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EPA reaffirms glyphosate safe for users as court cases grow
Lawyer Blog News | 2019/05/01 21:53
The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.

The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.

The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”

Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.

Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.

Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.

In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.

The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph.


Supreme Court to consider Louisiana's non-unanimous juries
Lawyer Blog News | 2019/03/18 23:15
The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.

The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2 vote. First-degree murder charges already require a unanimous jury to convict.

Oregon voters recently approved a state constitutional amendment that ended Oregon's use of divided juries to convict some criminal defendants.

The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.

The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother. The cases will be argued in the fall.


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.


Supreme Court will hear Wisconsin drunk driving case
Lawyer Blog News | 2019/01/13 08:11
The Supreme Court has agreed to hear a challenge to a Wisconsin drunk driving law that has parallels in other states.

Wisconsin law says law enforcement officials can draw blood from an unconscious driver without a warrant if they suspect the person was driving drunk.

The case the court agreed Friday to hear involves Gerald Mitchell. He was arrested in Sheboygan for driving while intoxicated in 2013 in Wisconsin. Mitchell was too drunk to take a breath test and became unconscious after being taken to a hospital. His blood was then drawn without a warrant. Mitchell was ultimately convicted of driving while intoxicated.

Mitchell says the blood draw was a search that violated his constitutional rights, but Wisconsin’s Supreme Court upheld his convictions. Mitchell says 29 states have similar laws.



Missouri death row inmate asks US Supreme Court to intervene
Lawyer Blog News | 2019/01/01 08:18
A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.

The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.

Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.

Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.

Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment.


Supreme Court won't hear Planned Parenthood case
Lawyer Blog News | 2018/12/11 19:05
The Supreme Court is avoiding a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood over the dissenting votes of three justices.

Lower courts in both states had blocked the states from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.

Investigations sparked by the videos in several states didn't result in criminal charges.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have heard the case.

It takes four votes on the nine-justice court to grant review, so neither Chief Justice John Roberts nor new Justice Brett Kavanaugh was willing to join their conservative colleagues to hear the Medicaid funding challenge.

Thomas wrote for the three dissenters that the court seems to be ducking a case it should decide because it involves Planned Parenthood. "But these cases are not about abortion rights," Thomas wrote.

The issue is who has the right to challenge a state's Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state.


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