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Texas energy group asks court to halt fracking ban
Breaking Legal News |
2014/11/07 10:31
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A North Texas city that sits atop a natural gas reserve is preparing for an extended court battle after voters made it the first in the state to ban further hydraulic fracturing — a fight that cities nationwide considering similar laws will likely be watching closely.
An industry group and the state's little-known but powerful General Land Office responded quickly to the measure Denton approved Tuesday night, seeking an injunction in District Court to stop it from being enforced.
Battling the fracking ban will be Texas Land Commissioner-elect George P. Bush's first fight. The founding partner of an energy and infrastructure consultancy, Bush promoted the economic benefits of hydraulic fracturing, or fracking, throughout his campaign.
The ban could have a domino effect in Texas, threatening an "energy renaissance" in shale resources accessed with the drilling technique, said David Porter, a commissioner on the Texas Railroad Commission, the state's oil and gas regulator.
Scores of cities in other states have considered similar bans over health and environmental concerns. Measures aimed at restricting fracking passed Tuesday in Athens, Ohio, and California's San Benito and Mendocino Counties, but failed elsewhere in those states.
The proposal in Denton, a university town about 40 miles north of Dallas, was a litmus test on whether any community in Texas — the nation's biggest oil and gas producer — could rebuff the industry and still thrive.
The courts must "give a prompt and authoritative answer" on whether Denton voters had the authority to ban fracking, Texas Oil and Gas Association attorney Tom Phillips, a former chief justice of the Texas Supreme Court, said Wednesday.
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Abortion-rights supporters welcomed the delay Tuesday.
Breaking Legal News |
2014/11/05 12:40
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"Today the Oklahoma Supreme Court handed the women of Oklahoma a crucial victory by protecting their constitutional rights and restoring critical options for those seeking safe and legal abortion services," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which is supporting efforts to fight the laws.
"Time and time again, courts are seeing that the true motive behind these underhanded and baseless restrictions is to push essential reproductive health care services out of reach for as many women as possible," she said.
A message seeking comment from Oklahoma Attorney General Scott Pruitt was not immediately returned. A spokesman for Gov. Mary Fallin said the governor was on the road on Election Day and was unsure if she could be reached for comment.
The New York-based Center for Reproductive Rights filed a lawsuit in October on behalf of an Oklahoma doctor who performs nearly half the state's abortions, seeking to block the law requiring admitting privileges law.
The physician, Dr. Larry Burns, said he had applied for admitting privileges at 16 nearby hospitals but had yet to get approval from any facility.
When Burns filed his lawsuit in October, Fallin — who signed the legislation into law in May— said she believed abortion was wrong and that she had been "proud to work with lawmakers in both parties to support legislation that protects the health and lives of both mothers and their unborn children." |
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Accused White House intruder to appear in court
Breaking Legal News |
2014/09/29 12:51
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Following an embarrassing security breach at the White House, one of the most closely protected buildings in the world, the Secret Service is said to be considering establishing new checkpoints to screen tourists in public areas near the presidential mansion.
Meanwhile, the man accused of scaling a security fence and getting into the president's home carrying a knife is scheduled to have his initial appearance Monday in federal court.Omar J. Gonzalez, 42, of Copperas Cove, Texas, is facing charges of unlawfully entering a restricted building or grounds while carrying a deadly or dangerous weapon.
The Army says Gonzalez served from 1997 until his discharge in 2003, and again from 2005 to December 2012, when he retired due to disability.The Secret Service tightened its guard outside the White House after Friday's security breach. Gonzalez is accused of scaling the White House perimeter fence, sprinting across the lawn and entering the building before agents could stop him.
President Barack Obama and his family were away at the time. Obama says he still has confidence in the troubled agency's ability to protect him and his family.Secret Service Director Julia Pierson has ordered increased surveillance and more officer patrols, and has begun an investigation into what went wrong. |
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Hawaii, Idaho, Nevada gay marriage laws in court
Breaking Legal News |
2014/09/08 15:52
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For the first time since it declared California's gay marriage ban unconstitutional, the federal appeals court in San Francisco is readying to hear arguments over same-sex weddings in a political and legal climate that's vastly different than when it overturned Proposition 8 in 2012.
State and federal court judges have been striking down bans in more than a dozen states at a rapid rate since a landmark U.S. Supreme Court ruling last year.
Now, three judges on the 9th U.S. Circuit Court of Appeals — all appointed by Democrats and one of whom wrote the opinion overturning Proposition 8 — are set to hear arguments Monday on gay marriage bans in Idaho, Nevada and Hawaii.
"It seemed like such an uphill battle when I started," said Shannon Minter, legal director for the National Center for Lesbian Rights. "I really couldn't imagine then that we would be where we are now."
Minter has been fighting for gay marriage for 21 years, was instrumental in challenging bans in California and Utah and is representing gay couples seeking to overturn Idaho's prohibition. |
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Brazil's Supreme Court elects new president
Breaking Legal News |
2014/08/18 13:42
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Brazil's Supreme Court has elected a new president to replace the body's first black justice, who announced his early retirement in June.
Nine of the court's 10 judges elected Ricardo Lewandowski as the new chief justice Wednesday to succeed Joaquim Barbosa. The choice was not a surprise because the Supreme Court's presidency always goes to the justice who has sat on the bench the longest.
Barbosa is the only black to ever serve on Brazil's top court. He presided over a high-profile corruption trial in 2012 that sent more than 20 people to jail in a congressional payoff scheme. The case made him a household name and he was frequently mentioned as a potential presidential candidate, but he has said he has no desire to run for elective office. |
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Appellate court overturns high-speed rail rulings
Breaking Legal News |
2014/08/05 15:04
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A state appellate court on Thursday overturned two lower court rulings that had stalled funding for California's $68 billion bullet train, handing a big win to Gov. Jerry Brown's signature project and allowing the state to resume selling bonds to pay for it.
The court overturned rulings by Sacramento County Superior Court Judge Michael Kenny last year in which he said the high-speed rail project no longer complies with the promises made to voters in 2008 when they approved selling nearly $10 billion in bonds. In siding with Kings County and Central Valley landowners, Kenny invalidated the sale of $8.6 billion in state bonds and ordered the California High-Speed Rail Authority to write a new funding plan.
Attorneys for the plaintiffs had argued that the state failed to identify all the funding for the first full segment of the rail line in the Central Valley, a cost of about $26 billion, and instead had found just $6 billion to pay for construction. They also argued the state did not have all the necessary environmental clearances as voters were promised. |
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Appeals court to take up Missouri execution case
Breaking Legal News |
2014/07/17 11:17
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A last-minute stay from a federal judge has put a Missouri inmate's execution temporarily on hold.
John Middleton was scheduled to die one minute after midnight Wednesday for killing three people in rural northern Missouri in 1995. With less than two hours to go before the execution, U.S. District Judge Catherine Perry granted a stay, ruling there was enough evidence of mental illness that a new hearing should be held.
Courts have established that executing the mentally ill is unconstitutional.
Missouri Attorney General Chris Koster appealed to the 8th U.S. Circuit Court of Appeals, but that court adjourned for the night without a ruling.
It was a confusing end to a day that saw a flurry of court actions. Perry first granted a stay early Tuesday, but that was overturned by the appeals court. The U.S. Supreme Court refused to overturn the appeals court ruling and declined to halt the execution on several other grounds, including the contention by Middleton's attorneys that he was innocent of the crimes.
Middleton's attorneys then went back to Perry, who once again granted a stay.
However the appeals court eventually rules, the case is likely to end up again in the U.S. Supreme Court.
If the stay is lifted, the state could execute Middleton at any time Wednesday. The death warrant expires at midnight Thursday and if Middleton is not executed by then, the Missouri Supreme Court would have to set a new date. State witnesses and media were told to report back to the prison by 10:30 a.m.
Middleton, 54, would be the sixth man put to death in Missouri this year — only Florida and Texas have performed more executions in 2014 with seven each. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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