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Lawsuit seeks access to more secret court opinions
Press Release | 2014/05/02 13:45

The Obama administration has failed to turn over documents under public-records requests detailing still-secret court orders about the scope and legality of National Security Agency surveillance, according to a lawsuit filed Thursday in federal court.

The Electronic Frontier Foundation, a civil liberties group, said the Justice Department failed under its legally prescribed deadline to hand over documents in four requests since last year under the Freedom of Information Act. The requests sought, among other documents, secret opinions from the Foreign Intelligence Surveillance Court exploring whether the NSA violated the law in collecting Americans' Internet communications.

A Justice Department spokesman said Thursday that the agency was "committed to a transparent and open government, and makes every attempt to comply with Freedom of Information requests in a timely and efficient manner while ensuring that classified or sensitive information is not improperly released."

The lawsuit comes at a time when the president has promised to be more transparent on how the intelligence agencies conduct surveillance. As part of its response to the fallout from former NSA systems analyst Edward Snowden's disclosures, the administration has declassified hundreds of pages of documents regarding the secret surveillance programs, including many of the surveillance court opinions.

The Electronic Frontier Foundation has aggressively sought access to the secret court's records, and some recently disclosed documents were the result of those lawsuits. EFF's most recent FOIA requests, among those challenged Thursday in U.S. District Court in Washington, also sought opinions from the secret appeals court and, if any were to exist, at the Supreme Court.


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Attorney News | 2014/05/02 13:44
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Court revives EPA rule on cross-state pollution
Court Watch | 2014/04/30 12:02
The Supreme Court has given the Environmental Protection Agency an important victory in its effort to reduce power plant pollution that contributes to unhealthy air in neighboring states.

The court's 6-2 decision Tuesday means that a rule adopted by EPA in 2011 to limit emissions from plants in more than two-dozen Midwestern and Southern states can take effect. The pollution drifts into the air above states along the Atlantic Coast and the EPA has struggled to devise a way to control it.

Power companies and several states sued to block the rule from taking effect, and a federal appeals court in Washington agreed with them in 2012.

Justice Ruth Bader Ginsburg wrote the court's majority opinion. Justices Antonin Scalia and Clarence Thomas dissented.


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Attorney News | 2014/04/30 12:02
Whether you're an individual, small, or medium-sized business, you deserve the finest legal representation to litigate your civil and criminal matters from an experienced attorney. You need an attorney who understands your and fights for your goals. An attorney who can work with you to achieve those goals, whether they be business or personal. With over ten years of experience at two of the nation’s preeminent law firms, Brad excels at providing unrelenting representation and imaginative problem solving in high stake matters.The Law Office of W. Bradley Ney offers individuals and business clients the highest quality litigation services comparable to any large law firm attorney.

Graduating with honors from The Ohio State University in 1999 and Cornell Law School in 2002, Brad has honed his legal litigating skills in the DC offices of Skadden Arps and Dow Lohnes, PLLC. Practicing business litigation, securities litigation and white collar criminal defense, Brad has represented clients in both federal and state courts across the country, and even in regulatory matters before agencies including but not limited to the SEC, IRS and FAA. Brad has significant criminal trial and appellate experience. He has taken on felony cases from the Maryland Public Defender’s Office pro bono. Brad has been a guest lecturer on contract litigation at Cornell Law School; has served as editor and research assistant to Professor Robert Summers (co-author of White & Summers’ UCC Treatise); and published on the subject of best practices in responding to subpoenas. Brad began his solo practice in 2011 on a contract basis by providing high-caliber litigation services to law firms.In 2013, he expanded his practice to provide quality legal services to individuals and small and medium-sized business.

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High court rejects appeal on sex-offender rules
Headline Legal News | 2014/04/25 11:18
The California Supreme Court declined to review a lower court's ruling striking down sex-offender restrictions in Orange County that were among the strictest in the state.

Wednesday's move means that local bans in dozens of California communities are trumped by state law and invalidated, as the 4th District Court of Appeal found in January.

"We're obviously disappointed," Susan Kang Schroeder, chief of staff for Orange County's district attorney, told City News Service. "We put our heart and soul in every brief and every argument to protect the children of Orange County from dangerous sex offenders. ... We still believe it was the right thing to do."

Some 30 cities statewide, half of them in Orange County, have passed sex-offender ordinances that the Supreme Court's action effectively invalidates. To revive them, state law would have to be changed to allow for different local restrictions.

Orange County's restrictions passed in 2011 barred offenders from parks and beaches unless they had written permission from the sheriff.

But in 2012, a county court overturned the misdemeanor conviction of a sex offender, Hugo Godinez, for going to a company picnic at a Fountain Valley park and asked the appeals court to rule on the case and the legality of the regulations.

The appeals judges found that the rule conflicts with laws passed by the state that already provide a "comprehensive statutory scheme regulating the daily life of sex offenders." It struck down a similar ordinance in the city of Irvine.


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