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Fight over jaguar habitat in Southwest heads back to court
Business Law Info |
2020/03/30 00:58
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A federal appeals court is ordering a U.S. district judge in New Mexico to reconsider a case involving a fight over critical habitat for the endangered jaguar in the American Southwest.
Groups representing ranchers had sued, arguing that a 2014 decision by the U.S. Fish and Wildlife Service to set aside thousands of acres for the cats was arbitrary and violated the statute that guides wildlife managers in determining whether certain areas are essential for the conservation of a species.
With the order released this week, the 10th Circuit Court of Appeals overturned an earlier ruling that had sided with the Fish and Wildlife Service.
Jaguars are currently found in 19 countries. Several individual male jaguars have been spotted in Arizona and New Mexico over the last two decades but there's no evidence of breeding pairs establishing territories beyond northern Mexico.
Shrinking habitats, insufficient prey, poaching and retaliatory killings over livestock deaths are some of the things that have contributed to the jaguar’s decline in the Southwest over the past 150 years.
Under a recovery plan finalized last year, Mexico as well as countries in Central and South America would be primarily responsible for monitoring jaguar movements within their territory. Environmentalists have criticized the plan, saying the U.S. government is overlooking opportunities for recovery north of the international border.
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Supreme Court: Justices healthy and trying to stay that way
Court Feed News |
2020/03/22 00:24
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The Supreme Court reported Friday that the nine justices are healthy and trying to stay that way.
To that end, when the court held its regularly scheduled private conference Friday morning, some of the justices participated remotely, and those who were in the building did not engage in the tradition of shaking hands, court spokeswoman Kathy Arberg said.
The court plans to issue opinions Monday in cases argued during the fall and winter without taking the bench, Arberg said. The last time that happened was when the court decided Bush v. Gore late in the evening of Dec. 12, 2000, essentially settling the disputed 2000 presidential election in favor of Republican George W. Bush.
Arberg wouldn't say who showed up in person Friday to the justices' conference room, adjacent to Chief Justice John Roberts' office. Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, who turned 87 on Sunday, and Stephen Breyer, 81, are the oldest members of the court.
Justice Brett Kavanaugh, 54, flew on a commercial flight last week between Washington, D.C., and Louisville, Kentucky, for a ceremony in honor of U.S. District Judge Justin Walker, a former law clerk whom President Donald Trump named to the federal bench last year. |
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Texas court delays 2nd execution due to virus outbreak
Law & Politics |
2020/03/20 07:25
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Texas’ highest criminal court on Thursday delayed the scheduled execution of a second death row inmate as the state tries to slow the spread of the coronavirus.
The Texas Court of Criminal Appeals ordered a 60-day delay of Tracy Beatty’s scheduled March 25 execution “in light of the current health crisis and the enormous resources needed to address that emergency.”
Beatty was sentenced to death for the 2003 slaying of his 62-year-old mother, Carolyn Click, near Tyler, in East Texas. The ruling noted that the court previously upheld Beatty’s conviction and sentence.
The court on Monday ordered a 60-day delay in the execution of John William Hummel, who had been scheduled to die on Wednesday for the 2009 stabbing of his pregnant wife, Joy Hummel, 45, and fatal bludgeoning of his father-in-law, Clyde Bedford, 57, with a baseball bat.
Gov. Greg Abbott on Thursday declared a state of emergency, ordering schools closed until April 3, banning dine-in eating at restaurants, and ordering bars and gyms to close. Abbott said state government would remain open.
The order also banned public gatherings of 10 or more people, which could have affected the state’s ability to carry out executions, which involve a number of people, including correctional officers, attorneys, physicians, and family members or friends of the inmates and victims. |
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Fight over jaguar habitat in Southwest heads back to court
Legal Career News |
2020/03/19 07:26
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A federal appeals court is ordering a U.S. district judge in New Mexico to reconsider a case involving a fight over critical habitat for the endangered jaguar in the American Southwest.
Groups representing ranchers had sued, arguing that a 2014 decision by the U.S. Fish and Wildlife Service to set aside thousands of acres for the cats was arbitrary and violated the statute that guides wildlife managers in determining whether certain areas are essential for the conservation of a species.
With the order released this week, the 10th Circuit Court of Appeals overturned an earlier ruling that had sided with the Fish and Wildlife Service.
Jaguars are currently found in 19 countries. Several individual male jaguars have been spotted in Arizona and New Mexico over the last two decades but there's no evidence of breeding pairs establishing territories beyond northern Mexico.
Shrinking habitats, insufficient prey, poaching and retaliatory killings over livestock deaths are some of the things that have contributed to the jaguar’s decline in the Southwest over the past 150 years.
Under a recovery plan finalized last year, Mexico as well as countries in Central and South America would be primarily responsible for monitoring jaguar movements within their territory. Environmentalists have criticized the plan, saying the U.S. government is overlooking opportunities for recovery north of the international border. |
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Asylum Seekers Attend Border Court Amid Outbreak
Business Law Info |
2020/03/17 18:12
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U.S. immigration courts sharply scaled back operations Monday but have stopped well short of a total shutdown demanded by employees, including judges and government attorneys.
Wearing face masks, about 30 asylum seekers who had been waiting in Mexico were escorted by authorities into a federal building in El Paso, Texas, some carrying children.
They reported, as instructed, to a border crossing at 4 a.m. Monday and were driven to the court in white vans. Journalists were barred from the courtroom on the grounds that it was too crowded.
A lawyer who attended said the judge appeared by video conference, and few, if any migrants wore masks once the hearing began.
“All of the benches are taken up,” Imelda Maynard said. “Most of the children are asleep in their parent’s arms.”
The Justice Department’s Executive Office for Immigration Review late Sunday postponed preliminary hearings for people who aren’t in custody through April 10. While significant, the order doesn’t extend to courts in immigration detention centers or to the government’s “Migrant Protection Protocols” policy to make asylum seekers wait in Mexico for hearings in the U.S. It also didn’t apply to final hearings which determine whether migrants are granted asylum. |
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Australia’s High Court hears what may be Pell’s last appeal
Court Feed News |
2020/03/13 19:54
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The most senior Catholic to be convicted of child sex abuse took his appeal to Australia’s highest court Wednesday in potentially his last bid to clear his name.
Cardinal George Pell was sentenced a year ago to six years in prison for molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral while he was the city’s archbishop in the late 1990s.
He was convicted by the unanimous verdict of a Victoria state County Court jury in December 2018 after a jury in an earlier trial was deadlocked.
A Victoria Court of Appeal rejected his appeal against his convictions in a 2-1 majority decision in August last year.
Pope Francis’ 78-year-old former finance minister is arguing before the High Court that the guilty verdicts were unreasonable and could not be supported by the whole of the evidence from more than 20 prosecution witnesses who include priests, altar servers and former choirboys.
Seven judges are hearing the case over two days.
Pell’s lawyer Bret Walker told the judges that there had been a “reversal of onus” in which Pell was expected to prove the offending didn’t happen instead of prosecutors proving the crimes were committed beyond reasonable doubt.
“That is a wrong question which sends the inquiry onto a terribly damaging wrong route,” Walker said.
Walker said the allegations that Pell had molested the two boys in a priests’ sacristy moments after a Mass could not be proved if the jury had accepted the evidence of sacristan Maxwell Potter and Monsignor Charles Portelli.
Potter had testified that the sacristy was kept locked during Masses and Portelli had given evidence that he was always with Pell while he was dressed in his archbishop’s robes. |
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