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Supreme Court: Guam can pursue $160M dump cleanup lawsuit
Court and Trial |
2021/05/24 10:43
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The Supreme Court says the U.S. territory of Guam can pursue a $160 million lawsuit against the federal government over the cost of cleaning up a landfill on the island.
The justices on Monday unanimously overturned a lower court decision that had said Guam had waited too long to pursue the claim.
The case before the justices involves a long-running dispute over the Ordot Dump on Guam. The lawsuit says the Navy built the dump during the 1940s and then deposited toxic military waste there before turning over control to Guam in 1950.
Guam operated the dump for decades. The U.S. has said Guam “vastly expanded” it and “failed to provide even rudimentary environmental safeguards.” In 2002, the government sued Guam over pollution from the dump. Guam ultimately agreed in 2004 to close the dump and take steps to stop pollution from the dump, among other things.
In 2017, Guam sued the United States, arguing that it’s responsible for some of the costs of the cleanup, which Guam estimates to be more than $160 million. A trial court had allowed the lawsuit to go forward, but an appeals court had dismissed it.
In an email, Guam’s attorney Gregory Garre said: “We are thrilled with the Court’s decision in favor of Guam today, which paves the way for the United States to pay its fair share for the cleanup of the Ordot Dump.” The case is Territory of Guam v. United States, 20-382
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Brazil police probe environment minister over timber exports
Court and Trial |
2021/05/19 17:39
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Brazil’s Federal Police on Wednesday carried out searches to investigate whether Environment Minister Ricardo Salles and other key figures within the ministry facilitated illegal timber exports to the U.S. and Europe.
The Supreme Court authorized the search of nearly three dozen locations in Sao Paulo state, the Amazonian state of Para and Brazil’s federal district, according to a police statement.
The operation stems from a decision of the court’s Justice Alexandre de Moraes, who ordered the investigation of 10 officials at the ministry and the regulatory agency.
Nine of them were preventatively suspended from working, including agency President Eduardo Bim — but not Salles — according to a copy of de Moraes’ May 13 decision made public on Wednesday. He wrote that there appeared to be a contraband scheme with Salles’ involvement.
Local media G1 reported Salles told reporters in capital Brasilia that he understood the police operation to be overblown and unnecessary, and said his ministry always acts in accordance with laws. The ministry and regulator didn’t respond to requests for comment from The Associated Press.
The justice’s decision alleged that officials issued several certificates retroactively authorizing specific timber shipments after their seizure abroad and that subsequently, in February 2020, Salles and Bim met with lumber companies and lawmakers about exports from Para state.
Bim soon issued an order retroactively loosening requirements for “thousands of loads exported between 2019 and 2020 without respective documentaion,” de Moraes wrote. The judge’s decision also suspended Bim’s order.
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Judge: Pretrial release OK for man accused in Capitol riot
Court and Trial |
2021/05/14 14:05
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A judge has ruled that one of two Oregon brothers accused in the insurrection at the U.S. Capitol will be released from custody Friday to a third-party guardian, where he will be on home detention and GPS monitoring pending his trial.
U.S. District Judge Randolph D. Moss, of the District of Columbia, on Thursday granted Matthew Klein’s pretrial release to a Baker County couple after refusing to allow him to stay with his parents. Moss last week cited text messages that showed Klein’s mother and father warning Matthew’s younger brother and co-defendant Jonathanpeter Klein not to broadcast their roles, noting “braggers get caught,” according to court testimony and documents, The Oregonian/OregonLive reported.
Matthew Klein, 24, and Jonathanpeter Klein, 21, both have pleaded not guilty to conspiracy to defraud the United States, aiding and abetting in the obstruction of an official proceeding, obstruction of law enforcement during civil disorder, destruction of government property, entering and remaining in a restricted building or grounds, and disorderly conduct in a restricted building or grounds.
The judge ordered Matthew Klein to be released to a woman who is retired from Baker County government and lives with her husband, a prison guard at the Powder River Corrections Facility, court documents said. He’ll be released on Friday once he is fitted with a location monitoring device.
Jonathanpeter Klein also has asked for pretrial release to a third-party guardian, under home detention and GPS monitoring. Federal prosecutors don’t object. His release hearing will be held in early June.
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High court revives ex-student’s suit against Georgia college
Court and Trial |
2021/03/08 14:32
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from distributing Christian literature on campus.
The high court sided 8-1 with the student, Chike Uzuegbunam, and against Georgia Gwinnett College. Uzuegbunam has since graduated, and the public school in Lawrenceville, Georgia, has changed its policies. Lower courts said the case was moot, but the Supreme Court disagreed.
Groups across the political spectrum including the American Civil Liberties Union had said that the case is important to ensuring that people whose constitutional rights were violated can continue their cases even when governments reverse the policies they were challenging.
At issue was whether Uzuegbunam’s case could continue because he was only seeking so-called nominal damages of $1.
“This case asks whether an award of nominal damages by itself can redress a past injury. We hold that it can,” Justice Clarence Thomas wrote for a majority of the court.
Writing only for himself, Chief Justice John Roberts disagreed. Roberts argued that the case brought by Uzuegbunam and another student, Joseph Bradford, is moot since the two are no longer students at the college, the restrictions no longer exist and they “have not alleged actual damages.”
Writing about the symbolic dollar they are seeking, Roberts said that: “If nominal damages can preserve a live controversy, then federal courts will be required to give advisory opinions whenever a plaintiff tacks on a request for a dollar.” He accused his colleagues of “turning judges into advice columnists.”
It appears to be the first time in his more than 15 years on the court that the chief justice has filed a solo dissent in an argued case. That’s according to Adam Feldman, the creator of the Empirical SCOTUS blog, which tracks a variety of data about the court.
Uzuegbunam’s lawyer, Kristen Waggoner of the Arizona-based Alliance Defending Freedom, a group that focuses on faith-based cases, cheered the ruling. “We are pleased that the Supreme Court weighed in on the side of justice for those victims,” she said in a statement.
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Feds drop legal battle over tribe’s reservation status
Court and Trial |
2021/02/20 20:14
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The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts.
A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion.
In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case.
The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.”
“We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.”
The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort.
The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law.
At the time, the tribe’s chair called it a “sucker punch.” The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007.
U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal. |
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