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High court asked to throw out oil refinery permit
Court and Trial |
2012/10/08 15:01
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Opponents of a proposed $10 billion oil refinery in southeastern South Dakota on Wednesday asked the state Supreme Court to strike down a state permit that would let a Texas company to begin construction.
Gabrielle Sigel, an attorney for three groups fighting the Hyperion Energy Center, said the Board of Minerals and Environment erred when it approved an air quality permit last year because its study did not include a full-blown environmental impact statement.
Sigel said the refinery would be the largest industrial project in state history and that the preparation of an impact statement should involve other agencies and evaluate a project's broader effect. State officials abused their discretion by bypassing that process, she said.
Attorneys for Hyperion and the board countered that an environmental impact statement is not required by state law that and board members took into account all relevant environmental issues when issuing the air quality permit.
The state Department of Environment and Natural Resources can require an impact statement but decided it wasn't necessary. The board agreed, said Rick Addison, a Dallas-based attorney representing Hyperion. |
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High court won't stop Texas voting map
Court and Trial |
2012/09/20 16:07
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The Supreme Court is allowing Texas to use congressional districts that were drawn by a lower federal court for the November election.
The court declined without comment Wednesday a request from a Latino rights group to block use of those districts. The groups said the districts discriminate against minorities.
The court-drawn map is intended for use only in this year's election.
The League of United Latin American Citizens said the map has the same flaws identified by federal judges in Washington who last month rejected political boundaries drawn by Texas lawmakers as discriminatory.
The interim congressional map was used in Texas' primaries in May and was devised to let the state hold elections while courts considered challenges to redistricting plans adopted by the Legislature following the 2010 census. |
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Pa. high court revisits juvenile life sentences
Court and Trial |
2012/09/14 11:57
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Pennsylvania's highest court is weighing how to resentence prisoners who were given automatic life sentences as juveniles.
A recent U.S. Supreme Court ruling outlaws mandatory life-without-parole sentences for juveniles.
There are nearly 500 juvenile lifers in Pennsylvania, half from Philadelphia.
The state Supreme Court will hear oral arguments Wednesday morning in a pair of representative cases.
The defendants are Ian Cunningham, serving life for a second-degree murder conviction in Philadelphia, and Qu'Eed Batts, convicted of first-degree murder in Northampton County.
Cunningham's case concerns lifers who have exhausted direct appeals but want to invoke the Supreme Court decision in new filings.
In the Batts case, lawyers will debate what term is appropriate for those sentenced to life without parole. |
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Ga. county must $4 million to billboard firm
Court and Trial |
2012/09/05 15:41
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A Georgia county has been ordered to pay more than more than $4 million in damages and attorney fees to a billboard company as part of its ongoing fight to keep billboards out of Atlanta's northern suburbs.
The Atlanta Journal-Constitution reports that the verdict is the latest blow to Fulton County in its long-running legal battle against billboard companies.
A U.S. District Court in Atlanta jury last month awarded the $3.97 million in damages to KH Outdoor, which sued the county in 2003. Last week, a federal judge ordered the county to pay $477,156 in attorneys' fees and expenses to the company's lawyers.
Adam Webb, a lawyer for the billboard company, declined to comment. Fulton County Attorney David Ware said an appeal by the county remains a viable option. |
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Superior court rejects appeal in Pa. double-murder
Court and Trial |
2012/08/31 11:22
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An appeals court has rejected a petition that could have delayed next months' scheduled trial of a man accused of having killed two people and buried them on his northeastern Pennsylvania property a decade ago.
The state Superior Court on Tuesday sided with a Luzerne County judge who said prosecutors were justified in splitting four murder cases linked to 38-year-old Hugo Selenski into two separate trials.
Defense attorneys could appeal to the Pennsylvania Supreme Court.
Selenski is charged in the deaths of Michael Kerkowski and his girlfriend, Tammy Fassett, whose bodies were unearthed in 2003 behind Selenski's Kingston Township home.
Selenski was acquitted in the slayings of two other men whose remains were found there but is serving 32 1/2 to 65 years in a Monroe County home invasion case. |
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