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High court denies review of Grand Canyon-area mining ban
Legal Blog News |
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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India's top court lifts temple's ban on women who menstruate
Legal Blog News |
2018/10/01 15:45
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India's Supreme Court on Friday lifted a temple's ban on women of menstruating age, holding that equality is supreme irrespective of age and gender.
The historic Sabarimala temple had barred women age 10 to 50 from entering the temple that is one of the largest Hindu pilgrimage centers in the world.
Some religious figures consider menstruating women to be impure. But the court ruled 4-1 the practice of excluding women cannot be regarded as an essential religious practice.
The temple argued the celibate nature of Sabarimala temple's presiding deity Lord Ayyappa was protected by India's Constitution.
The top court's verdict is part a string of recent rulings that recognize more rights of women, challenging deeply conservative Indian society. On Thursday, it scrapped a law which did not allow wives to bring criminal charges against adulterous husbands.
Chief Justice Dipak Misra in part of Friday's judgment said devotion could not be discriminatory and patriarchal notion could not trump equality in devotion.
"Religion cannot be the cover to deny women right to worship. To treat women as children of lesser God is to blink at constitutional morality," he said.
Rahul Eswaran, an attorney for the temple, said the temple management would seek a review of the court's decision. It noted girls and women of other ages were allowed in the temple without restrictions.
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UN court asked to probe Venezuela; leader defiant in speech
Law & Court News |
2018/10/01 15:45
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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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Arizona court to review ruling on car-rental tax surchar
Legal Blog News |
2018/09/30 15:44
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The Arizona Supreme Court will review a lower court’s ruling that a car-rental tax surcharge imposed in Maricopa County to pay for building a football stadium and other sports and recreational facilities is legal.
The high court announced Tuesday that it would review the Court of Appeals’ March ruling that a constitutional provision on use of transportation money wasn’t intended to cover every tax or fee related in any way to vehicles.
Car-rental companies’ attorneys had argued that the constitutional provision meant the surcharge revenue can be used only to build and maintain roads.
Court of Appeals Judge Diane Johnsen wrote that the provision is triggered by a vehicle’s operation on a public roadway.
Attorney Shawn Aiken responded by saying the tax provision relates to the operation of a car. |
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The Latest: 6 countries seek criminal probe of Venezuela
Legal Opinions |
2018/09/29 15:44
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Six countries from the Americas say they are asking the International Criminal Court to investigate Venezuela's government for alleged crimes against humanity. It's the first time that member countries have referred another country to the Netherlands-based U.N. court.
Argentina, Peru, Colombia, Chile, Paraguay and Canada made the announcement on the sidelines of the U.N. General Assembly meeting.
The court has already opened a preliminary investigation into allegations that since April 2017 Venezuelan government forces "frequently used excessive force to disperse and put down demonstrations," and abused some opposition members in detention.
Wednesday's move could broaden the scope of the existing preliminary probe. The countries accuse Venezuela of several crimes including murder, torture and unjust imprisonment.
U.S. Secretary of State Mike Pompeo says his meeting with North Korean Foreign Minister Ri Yong Ho was "very positive."
Pompeo made the comment on Twitter on Wednesday after meeting with Ri at the U.N. General Assembly. The meeting comes as U.S. President Donald Trump and North Korean leader Kim Jong Un work to set up a widely expected second summit to restart stalled diplomacy meant to rid the North of its nuclear weapons.
Pompeo said that "much work remains, but we will continue to move forward."
Kim made denuclearization vows last week in a summit with the South Korean president in Pyongyang, but there's still skepticism over his sincerity to relinquish weapons that many believe are the only major guarantee of his continued authoritarian rule. |
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