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Court revives EPA rule on cross-state pollution
Court Watch |
2014/04/30 12:02
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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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Inmate pleads guilty in prison guard's stabbing
Court Watch |
2014/03/14 15:30
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An inmate has pleaded guilty to murder in the stabbing death of a guard at a federal prison in Central California.
The U.S Attorney's Office says 48-year-old James Ninete Leon Guerrero, of Guam, entered the plea on Tuesday.
Prosecutors say Guerrero held Officer Jose Rivera down at the U.S. Penitentiary in Atwater in 2008 as another inmate, Jose Cabrera Sablan, stabbed him more than 20 times with an eight-inch shank. The 22-year-old Rivera - a U.S. Navy veteran - was doing a daily headcount when he was attacked.
Guerrero was serving a life prison sentence at the time in connection with an armed bank robbery. Prosecutors say under a plea agreement, he will receive another life term. Sablan is scheduled to go on trial in April. |
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Man pleads guilty to sea cucumber smuggling charge
Court Watch |
2014/03/10 15:32
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Federal prosecutors in San Diego say a man has pleaded guilty to charges he smuggled 100 pounds of dried sea cucumber into the United States from Mexico.
Sea cucumbers are leathery-skinned marine animals used in some folk medicine practices.
United States Attorney Laura E. Duffy says Cheng Zhuo Liu (chuhng joo-oh lee-oo), a resident of Chula Vista, admitted to tucking the sea cucumbers into the spare tire area of his car before crossing the border last October.
According to the US attorney's office, their market value was between $5,000 and $10,000.
The particular species Liu had is protected under international trade rules, and requires a permit for import.
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Supreme Court orders stay of execution
Court Watch |
2014/01/30 15:43
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The U.S. Supreme Court granted a temporary stay of execution for Missouri death row inmate Herbert Smulls on Tuesday night.
Justice Samuel Alito signed the order that was sent out after President Barack Obama's State of the Union speech, about two-and-a-half hours before Smulls was scheduled to die at 12:01 a.m. Wednesday.
Smulls' lawyer, Cheryl Pilate, had made last-minute pleas Tuesday to spare his life, focusing on the state's refusal to disclose from which compounding pharmacy they obtain the lethal-injection drug, pentobarbital. Missouri has argued the compounding pharmacy is part of the execution team _ and therefore its name cannot be released to the public.
Smulls, 56, was convicted and sentenced to death for killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.
Pilate says the stay is temporary while the high court reviews the case, but she is hopeful the stay will become permanent. |
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NM court to hear case over educator pension cuts
Court Watch |
2013/09/03 22:18
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New Mexico's highest court is mulling whether the state can cut cost-of-living increases for retired educators to help shore up the pension system's long-term finances.
The state Supreme Court is to hear from lawyers on Wednesday in a case brought by four retirees, who say the state Constitution protects their pensions from reductions like those required under a law enacted earlier this year.
The retirees contend the law gives them a "vested property right" in their retirement benefits and they are legally entitled to the cost-of-living adjustments previously promised, which would have been 2 percent this year without the change in law.
The attorney general's office and the Educational Retirement Board, in written arguments to the court, said the Constitution includes a provision that allows pensions to be modified to preserve the solvency of a retirement plan.
However, the retirees said in their lawsuit that provision only applies to retirement benefits before an employee works long enough to become vested in a pension system.
The Democratic-controlled Legislature and Republican Gov. Susana Martinez agreed on a package of pension changes this year to improve the solvency of the educational retirement program, which has a $6 billion gap between its assets and the benefits expected to be paid out in the future.
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