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Truckers sue over access to Los Angeles-area ports
Lawyer Blog News |
2008/07/29 12:39
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A trade group representing truckers filed a lawsuit claiming plans to clean up the air around the twin ports of Los Angeles and Long Beach place unfair restrictions on their members. In the lawsuit filed Monday in U.S. District Court, the American Trucking Associations said it does not oppose efforts to clean up the air but is concerned that other measures in the plans violate federal laws by unfairly regulating prices, routes and services. The lawsuit claims the regulations favor bigger trucking companies over independent truckers and limit the number of trucks allowed to enter the ports, reducing market competition. Truckers must agree to the plans to retain access to the ports after Oct. 1. "It's a barrier to entry," said Curtis Whalen of the Intermodal Motor Carriers Conference, an affiliate of the 37,000-member association. "We don't think the ports have the legal ability to do that." The association wants the court to permanently restrict the plans from being implemented. Defendants named in the lawsuit include the cities of Los Angeles and Long Beach along with their harbor departments and commissions. "We feel that the program is legally defensible and we see no problem in continuing to move forward with this plan," said Lee Peterson, a spokesman for the Port of Long Beach. Both cities passed plans earlier this year aimed at reducing truck pollution at the ports by as much as 80 percent. The plans would require trucks to meet tougher 2007 federal emissions standards by Jan. 12, 2012, along with a $35 cargo fee to pay for the newer, cleaner-running trucks. |
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5th Circuit upholds prison terms for border agents
Court Feed News |
2008/07/29 11:40
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A federal appeals court has refused to throw out lengthy prison sentences for two U.S. Border Patrol agents convicted of shooting an unarmed illegal immigrant and lying about it. The 5th U.S. Circuit Court of Appeals in New Orleans on Monday upheld most of the convictions against former agents Ignacio Ramos and Jose Alonso Compean. The appeals court vacated their convictions for tampering with an official proceeding, but the three-judge panel refused to reverse the convictions that resulted in their lengthy sentences. Ramos and Compean were convicted in 2006 and sentenced to 11 and 12 years in prison, respectively. Both men claimed they shot at Osvaldo Aldrete Davila, an illegal immigrant and admitted drug smuggler, in self defense. |
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McCain backs off his no-new-tax pledge
U.S. Legal News |
2008/07/29 09:42
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Republican presidential candidate John McCain's signal that he may be open to a higher payroll tax for Social Security, despite previous vows not to raise taxes of any kind, is drawing sharp rebukes from conservatives. McCain's shift has come in stages, catching some Republicans by surprise. Speaking with reporters on his campaign bus on July 9, he cited a need to shore up Social Security. "I cannot tell you what I would do, except to put everything on the table," he said. He went a step farther Sunday on ABC's "This Week," in response to a question about payroll tax increases. "There is nothing that's off the table. I have my positions, and I'll articulate them. But nothing's off the table," McCain said. "I don't want tax increases. But that doesn't mean that anything is off the table." That comment drew a strong response this week from the Club for Growth, a Washington anti-tax group. McCain's comments, the group said in a letter to the Arizona senator, are "shocking because you have been adamant in your opposition to raising taxes under any circumstances." Indeed, McCain frequently has promised not to raise taxes. At a July 7 town-hall meeting in Denver, he said voters faced a stark choice between him and Democrat Barack Obama. |
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Sharpton faces disorderly conduct charge at trial
Criminal Law Updates |
2008/07/29 09:40
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The Rev. Al Sharpton rejected a plea offer Monday and will go to trial in September on a disorderly conduct charge related to demonstrations over the fatal shooting of an unarmed man on his wedding day. Sharpton declined to plead guilty in exchange for time served. He was held for 5 1/2 hours on May 7 after he and scores of others were arrested for blocking intersections to protest the acquittals of three officers in the Sean Bell shooting. He said outside court Monday that the plea offer was unfair and that the charges against him and others should be dropped. A judge offered to drop charges against Trent Benefield and Joseph Guzman, friends of Bell who were wounded in the Nov. 25, 2006, shooting, provided they stay out of trouble for six months. Bell was killed in a hail of 50 police bullets as he left his bachelor party at a Queens topless bar. Sharpton said his decision to go to trial was "a matter of law, not just a matter of principle." He said that although all the defendants were arrested for doing the same thing, those who had records of civil rights activism were "singled out" and weren't given the opportunity to have their cases adjourned. Barbara Thompson, spokeswoman for the Manhattan district attorney, said officials in her office "looked at each case individually." Manhattan Criminal Court Judge Neil Ross scheduled a trial for Sharpton and about 10 others on Sept. 10. |
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Nev. court OKs term limits, blocks some candidates
Headline News |
2008/07/28 15:37
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Some veteran public officials seeking re-election have been blocked from serving new terms because the state Supreme Court has upheld term limits in a ruling delivered just one day before the start of Nevada's early voting. A pair of rulings Friday mean no votes can be counted for 21 incumbents in local or state government service who have hit a voter-mandated limit of 12 years of service. They include Clark County Commissioner Bruce Woodbury, a 27-year fixture on the powerful commission who already has spent more than $200,000 in his bid for another term. Others affected include two state university system regents, and several school and town board members around Nevada. Since ballots were already printed for the start of early voting on Saturday, no changes in listed candidates could be made. "The ballots are all going to contain these names," Clark County Registrar Larry Lomax said. "What we're going to have to do is post signs at all the polling places explaining which candidates are out." The high court said the Nevada Constitution "plainly states" that officials can't serve more than 12 years, under terms of the term limits approved by voters in 1996. However, 13 longtime state legislators escaped the immediate effect of the ruling. The voter mandate took effect a few weeks after the November 1996 elections, when a final vote canvass made the results official. State legislators elected that year took office the day after the election, and the Supreme Court said in a separate ruling that the mandate can't apply retroactively to them. |
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7 suspected members of Basque group ETA jailed
Legal World News |
2008/07/28 12:40
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Spain's National Court on Sunday jailed seven people on charges of belonging to a militant cell of the Basque separatist group ETA. The cell is believed responsible for a string of recent bombings, and investigators believe its members were planning more attacks. The seven will be held in provisional preventive custody pending a full trial, anti-terror judge Baltasar Garzon said in a statement. A date for the trial was not given. All seven were detained Tuesday in police raids in the Basque towns of Getxo and Elorrio. Among those jailed was the suspected leader of the cell, Arkaitz Goikoetxea. Garzon said the cell was suspected of having perpetrated many recent attacks, including the May car bombing of a police barracks in Legutiano, northern Spain, in which one officer died. After the detentions, Goikoetxea led officers to two caches of explosives and other terror-related material, including tranquilizers to sedate kidnap victims, the judge said in the statement. |
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