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High court rules vs. gov't in open records case
Lawyer Blog News | 2011/03/08 16:51

The Supreme Court on Monday rejected the government's broad use of an exemption in the federal Freedom of Information Act to withhold documents from the public, ruling for a Washington state resident who wants Navy maps relating to its main West Coast ammunition dump.

The court, by an 8-1 vote, threw out an appeals court ruling that backed the Navy's decision to withhold maps showing the extent of damage expected from an explosion at the ammunition dump near Port Townsend in western Washington.

Justice Elena Kagan, writing for the court, said maps could not be withheld under a FOIA provision that deals with a federal agency's "personnel rules and practices." Kagan said that part of the law concerns "issues of employee relations and human resources."

Justice Stephen Breyer dissented, saying the courts have consistently allowed broad use of the exemption for 30 years. "I would let sleeping dogs lie," Breyer said.

The case before the court revolved around competing ideas of public safety. The government said that releasing the maps could allow someone to identify the precise location of the munitions that are stored at its base on Indian Island.



Charges delayed against CIA contractor in Pakistan
Legal World News | 2011/03/08 13:49

A court has delayed charging a CIA contractor in connection with the shooting deaths of two Pakistanis.

A lawyer for families of the dead men said Tuesday the next trial court hearing would be March 16, when contractor Raymond Allen Davis may be charged.

On March 14, the Pakistani government is scheduled to tell the Lahore High Court whether Davis has diplomatic immunity from prosecution as the United States insists.

The American's lawyer has said if Pakistan determines he has immunity Davis will likely walk free soon after.

Davis says he shot the two men in self-defense as they tried to rob him in late January.

The case has strained U.S.-Pakistan ties. The countries' alliance is considered key to ending the Afghan war.



High court rules vs. gov't in open records case
Lawyer Blog News | 2011/03/07 19:10

The Supreme Court on Monday rejected the government's broad use of an exemption in the federal Freedom of Information Act to withhold documents from the public, ruling for a Washington state resident who wants Navy maps relating to its main West Coast ammunition dump.

The court, by an 8-1 vote, threw out an appeals court ruling that backed the Navy's decision to withhold maps showing the extent of damage expected from an explosion at the ammunition dump near Port Townsend in western Washington.

Justice Elena Kagan, writing for the court, said maps could not be withheld under a FOIA provision that deals with a federal agency's "personnel rules and practices." Kagan said that part of the law concerns "issues of employee relations and human resources."

Justice Stephen Breyer dissented, saying the courts have consistently allowed broad use of the exemption for 30 years. "I would let sleeping dogs lie," Breyer said.

The case before the court revolved around competing ideas of public safety. The government said that releasing the maps could allow someone to identify the precise location of the munitions that are stored at its base on Indian Island.

But Glen Milner, a longtime community activist, said that the people who live near the base have valid reasons for wanting to know whether they would be endangered by an explosion. An explosion at the Navy's Port Chicago ammunition depot during World War II killed 320 people.

Milner has raised safety concerns about several area naval facilities. While he could not get the map for the ammunition dump, an official at an area submarine base provided Milner a map showing the probable range of damage from an explosion at that facility.




Law firm suing Harrisburg helped city just months earlier
Headline News | 2011/03/07 18:13

A well-known law firm that helped sue Harrisburg for millions actually gave the city a hand not too long ago. Ballard Spahr, now representing one of Harrisburg's lenders, did work for the Thompson administration just months earlier. That's raising some eyebrows.   

Ballard Spahr, former Gov. Ed Rendell's firm, got thousands from the city. It's now trying to force Harrisburg to pay up on incinerator debt. Some say it's a conflict of interest - that the firm helped the city, and now is helping a bank go after the city.

Harrisburg paid Ballard Spahr more than $13,000 for work performed last year. According to a purchase order, it was a provision of legal services for the new administration. We've not been able to find out exactly what that means, and Ballard Spahr won't comment.

Corky Goldstein doesn't know either - he's currently helping the city with various legal matters.

"Canons of ethics indicate it's not appropriate for a law firm or lawyer or a member of the law firm that represented us to be representing both sides," said Goldstein.

The other side is TD Bank, one of several lenders that financed incinerator upgrades. Harrisburg is on the hook for repayment - $35 million, in this case.

"They might have been privy to information that has assisted them in the lawsuit that they're now bringing, and this is a very major lawsuit," said Goldstein.



Appeals court backs ruling on Ind. alcohol permits
Legal Career News | 2011/03/07 18:12

The Indiana Court of Appeals has upheld a lower court ruling that denied some retailers' claim that the Indiana Alcohol and Tobacco Commission was issued too many alcohol permits.

The Indianapolis Star reported Saturday that a three-judge appeal panel unanimously upheld a Marion Superior Court decision to allow the panel to continue granting alcohol sales permits.

The Indiana Association of Beverage Retailers, which represents package liquor stores, had sued the commission last year. It claimed the commission was issuing beer-sales permits above state-mandated quotas.

A Marion Superior Court judge denied the group's request to force the commission to change its permit distribution process until the lawsuit could go through the court system.



Appeals court to consider tri-state water dispute
Court Feed News | 2011/03/07 16:11

A tri-state dispute threatening metro Atlanta's water supply is heading to an appeals court.

A three-judge panel on the 11th U.S. Circuit Court of Appeals in Atlanta plans to hear arguments Wednesday as Georgia seeks to overturn a judge's order that severely restricted the ability of metro Atlanta to withdraw water from Lake Lanier.

U.S. District Court Judge Paul Magnuson ruled in 2009 that Atlanta had little legal right to take water from Lake Lanier because the water body was built for hydroelectric power, not water supply. Magnuson signed an order that would severely restrict water withdrawals from the lake starting July 2012 unless Georgia strikes a political deal with Alabama and Florida.

Communities downstream from Atlanta want assurances they will have enough water for fisheries, farms, industry and towns.



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