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High court denies review of Grand Canyon-area mining ban
Legal Business |
2018/10/02 09:08
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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.
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Flake stokes presidential speculation as court debate rages
Court Watch |
2018/10/02 00:53
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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. |
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US Supreme Court declines to hear Drew Peterson's appeal
Headline Legal News |
2018/10/01 15:51
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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.
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Supreme Court won't hear case over California beach access
Court Watch |
2018/10/01 11:54
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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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UN court asked to probe Venezuela; leader defiant in speech
Press Release |
2018/09/29 15:54
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Six nations made the unprecedented move Wednesday of asking the U.N.’s International Criminal Court to investigate Venezuela for possible crimes against humanity, even as President Nicolas Maduro made an unexpected trip to the world body’s headquarters to deliver a nearly hourlong speech declaring his nation “will never give in.”
Maduro’s speech at the General Assembly gathering of world leaders came hours after Argentina, Chile, Colombia, Peru, Paraguay and Canada formally asked the ICC to investigate Venezuela on a range of possible charges, from murder to torture and crimes against humanity.
“To remain indifferent or speculative in front of this reality could be perceived as being complicit with the regime. We are not going to be complicit,” said Paraguayan Foreign Minister Andres Rodriguez Pedotti.
The six countries hope the move puts new pressure on Maduro to end the violence and conflict that have sent more than 2 million people fleeing and made Venezuela’s inflation and homicide rates among the highest in the world.
Venezuelan officials have widely rejected international criticism, saying they’re driven by imperialist forces led by the U.S. to justify launching an invasion. And Maduro sounded a defiant tone Wednesday night, complaining that Washington was attacking his country through sanctions and other means and strong-arming other countries into going along in a “fierce diplomatic offensive.”
“The U.S. wants to continue just giving orders to the world as though the world were its own property,” Maduro said. “Venezuela will never give in.”
But at the same time, he said he was willing to talk with Trump.
Wednesday marked the first time that member countries have referred another country to the Netherlands-based U.N. court.
Canada was among nations referring Venezuela to the ICC, and Prime Minister Justin Trudeau seized the moment to defend the idea of global justice the court represents — the day after Trump attacked it in a stinging speech that challenged multilateral organizations.
Its chief prosecutor, Fatou Bensouda, already has opened a preliminary investigation into allegations that Venezuelan government forces since April 2017 “frequently used excessive force to disperse and put down demonstrations,” and abused some opposition members in detention. |
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