday and resumes Tuesday.
West Virginia's courts are an independent branch of government, and Loughry, in consultation with the other justices, had constitutional autonomy in deciding how the system spends a $139 million annual budget. The justices are accused of abusing this authority by failing to rein in excessive spending on lavish office renovations, business lunches and the personal use of state cars. The cases also raised questions about corruption, incompetence and neglect of duty earlier this decade. |
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UN court asked to probe Venezuela; leader defiant in speech
Legal Interview |
2018/09/29 01:44
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Six nations made the unprecedented move Wednesday of asking the U.N.’s International Criminal Court to investigate Venezuela for possible crimes against humanity, even as President Nicolas Maduro made an unexpected trip to the world body’s headquarters to deliver a nearly hourlong speech declaring his nation “will never give in.”
Maduro’s speech at the General Assembly gathering of world leaders came hours after Argentina, Chile, Colombia, Peru, Paraguay and Canada formally asked the ICC to investigate Venezuela on a range of possible charges, from murder to torture and crimes against humanity.
“To remain indifferent or speculative in front of this reality could be perceived as being complicit with the regime. We are not going to be complicit,” said Paraguayan Foreign Minister Andres Rodriguez Pedotti.
The six countries hope the move puts new pressure on Maduro to end the violence and conflict that have sent more than 2 million people fleeing and made Venezuela’s inflation and homicide rates among the highest in the world.
Venezuelan officials have widely rejected international criticism, saying they’re driven by imperialist forces led by the U.S. to justify launching an invasion. And Maduro sounded a defiant tone Wednesday night, complaining that Washington was attacking his country through sanctions and other means and strong-arming other countries into going along in a “fierce diplomatic offensive.”
“The U.S. wants to continue just giving orders to the world as though the world were its own property,” Maduro said. “Venezuela will never give in.”
But at the same time, he said he was willing to talk with Trump.
Wednesday marked the first time that member countries have referred another country to the Netherlands-based U.N. court.
Canada was among nations referring Venezuela to the ICC, and Prime Minister Justin Trudeau seized the moment to defend the idea of global justice the court represents — the day after Trump attacked it in a stinging speech that challenged multilateral organizations.
Its chief prosecutor, Fatou Bensouda, already has opened a preliminary investigation into allegations that Venezuelan government forces since April 2017 “frequently used excessive force to disperse and put down demonstrations,” and abused some opposition members in detention. |
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The Latest: 6 countries seek criminal probe of Venezuela
Headline Legal News |
2018/09/28 10:42
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Six countries from the Americas say they are asking the International Criminal Court to investigate Venezuela's government for alleged crimes against humanity. It's the first time that member countries have referred another country to the Netherlands-based U.N. court.
Argentina, Peru, Colombia, Chile, Paraguay and Canada made the announcement on the sidelines of the U.N. General Assembly meeting.
The court has already opened a preliminary investigation into allegations that since April 2017 Venezuelan government forces "frequently used excessive force to disperse and put down demonstrations," and abused some opposition members in detention.
Wednesday's move could broaden the scope of the existing preliminary probe. The countries accuse Venezuela of several crimes including murder, torture and unjust imprisonment.
U.S. Secretary of State Mike Pompeo says his meeting with North Korean Foreign Minister Ri Yong Ho was "very positive."
Pompeo made the comment on Twitter on Wednesday after meeting with Ri at the U.N. General Assembly. The meeting comes as U.S. President Donald Trump and North Korean leader Kim Jong Un work to set up a widely expected second summit to restart stalled diplomacy meant to rid the North of its nuclear weapons.
Pompeo said that "much work remains, but we will continue to move forward."
Kim made denuclearization vows last week in a summit with the South Korean president in Pyongyang, but there's still skepticism over his sincerity to relinquish weapons that many believe are the only major guarantee of his continued authoritarian rule.
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