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Legal questions raised on NY's gas-drilling rules
Business Law Info | 2011/07/12 13:21
While an energy industry economist says New York's proposal to place large areas off-limits to gas drilling is overly restrictive, an environmental lawyer says the proposed watershed protections don't go far enough.

The Department of Environmental Conservation posted its 700-plus-page blueprint for hydraulic fracturing in the lucrative Marcellus Shale region on its website on Friday, allowing industry and environmental groups to start dissecting the proposed plan to allow gas drilling in an area where it's been on hold since 2008.

More than 3,300 gas wells have been drilled since 2005 across the border in Pennsylvania, bringing new jobs and economic benefits as well as environmental problems such as accidental chemical spills, gas-tainted well water and river pollution. New York state regulators have upheld permitting for three years while they conduct an environmental review and draft new regulations.

The proposed New York rules include a section describing several gas-drilling operation accidents in Pennsylvania and outlining New York's measures designed to mitigate such incidents.

"Our biggest concern is the restrictions that have been added," said John Felmy, chief economist for the American Petroleum Institute. "In particular, the New York City and Syracuse watersheds, and taking state lands off the table. Those are big areas."

Felmy said natural gas development in New York's economically depressed Southern Tier would bring billions of dollars in economic activity, thousands of jobs, and new tax revenues. But a coalition of 47 health and environmental groups has called for a statewide ban on hydraulic fracturing for natural gas, saying it poses unacceptable risks.


Illinois Supreme Court upholds public works plan
Lawyer Blog News | 2011/07/12 12:22
The Illinois Supreme Court has unanimously upheld a law that created a $31 billion statewide construction program, averting a threat to the thousands of jobs the projects created.

The decision also removes a roadblock to allowing video gambling at bars, restaurants and truck stops across Illinois.

The court on Monday unanimously rejected arguments that lawmakers improperly mixed different issues in a single law.

Lawmakers approved the public works program in 2009, deciding to fund the construction by raising taxes on liquor and candy, as well as legalizing video gambling.

Chicago Blackhawks owner and liquor distributor Rocky Wirtz challenged the law. An appeals court agreed with him that it violated a requirement that laws be limited to one topic. The Supreme Court said it all was connected to the construction program.


Anthony lawyer rises from obscurity to legal fame
Headline News | 2011/07/12 09:22
Three years ago, Jose Baez's name was barely a blip in the legal community.

This was a lawyer who made his way to the profession after dropping out of high school, getting a GED and going into the Navy. He tried several failed businesses — including two bikini companies — before he eventually enrolled at Florida State University and St. Thomas University School of Law. It took another eight years for him to be admitted to the bar.

Now he's arguably one of the most recognizable attorneys in the country after his client Casey Anthony was acquitted in the death of her 2-year-old daughter, Caylee, in a case marked by a captivated national audience and searing scrutiny of every legal twist.

For the last three years since, Baez faced questions from other attorneys and TV commentators about his lack of criminal law experience and tactics. Now he's a legal celebrity almost certain to be offered interviews, book offers and possibly movie deals that could bring hundreds of thousands of dollars.

"I think this is obviously life-altering for Jose Baez," said Terry Lenamon, a former member of Anthony's defense team, who left the case in 2008 after a disagreement over strategy.

Baez, 42, took Anthony's case pro bono in 2008, after getting a referral from a former client who shared a cell with Anthony following her initial arrest. He has handled the case since then, operating on state funds available to Anthony because of her indigent status, and from an early $200,000 she received from licensing photos and videos to ABC News.


Strauss-Kahn's French accuser heard by police
Legal World News | 2011/07/12 09:21
A French writer who contends that former International Monetary Fund chief Dominique Strauss-Kahn tried to rape her gave a statement to French police investigators on Monday, a judicial official said.

Tristane Banon brought a criminal complaint last week, and the Paris prosecutor's office has opened a preliminary investigation into her allegations that Strauss-Kahn attacked her in an empty apartment during a 2003 interview.

A judicial official speaking on condition of anonymity in accordance with French judicial regulations said police heard from Banon on Monday.

Banon made no official report of being victimized after the alleged attack eight years ago. Her lawyer, however, said he has evidence, including text messages related to the incident, and Banon has explained that her mother — a Socialist Party politician — dissuaded her from making a complaint immediately after the alleged incident.

A prominent Socialist, Strauss-Kahn had been seen as a leading potential contender and challenger to conservative President Nicolas Sarkozy for next year's elections — until the New York hotel incident embarrassed Strauss-Kahn's party and left him in the political wilderness.

Banon has told L'Express magazine that during an interview for a book project, Strauss-Kahn grabbed her hand and arm before the two fell to the floor of his apartment and fought for several minutes, with the politician trying to open her jeans and bra and putting his fingers in her mouth and underwear.


Law Firm To Collect $35M In Forfeited Bonds
Legal Career News | 2011/07/11 10:46
A law firm will be appointed to collect about $35 million in forfeited bonds owed to Dallas County.

District Attorney Craig Watkins said Wednesday that a law firm, to be selected later, will get to keep 25 percent of the amount collected.

A recent local newspaper review found that many of the uncollected defaulted judgments date back decades. The newspaper reports that Dallas County has been hampered by outdated computers, poor oversight and lack of coordination among departments.

Defendants post bond to get out of jail, paying bondsmen usually 10 percent of the amount set by a judge. If the person doesn’t show up for court, a warrant is issued and the bond is forfeited.

The review found many companies failed to pay Dallas County the full amount.


Lawyer defends Nevada truck firm in Amtrak crash
Court Feed News | 2011/07/11 08:47
A lawyer for the Nevada trucking company whose tractor-trailer slammed into an Amtrak train, killing six people, defended the company’s safety record Thursday and said it was not at fault in two previous accidents cited in state safety records.

John Davis Trucking Co. has been cooperating with local, state and federal investigators and is as anxious as anyone to learn why the driver who died in the June 24 crash ignored flashing lights and crossing gates before skidding the length of a football field into the side of the train, Steven Jaffe of Las Vegas said.

But he said four negligence lawsuits filed against the Battle Mountain company — combined with the ongoing investigation by the National Transportation Safety Board — has kept the brothers who own the family-run business from sharing information that would help shed more light on the tragedy.

“There’s a lot more than meets the eye,” Jaffe told The Associated Press. “I think when it all comes down to it, the public is going to see a very different John Davis Trucking than was originally put out there.

“I believe the evidence will show their conduct was defensible in all of this,” he said. “I have a great deal of trust in the legal system, and if some day we go in front of a jury, I’m confident it will give us the chance to say that we did everything right.”

Federal records reviewed by the AP show the state Department of Public Safety cited the company for 16 vehicle maintenance violations over the past two years and noted it had been involved in two crashes during that period, including one in February 2010 that injured a person in Washoe County.


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