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Supreme Court puts Obama's climate change plan on hold
Lawyer Blog News | 2016/02/10 20:53
A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.

The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab." By temporarily freezing the rule the high court's order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.

The court's four liberal justices said they would have denied the request. The plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. Appellate arguments are set to begin June 2. The compliance period starts in 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.

Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that power plants will have to spend billions of dollars to begin complying with a rule that may end up being overturned.

Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.



Court Upholds Rifle Sales Reporting Requirement
Lawyer Blog News | 2013/06/01 18:21
A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.

The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.

But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.

The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one.


Appeals court rejects waste storage at nuke plants
Lawyer Blog News | 2012/06/09 18:18
A federal appeals court on Friday threw out a rule that allows nuclear power plants to store radioactive waste at reactor sites for up to 60 years after a plant shuts down.

In a unanimous ruling, a three-judge panel of the U.S. Court of Appeals for the District of Columbia said the Nuclear Regulatory Commission did not fully evaluate the risks associated with long-term storage of nuclear waste. The court said on-site storage has been "optimistically labeled" as temporary, but has stretched on for decades.

The decision puts the Obama administration in a bind, since the White House directed the Energy Department to rescind its application to build a final resting place for the nation's nuclear waste at Nevada's Yucca Mountain and cut off funding two years ago. An alternative site has not yet been identified.


Court orders woman to stay away from Jeff Goldblum
Lawyer Blog News | 2012/05/26 23:11
A judge on Friday granted Jeff Goldblum a temporary restraining order against a woman who has been repeatedly ordered to stay away from the actor in recent years.

Goldblum's attorneys obtained the order against Linda Ransom, 49, after she repeatedly went to the actor's home three times this month. A previous stay-away order against Ransom from 2007 has expired and police claim she has told them that she will not stop trying to meet Goldblum unless a restraining order is in place.

The filings state Ransom has been arrested three times for violating previous restraining orders. Goldblum first alerted authorities to her in 2001 after she attended one of his acting classes and then started waiting outside his home.

"Over the past decade, I have experienced substantial emotional distress due to Ms. Ransom's continuous stalking, harassing, and threatening behavior," Goldblum wrote in a sworn court declaration.


2nd campaign aide to DC mayor pleads guilty
Lawyer Blog News | 2012/05/24 23:10
For the second time in three days, a former campaign staffer to District of Columbia Mayor Vincent Gray has pleaded guilty to a federal offense arising from Gray's 2010 mayoral bid.

Howard Brooks pleaded guilty Thursday to lying to the FBI about payments he made to another mayoral candidate using Gray campaign funds. On Tuesday, former Gray aide Thomas Gore pleaded guilty to making some of the same payments and shredding records of them.

Authorities said the cases makes clear that the Gray campaign engaged in dirty politics.

"Today's guilty plea further reveals the underhanded dealings that tainted the integrity of the 2010 mayoral campaign," U.S. Attorney Ronald Machen said in a statement.

What remains unclear is whether Gray participated in or even knew about the criminal activity. While Gray has suffered politically from the scandal, he has not been implicated in any crimes. He has insisted previously during a long-running federal probe that he knew nothing about the potential misdeeds committed by staffers.

The most serious offenses that arose from the cases against Gore and Brooks occurred after Gray took office and involved attempts to conceal the Gray campaign's schemes. Gore pleaded guilty to shredding records of payments made with Gray campaign funds to Sulaimon Brown, a minor mayoral candidate. And Brooks admitted lying to the FBI about his involvement in giving Brown the money.


High court will take up wiretaps lawsuit
Lawyer Blog News | 2012/05/21 23:10
The Supreme Court says it will consider shutting down a legal challenge to a law that lets the United States eavesdrop on overseas communications.

A federal appeals court ruled last year that a lawsuit filed by lawyers, journalists and human rights groups objecting to the latest version of the Foreign Intelligence Surveillance Act could proceed. But the Obama administration appealed, and the justices said Monday they will take up the case in the fall.

The lawsuit was brought by those in jobs that require them to speak with people overseas who are possible targets of the surveillance.

No court has ruled on the merits of the lawsuit. The current legal fight is over whether the law's challengers are entitled to make their case in federal court.

The administration says the lawsuit should be dismissed because the plaintiffs only have a fear of having their communications intercepted — as opposed to citing specific instances — which the administration says is insufficient for asking federal judges to intervene. The law's challengers, however, argue that they already have taken costly and burdensome steps to protect the confidentiality of their overseas communications, based on a reasonable belief that the government could be monitoring their calls.


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