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Appeals court finds EPA carbon decision reasonable
Top Court Watch |
2014/04/15 15:07
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A federal appeals court says the Environmental Protection Agency acted reasonably in deciding not to change the primary air quality standard for carbon monoxide.
Three environmental and wildlife organizations want the public health standard toughened.
But the appeals court says in a 3-0 ruling that the private groups cannot challenge the lack of a secondary air quality standard for carbon monoxide. The EPA decided not to have one, based on a finding that the connection between carbon monoxide and climate change was tenuous.
The court ruled Friday that the groups failed to show that the absence of a secondary standard would worsen global warming.
Carbon monoxide is an odorless, colorless gas in motor vehicle exhaust. |
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Supreme Court Refuses To Overturn Arizona Marijuana Ruling
Top Court Watch |
2014/04/03 16:25
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The Supreme Court has refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.
The justices' order was issued without comment Monday in the case of Valerie Okun, who had marijuana in her car when a Border Patrol agent stopped her and her husband in Yuma County, Ariz., in 2011. She was charged with marijuana possession crimes, but the charges were dropped when she provided proof she was authorized to possess marijuana under California's medical marijuana program. Arizona's medical marijuana law allows people with authorizations from other states to have marijuana in Arizona.
But the Yuma County sheriff refused to return Okun's marijuana, even after Arizona courts ruled in her favor. |
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Mass. casino foes ask court to allow repeal effort
Top Court Watch |
2014/03/24 15:31
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Attorney General Martha Coakley erred in excluding from the November state ballot a question that calls for the repeal of the 2011 gambling law, and voters should have the right to decide the issue, casino opponents contended in a court filing Friday.
The group Repeal the Casino Deal submitted a 53-page brief with the Supreme Judicial Court, which is expected to hear arguments in early May.
Former Attorney General Scott Harshbarger, a leader of the anti-casino movement, said that while he greatly respected Coakley, she was "simply wrong" in her analysis of the repeal petition. He said it was inevitable the question would ultimately appear on the ballot.
The casino law allows for up to three resort casinos and one slots parlor and created the Massachusetts Gaming Commission to award licenses and regulate future gambling.
All proposed ballot questions must first go through the attorney general's office to determine whether they pass constitutional muster. In last fall's ruling, Coakley said the repeal question would violate the contracts clause of the state constitution by permitting voters to interfere with implied contracts between the commission and applicants for casino licenses.
"The proposed law is therefore inconsistent with the right to receive compensation for private property appropriated to public use and cannot be certified," the attorney general wrote.
Repeal the Casino Deal argued in its filing that in passing the law, the Legislature did not intend to create any contracts between the commission and casino applicants that would ever prevent the state from exercising its policing or regulatory powers over gambling. |
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Man pleads guilty to stealing from farmers market
Top Court Watch |
2014/03/17 14:53
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Prosecutors say a former Glendale city councilman has pleaded guilty to stealing nearly $305,000 from a farmers market.
The Los Angeles County district attorney's office says 55-year-old John Drayman entered a plea Wednesday to felony charges of embezzlement, filing a false tax return and perjury.
While serving as the director of the Montrose farmers market, Drayman was accused of collecting proceeds from the weekly event and skimming thousands of dollars before turning the money over to the market's treasurer.
Drayman was indicted in 2012 on 28 counts dating from 2004 to 2011. The remaining 25 counts will be dismissed when he is sentenced April 7.
He is expected to be sentenced to a year in jail and ordered to pay $304,853 in restitution and $14,016 to the state tax board. |
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Court: Unplayed Blagojevich tapes to stay sealed
Top Court Watch |
2014/03/14 15:24
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An appellate court in Chicago says transcripts of FBI wiretaps not played at Rod Blagojevich's corruption trials will remain sealed.
The 7th U.S. Court of Appeals is still mulling its decision on the imprisoned former Illinois governor's request to toss his convictions.
Appellate courts typically unseal documents submitted as part of an appeal. But prosecutors later asked that the transcripts submitted to the appeals court not entered into evidence at the trials remain under seal. Blagojevich's attorneys wanted them opened.
But in its order posted Tuesday, the court said that if it eventually agrees the trial judge erred by not admitting the unplayed wiretaps at trial, they will then be unsealed.
The court's expected to rule on the appeal soon.
Blagojevich is serving a 14-year sentence for multiple corruption convictions. |
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