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Hawaii Supreme Court affirms Maui solar telescope permit
Court News |
2016/10/10 22:08
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Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.
The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.
Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.
"We only have one alternative now," she said. "We have to continue to protest in other ways."
They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.
The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.
State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.
"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."
Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.
"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.
External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month. |
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Court fight over Ohio executions likely to focus on sedative
Court News |
2016/10/08 22:08
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Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.
The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.
The key difference comes with the first drug the state plans to use, midazolam (mih-DAY'-zoh-lam), which has been challenged in court as unreliable.
The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.
Defense attorneys say it's unclear what a much bigger dose would achieve.
Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.
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Oklahoma Supreme Court invalidates law restricting abortion
Headline Legal News |
2016/10/04 12:13
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The Oklahoma Supreme Court has thrown out another state law that would put new restrictions on abortion providers.
In a unanimous opinion handed down Tuesday, all nine justices agreed that the statute adopted by the Legislature last year "contains different and unrelated purposes" in violation of the Oklahoma constitution's requirement that legislation cover a single subject.
The law encompasses four abortion-related topics: minors and parental consent; tissue preservation; inspection of clinics; and legal liability for abortion providers.
The New York-based Center for Reproductive Rights challenged the law and the state's highest court subsequently blocked it from going into effect. The center sued on behalf of Dr. Larry Burns of Norman, who performs nearly half of Oklahoma's abortions.
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Appeals court upholds order against Pence on Syrian refugees
Headline Legal News |
2016/10/04 12:13
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A federal appeals court has upheld a lower court's order blocking Indiana Gov. Mike Pence from barring state agencies from helping Syrian refugees resettle in the state.
A three-judge panel for the 7th U.S. Circuit Court of Appeals in Chicago on Monday agreed with an injunction a federal judge issued in February. The judge found Pence's directive "clearly discriminates" against refugees from the war-torn nation.
The appeals court says federal law doesn't allow a governor "to deport to other states immigrants he deems dangerous."
Donald Trump's running mate, Pence, was among dozens of governors from mostly Republican states who tried to block Syrian refugees after the Paris terror attacks last November.
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US Supreme Court won't hear Arizona death sentence case
Court Watch |
2016/10/03 12:13
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The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.
The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.
The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing. |
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