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Court says EPA air pollution rule is illegal
Lawyer Blog News | 2008/08/21 12:42
A Bush administration rule barring states and local governments from requiring more air pollution monitoring is illegal, a federal appeals court ruled Tuesday.

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit threw out a two-year-old rule that may have allowed some refineries, power plants and factories to exceed pollution limits because the Environmental Protection Agency "failed to fix inadequate monitoring requirements ... and prohibited states and local authorities from doing so."

Since 1990, the Clean Air Act has required permits granted to facilities releasing more than 100 tons of any pollutant a year to include enough monitoring to ensure the company is meeting its emissions targets. Approximately 15,000 to 16,000 permits have been issued under the program, mostly by state and local pollution agencies.

"We can't have strong enforcement of our clean air laws unless we know what polluters are putting into the air," said Keri Powell, a staff attorney with Earthjustice, who sued the EPA on behalf of four environmental groups.

The EPA said Tuesday that it was reviewing the court's decision. But an agency spokesman said the monitoring deficiencies should be remedied on the national level rather than on a case-by-case basis.

Appeals court judge Brett Kavanaugh, a former attorney in the Bush White House, wrote the sole dissenting opinion.

He said that while EPA and state and local governments may disagree about whether monitoring requirements will adequately measure compliance, he found "nothing in the statute that prohibits EPA's approach."



Jury finds ranch negligent in 10-death landslide
Lawyer Blog News | 2008/08/20 15:33
A jury has ruled that a ranch company's negligence helped lead to the huge 2005 landslide that crushed part of a seaside community and killed 10 people.

After a trial of nearly two months, the jurors in Ventura County Superior Court found on Tuesday that the La Conchita Ranch Co. did not build a sufficient drainage system for its land on a hilltop overlooking the community of La Conchita.

The landslide followed soaking winter storms, and attorneys for the plaintiffs had argued the ranch, which grows lemons and avocados, saturated its orchards and created a "perfect recipe" for a landslide.

The ranch's lawyers countered that the area is geologically unstable and has had at least six landslides, including a 1909 slide that killed four railroad workers.

The Jan. 10, 2005, slide destroyed 13 homes and damaged 23 others in the unincorporated town on California's central coast, 70 miles northwest of Los Angeles.

"I'm glad the ranch is being held accountable," said community leader Mike Bell, sometimes called the "mayor" of the unincorporated town. "They had every opportunity to prevent what happened to our town and hopefully now they're going to pay for it."

Attorneys for both sides declined to comment after Tuesday's findings, citing a gag order that continues until the damages phase of the trial is over. That part of the trial, which the judge has said could take more than a month, begins Monday.

The ranch will not be subject to punitive damages, because the jury ruled that its conduct was not "outrageous" or in "reckless disregard" to property or people.

It took Judge Vincent O'Neill more than an hour to read 50 pages of findings in the case, in which dozens of plaintiffs including property owners and relatives of victims sued the company for wrongful death, personal damage and property damage.

The complex jury verdict also found that some of the plaintiffs who owned property in the area were liable for injuries to other plaintiffs.

The jury exonerated ranch manager David Orr and Ventura County, saying they were not negligent.



Court protests halt hearing in immigrant killing
Lawyer Blog News | 2008/08/19 14:37
Courthouse protests have caused a brief interruption in the preliminary hearing of three teenagers charged in the beating death of a Mexican immigrant in a small Pennsylvania town.

About 40 protesters outside the courthouse in Pottsville have been told to keep quiet or they'll be forced to move. The protesters are from workers and immigrants' rights groups.

A defense attorney complained about the distraction and the hearing was recessed for several minutes until the protesters quieted down. There have been no arrests.

Luis Ramirez was attacked July 12 when he crossed paths with a group of teens in the town of Shenandoah, about 80 miles northwest of Philadelphia.

A judge is deciding if there is enough evidence against the three to send the case to trial.



Calif top court: Docs can't withhold care to gays
Lawyer Blog News | 2008/08/19 10:36
 California's highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.

Justice Joyce Kennard wrote that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state's law, which "imposes on business establishments certain antidiscrimination obligations."

In the lawsuit that led to the ruling, Guadalupe Benitez, 36, of Oceanside said that the doctors treated her with fertility drugs and instructed her how to inseminate herself at home but told her their beliefs prevented them from inseminating her. One of the doctors referred her to another fertility specialist without moral objections, and Benitez has since given birth to three children.

Nevertheless, Benitez in 2001 sued the Vista-based North Coast Women's Care Medical Group. She and her lawyers successfully argued that a state law prohibiting businesses from discriminating based on sexual orientation applies to doctors.

The law was originally designed to prevent hotels, restaurants and other public services from refusing to serve patrons because of their race. The Legislature has since expanded it to cover characteristics such as age and sexual orientation.



Ohio jury visits apartment in microwave death case
Lawyer Blog News | 2008/08/18 15:34
A jury in Dayton, Ohio, has visited the apartment where prosecutors say a woman killed her month-old baby by burning her in a microwave oven.

The visit came ahead of opening statements Monday in the retrial of 28-year-old China Arnold. She's charged with aggravated murder in the 2005 death of her daughter, Paris Talley.

Arnold has pleaded not guilty. She could face the death penalty if convicted.

A judge declared a mistrial in February after privately hearing testimony from a juvenile who said he was at the apartment complex the night the baby died. The judge did not reveal what the juvenile said.



Appeals court: Phil Spector's retrial can proceed
Lawyer Blog News | 2008/08/16 15:34
A California court panel has decided that the retrial of Phil Spector on a murder charge can proceed.

A state appeals court on Friday rejected a defense request to halt the trial.

The music producer's attorneys had requested a stay of the trial so they could appeal on double jeopardy grounds. They also wanted assurance that prosecutors would not ask jurors to convict Spector of lesser offenses. The court denied both requests.

Spector's first trial resulted in a jury deadlock on second-degree murder. Prosecutors have not indicated whether they will seek a conviction on lesser offenses.

The 68-year-old is charged with killing actress Lana Clarkson at his home in 2003. His retrial is set for October.



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