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NY court hears arguments on town fracking bans
Court Watch |
2013/03/25 22:04
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Backers of natural gas drilling and environmental advocates wrangled Thursday over whether New York's towns have the legal right to ban oil and gas development in a fight that could ultimately be decided by the state's highest court.
A four-judge appellate panel heard arguments over the local bans in Dryden and Middlefield, two central New York towns among dozens in the state that have passed zoning laws prohibiting drilling. Opponents argue state rules supersede such local restrictions.
The Dryden law is being challenged by drilling company Norse Energy and the Middlefield ban by a dairy farmer who said the town's action prevents her from making money from gas wells that had been planned for her land.
The cases are being closely watched by other towns across the state as a test of their constitutional right of "home rule." They're also of keen interest to the industry, which has claimed it can't operate profitably in a state with a patchwork of local regulation that may shift with each town board election. |
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Man pleads not guilty in Oakland bank bomb case
Court Watch |
2013/03/15 06:46
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A 28-year-old former Marine has pleaded not guilty to charges that he tried to blow up an Oakland bank with a car bomb.
The Oakland Tribune reports Matthew Aaron Llaneza of San Jose entered the plea Friday in federal court. If convicted, he could face life in prison for attempting to use a weapon of mass destruction.
LLaneza's attorney says his client was found to suffer from significant mental illness but was competent to stand trial.
Authorites say Llaneza tried to blow up a Bank of America branch last month and ignite a civil war by blaming the bombing on anti-government militias.
LLaneza has been held in jail since he was caught in an FBI sting operation involving an agent posing as a member of the Taliban. |
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Court says Guam man can sue gov't over surgery
Court Watch |
2013/03/04 20:39
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The Supreme Court says a Guam man can sue the government for a Navy surgeon's unsuccessful cataract surgery.
A unanimous court ruled on Monday for Steven Alan Levin, who was operated on in March 2003 at the United States Naval Hospital in Guam, a U.S. territory. Levin said he withdrew his consent before the operation began but doctors proceeded anyway. Levin suffered complications, which require ongoing treatment.
Levin sued for medical malpractice and battery. The courts threw out the medical malpractice complaint and kept the battery charge. But the 9th U.S. Circuit Court of Appeals said the government is also immune from being sued for battery.
The Supreme Court reversed that decision, with Justice Ruth Bader Ginsburg writing for the court that Levin's battery lawsuit against the government can move forward. |
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Milan court convicts 3 Americans in CIA kidnapping
Court Watch |
2013/02/08 21:05
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A Milan appeals court on Friday vacated acquittals for a former CIA station chief and two other Americans, and instead convicted them in the 2003 abduction of an Egyptian terror suspect from a Milan street as part of the CIA's extraordinary rendition program.
The decision means that all 26 Americans tried in absentia for the abduction now have been found guilty.
The ongoing trials, which have dragged on for years, brought the first convictions anywhere in the world against CIA agents involved in a practice alleged to have led to torture. The case has been the source of diplomatic tensions, although three successive Italian leaders, including the technical government of Premier Mario Monti, have invoked state secrets, which has had the impact of limiting evidence in the successive trials and led to the acquittals of five Italians, including two spy chiefs.
An appeals court sentenced former CIA Rome station chief Jeffrey Castelli to seven years, and handed sentences of six years each to Americans Betnie Medero and Ralph Russomando. A lower court, while convicting 23 other Americans in November 2009, had acquitted the three, citing diplomatic immunity. |
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Court says EPA overestimates biofuels production
Court Watch |
2013/01/30 06:59
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A federal appeals court has ruled that the Environmental Protection Agency is overestimating the amount of fuel that can be produced from grasses, wood and other nonfood plants in an effort to promote a fledgling biofuels industry.
At issue is a 2007 renewable fuels law that requires a certain amount of those types of fuels, called cellulosic biofuels, to be mixed in with gasoline each year. Despite annual EPA projections that the industry would produce small amounts of the biofuels, none of that production materialized.
There have been high hopes in Washington that the cellulosic industry would take off as farmers, food manufacturers and others blamed the skyrocketing production of corn ethanol fuel for higher food prices. Those groups said the diversion of corn crops for fuel production raised prices for animal feed and eventually for consumers at the grocery store. Lawmakers hoped that nonfood sources like switchgrass or corn husks could be used instead, though the industry hadn't yet gotten off the ground.
The 2007 law mandated that billions of gallons of annual production of corn ethanol be mixed with gasoline, eventually transitioning those annual requirements to include more of the nonfood, cellulosic materials to produce the biofuels. As criticism of ethanol has increased, lawmakers and even Presidents George W. Bush and Barack Obama have talked of the cellulosic materials as the future of biofuels. |
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