|
|
|
Dominion to ask Supreme Court to hear pipeline appeal
Lawyer Blog News |
2019/02/28 02:13
|
Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.
Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service.
A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial.
The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia.
The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday. |
|
|
|
|
|
|
Court upholds car rental tax imposed in Maricopa County
Class Action News |
2019/02/26 07:31
|
The Arizona Supreme Court on Monday upheld a car rental tax surcharge that’s imposed in Maricopa County to pay for building a professional football stadium and other sports and recreational facilities, marking the second time an appeals court has ruled the tax is legal.
Car rental companies had challenged the surcharge on the grounds that it violated a section of the Arizona Constitution that requires revenues relating to the operation of vehicles to be spent on public highways.
A lower-court judge had ruled in favor of the rental companies four years, saying the surcharge violated the constitutional provision and ordering a refund of the tax estimated at about $150 million to the companies.
But the Arizona Court of Appeals reversed the decision last spring. The Arizona Supreme Court on Monday echoed the Court of Appeals’ ruling.
The surcharge partially funds the Arizona Sports and Tourism Authority, an agency that uses the money to help pay off bonds for the stadium in Glendale where the Arizona Cardinals play, along with baseball spring training venues and youth sports facilities. The rest of the authority’s revenue comes from a hotel bed tax and payments for facilities usage.
The surcharge is charged on car rental companies, but the costs are passed along to customers.
Attorney Shawn Aiken, who represented Saban Rent-A-Car Inc. in the case, said in a statement that the challengers will evaluate in the coming weeks whether to ask the U.S. Supreme Court to consider the case. |
|
|
|
|
|
|
High court deciding fate of cross-shaped Maryland memorial
Criminal Law Updates |
2019/02/25 15:32
|
The Supreme Court this week is hearing a case challenging the location of a nearly 100-year-old, cross-shaped Maryland war memorial.
Three area residents and the District of Columbia-based American Humanist Association argue the cross' location on public land violates the First Amendment's establishment clause. The clause prohibits the government from favoring one religion over others. They argue the cross should be moved to private property or modified into a slab or obelisk.
The cross' supporters say it doesn't violate the Constitution because it has a secular purpose and meaning: commemorating World War I veterans. The cross' base lists the names of 49 area residents who died in the war.
The American Legion and Maryland officials are defending the cross. They have the support of the Trump administration and 30 states.
|
|
|
|
|
|
|
Court records reveal a Mueller report right in plain view
Employment Law |
2019/02/24 15:34
|
The Democrats had blamed Russia for the hacking and release of damaging material on his presidential opponent, Hillary Clinton. Trump wasn’t buying it. But on July 27, 2016, midway through a news conference in Florida, Trump decided to entertain the thought for a moment.
“Russia, if you’re listening,” said Trump, looking directly into a television camera, “I hope you’re able to find the 30,000 emails that are missing” — messages Clinton was reported to have deleted from her private email server.
Actually, Russia was doing more than listening: It had been trying to help Republican Trump for months. That very day, hackers working with Russia’s military intelligence tried to break into email accounts associated with Clinton’s personal office.
It was just one small part of a sophisticated election interference operation carried out by the Kremlin — and meticulously chronicled by special counsel Robert Mueller.
We know this, though Mueller has made not a single public comment since his appointment in May 2017. We know this, though the full, final report on the investigation, believed to be in its final stages, may never be made public. It’s up to Attorney General William Barr.
We know this because Mueller has spoken loudly, if indirectly, in court — indictment by indictment, guilty plea by guilty plea. In doing so, he tracked an elaborate Russian operation that injected chaos into a U.S. presidential election and tried to help Trump win the White House. He followed a GOP campaign that embraced the Kremlin’s help and championed stolen material to hurt a political foe. And ultimately, he revealed layers of lies, deception, self-enrichment and hubris that followed. |
|
|
|
|
|
|
Kenya court postpones ruling on anti-gay laws to May 24
Employment Law |
2019/02/22 15:35
|
A Kenyan court Friday postponed a ruling on whether to decriminalize same sex relationships, disappointing many in the country's LGBT community.
The ruling will not be made until May 24 because some judges had been busy, Justice Chaacha Mwita of the High Court said.
Several activists who went to the court for the landmark ruling expressed their dismay.
"To say we are disappointed would be an understatement," the National Gay and Lesbian Human Rights Commission, which is among the petitioners in the case, said in a tweet.
A case so important should have been should have been given the time it deserves, said activist Grace Mbijiwa outside the courtroom.
"However we are looking forward because we have a date in May 2019," said Mbijiwa. "We are looking forward and hoping for the best, looking forward for LGBT being legalized."
Activists argue that the colonial-era law which criminalizes same consensual sex-relations between adults is in breach of the constitution because it denies basic rights.
|
|
|
|
|
|
|
High court rules for retired US marshal in W.Va. tax dispute
U.S. Legal News |
2019/02/21 17:45
|
The Supreme Court said Wednesday that the state of West Virginia unlawfully discriminated against a retired U.S. marshal when it excluded him from a more generous tax break given to onetime state law enforcement officers.
The court ruled unanimously for retired marshal James Dawson.
West Virginia law exempts state law enforcement retirees, including former policemen and firefighters, from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees such as Dawson haven’t been getting that tax advantage.
Justice Neil Gorsuch wrote that because there aren’t any significant differences between Dawson’s former job responsibilities and those of state law enforcement retirees, “we have little difficulty concluding” that West Virginia’s law unlawfully discriminates against Dawson under federal law.
West Virginia had argued that it wasn’t doing anything wrong and that Dawson was getting the same benefit, a $2,000 income tax exemption, that applies to virtually all retired federal, state and local employees in West Virginia. The state said that only a “surpassingly small” number people who participate in specific, state-managed retirement plans get the exemption Dawson wanted to claim.
The U.S. government had backed Dawson, who served in the U.S. Marshals Service from 1987 to his retirement in 2008. He led the Marshals Service in the Southern District of West Virginia for the past six years.
In 2013, he filed paperwork seeking to amend his tax returns for two years and claim the more favorable tax exemption. Dawson said the state owed him $2,174 for 2010 and $2,111 for 2011. State tax officials disagreed, so Dawson took his case to court. |
|
|
|
|
|
|
Recent Lawyer News Updates |
|
|
Lawyer News RSS
