Wednesday, May 9, 2018

The Latest: Louisiana oil pipeline's impact debated in court

A court hearing over whether construction of a crude oil pipeline in an environmentally fragile Louisiana swamp will continue focused on whether enough would be done to make up for environmental impacts from the project. An attorney for Bayou Bridge Pipeline LLC told a federal appeals court panel in Houston Monday that it'll be providing "appropriate compensation" by re-establishing forested wetlands elsewhere in the swamp. A lawyer for environmental groups suing to stop the construction say the project's considerable impacts haven't been taken into full consideration by federal regulators. He asked the panel to not permanently throw out a previous order that had stopped construction. At least one judge seemed to downplay concerns by environmental groups that the project is "destroying wetlands." A ruling was expected at a later date.

Bakery appeals to UK Supreme Court in gay-rights cake case

A bakery owned by a Christian family asked Britain's Supreme Court on Tuesday to overturn a ruling that it discriminated against a gay customer for refusing to make a cake supporting same-sex marriage. Ashers Baking Co. in Northern Ireland refused in 2014 to make a cake iced with the "Sesame Street" characters Bert and Ernie and the slogan "Support Gay Marriage." The owners argued they were happy to bake goods for anyone, but could not put messages on their products at odds with their Christian beliefs. After the customer filed a lawsuit that received backing from Northern Ireland's Equalities Commission, lower courts ruled that the bakery's refusal was discriminatory. Judges from the London-based Supreme Court heard the bakery's appeal at a special sitting in Belfast that is due to continue Wednesday. David Scoffield, lawyer for the bakery's owners, argued Tuesday that the family should not be compelled to create a product "to which they have a genuine objection in conscience."

Law firm hired to investigate economic development agency

The Oregon Department of Justice has hired a law firm to investigate allegations of discrimination and mismanagement at the state's economic development agency, Business Oregon. The Oregonian/OregonLive reports that in an anonymous letter to Gov. Kate Brown earlier this month, a group of employees described hostile working conditions and accused leadership of gender bias and misusing taxpayer funds. The letter asked the governor to undertake an investigation and said the employees had retained Portland labor attorney Dana Sullivan "to help ensure employment rights are protected as a result of this complaint." The Justice Department will be supervising the probe. Its agreement with the Portland office of Perkins Coie provides for a maximum cost of $50,000. The budget could go quickly, as the firm's partners command $525 to $630 an hour, and paralegals and associates bill out at $150 to $445 an hour. The agreement specifically directs Perkins Coie to undertake "an attorney-client privileged investigation," meaning the Justice Department or Business Oregon could try to exempt the findings from disclosure under public records law. It also says the law firm could be called on to provide legal advice to the DOJ, the governor's office or the "benefitting agency" - Business Oregon. The Justice department did not respond to questions about the agreement, whether it would make the findings public or whether that decision would be made by Business Oregon.

Friday, November 17, 2017

Indonesia court upholds seizure of illegal fishing vessel

Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters. Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime. Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing. The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry. Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing.

Tuesday, August 15, 2017

Supreme Court to allow electronic filing in November

The Supreme Court will begin using an electronic filing system for documents starting in November, a move other federal courts began decades ago. The court said in a statement Thursday that the new system will begin operation Nov. 13. The court says that initially attorneys will be asked to submit both electronic and paper documents. The court says that once the system is in place virtually all new filings will be publicly available for free. The system has been in the works for some time. Chief Justice John Roberts said in a 2014 report that the court was developing the system, saying it "may be operational as soon as 2016." Electronic filing is coming on the heels of the debut of a new Supreme Court website in late July.

Friday, June 16, 2017

Indiana governor names Judge Goff to state Supreme Court

Indiana's next state Supreme Court justice, Wabash County Superior Court Judge Christopher Goff, said Monday his appointment to the state's highest court is humbling beyond words and something he never would have imagined at the start of his legal career. Goff's selection to fill the vacancy created by Justice Robert Rucker's retirement was announced by Gov. Eric Holcomb. The governor said Goff, 45, "will bring his unique voice and experiences" from his years in rural Indiana to the five-member court when he becomes its youngest member. "Judge Goff grew up in a working class neighborhood and has spent most of his life living in a rural county, which will complement his colleagues on the bench with their own deep roots in other urban and suburban regions of the state," Holcomb said at his Statehouse announcement. He selected Goff over the two other finalists for the vacancy chosen by Indiana's Judicial Nominating Commission: Boone Superior Court Judge Matthew Kincaid and Clark Circuit Court Judge Vicki Carmichael. Twenty people had applied for the vacancy.

Groups sue seeking court oversight of Chicago police reforms

Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight. The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge. "Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago." While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree. Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations." Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time." A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.