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UN court orders US to lift some Iran sanctions
Attorney News | 2018/10/03 22:37
The United Nations' highest court on Wednesday ordered the United States to lift sanctions on Iran that affect imports of humanitarian goods and products and services linked to civil aviation safety.

The ruling by the International Court of Justice is legally binding, but it remains to be seen if the administration of President Donald Trump will comply.

Trump moved to restore tough U.S. sanctions in May after withdrawing from Tehran's nuclear accord with world powers. Iran challenged the sanctions in a case filed in July at the International Court of Justice.

In a preliminary ruling, the court said that Washington must "remove, by means of its choosing, any impediments arising from" the re-imposition of sanctions to the export to Iran of medicine and medical devices, food and agricultural commodities and spare parts and equipment necessary to ensure the safety of civil aviation.

By limiting the order to sanctions covering humanitarian goods and the civil aviation industry, the ruling did not go as far as Iran had requested.

The U.S. ambassador to the Netherlands, Peter Hoekstra, pointed that out in a tweet.

"This is a meritless case over which the court has no jurisdiction," the ambassador tweeted. "Even so, it is worth noting that the Court declined today to grant the sweeping measures requested by Iran. Instead, the Court issued a narrow decision on a very limited range of sectors."

While imposing the so-called "provisional measures," the court's president, Abdulqawi Ahmed Yusuf, stressed that the case will continue and the United States could still challenge the court's jurisdiction.



High court denies review of Grand Canyon-area mining ban
Legal Business | 2018/10/02 09:08
The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry.

The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies.

The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place.

"Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.



Flake stokes presidential speculation as court debate rages
Court Watch | 2018/10/02 00:53
The Republican senator who suddenly sits at the center of the explosive debate over President Donald Trump's Supreme Court pick was set to address New Hampshire voters on Monday ahead of a possible run for president.

Arizona Sen. Jeff Flake was scheduled to speak in New Hampshire Monday evening, his second appearance this year in the state that hosts the nation's first presidential primary election.

Three days earlier, Flake single-handedly delayed Brett Kavanaugh's confirmation proceedings by insisting on an FBI investigation as a condition for his support.

Flake told CBS' "60 Minutes" on Sunday that he believed the woman accusing Kavanaugh of sexual assault and said the conservative judge's nomination would be "over" if federal investigators determine he lied to the committee.

Flake, a 55-year-old lifelong conservative who is retiring from the Senate at the end of the year, has quickly emerged as the centerpiece of a passionate lobbying effort from the right and left.

Organizers said a separate Flake appearance in Boston earlier in the day was moved to City Hall after security concerns emerged about the original location.

Hundreds of liberal protesters, victims of sexual assault among them, pleaded with Flake to block Kavanaugh's nomination outside the venue. A similar demonstration was planned for New Hampshire.


US Supreme Court declines to hear Drew Peterson's appeal
Headline Legal News | 2018/10/01 15:51
The U.S. Supreme Court has declined to hear former Chicago-area police officer Drew Peterson's appeal of his murder conviction in the drowning death of his third wife.

The Chicago Sun-Times reports the high court refused Monday to take up Peterson's bid to have his murder conviction overturned. His appeal request was filed in June.

The 64-year-old Peterson, a former Bolingbrook police officer, is serving a 38-year sentence for Kathleen Savio's 2004 death and another 40-year sentence after being convicted of plotting to kill the prosecutor in the case.

The Illinois Supreme Court declined to overturn Peterson's murder conviction last year. Peterson is being held at a federal prison in Indiana. He's also a suspect in the 2007 disappearance of his fourth wife, Stacy Peterson, but hasn't been charged.



Supreme Court won't hear case over California beach access
Court Watch | 2018/10/01 11:54
The Supreme Court is refusing to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach.

The justices said Monday that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public.

Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation.

A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access.

Khosla — a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems — closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling.

The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.

The previous owners of the property allowed public access to the beach for a fee. But Khosla's attorneys say the cost to maintain the beach and other facilities far exceeded revenue from the fees.

The government cannot demand that people keep their private property open to the public without paying them to do so, Khosla's attorneys said in their appeal to the U.S. Supreme Court.

The state appeals court ruling would "throw private property rights in California into disarray," the appeal argued, saying other property owners along California's coast would prefer to exclude the public.

The Surfrider Foundation said Khosla's appeal to the U.S. Supreme Court was premature because he had not yet applied for a permit and received a decision from the state.

"This win helps to secure beach access for all people, as is enshrined in our laws," said Angela Howe, legal director of the foundation. "The Surfrider Foundation will always fight to preserve the rights of the many from becoming the assets of the few."


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