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California high court strikes measure from ballot
Headline News |
2014/08/19 21:58
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The California Supreme Court on Monday blocked an advisory measure backed by Democrats from the November ballot.
By a 5-1 vote, the court ordered the removal of Proposition 49, which would have asked voters if they want a federal constitutional amendment to overturn the U.S. Supreme Court's so-called Citizens United ruling allowing unlimited corporate spending in elections.
The majority opinion said no harm will come from removing the nonbinding measure while courts determine its validity. The court said it would consider the issue in more detail in September.
Writing separately, Justice Goodwin Liu agreed with the Howard Jarvis Taxpayers Association, an anti-tax group that filed a lawsuit seeking to remove the measure from the ballot. The group argued that advisory measures are not a proper use of the ballot.
Chief Justice Tani Cantil-Sakauye said she would have allowed placing the proposition on the ballot, as a divided appeals court had ruled earlier.
The bill to place the measure on the ballot was introduced by Sen. Ted Lieu, D-Torrance, and it passed over Republicans' opposition. Brown, a Democrat, let the bill become law without his signature. Lieu's Sacramento office didn't return a phone call placed late Monday. |
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Appeals court OKs permits for Upper Peninsula mine
Headline News |
2014/08/13 22:07
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The Michigan Court of Appeals has upheld a decision by state environmental regulators to allow construction of a nickel and copper mine in the Upper Peninsula.
A three-judge panel unanimously sided with the Department of Environmental Quality, which issued mining and groundwater discharge permits to Kennecott Eagle Minerals Co. The Marquette County mine is now owned by Lundin Mining Corp.
DEQ officials approved a mining permit for the project in 2007, drawing legal challenges from environmentalists and the Keweenaw Bay Indian Community. A DEQ administrative law judge and a circuit court judge affirmed the department's decisions, and opponents took the case to the Court of Appeals.
The mine has been constructed and is scheduled to begin producing minerals this fall.
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Wisconsin Supreme Court upholds 2011 union law
Headline News |
2014/08/06 16:54
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The fight over Wisconsin Gov. Scott Walker's signature policy achievement, a law effectively ending collective bargaining for most public employees, ended Thursday with the state Supreme Court declaring it to be constitutional.
Passage of the law in 2011 put Wisconsin at the center of a nationwide battle over union rights and fueled Walker's rise to national prominence as he entered the mix of possible 2016 presidential candidates.
Anger over the law led to Walker being forced to stand for recall in 2012; he won, making him the first governor in U.S. history to withstand such a vote. Walker is up for re-election this November, the third time he will be on the ballot in four years.
The 5-2 state Supreme Court ruling is another major victory for Walker as he heads into the statewide election. Federal courts twice said the law, which limits public workers to bargaining only over base wage increases no greater than inflation, constitutional.
"No matter the limitations or 'burdens' a legislative enactment places on the collective bargaining process, collective bargaining remains a creation of legislative grace and not constitutional obligation," Justice Michael Gableman wrote for the court's conservative majority. |
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Italy court reopens probe into death of Pantani
Headline News |
2014/08/06 16:53
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Italian prosecutors have reopened an investigation into the death of cyclist Marco Pantani after his family presented evidence contending the former Tour de France winner was murdered.
Pantani, who won both the Giro d'Italia and Tour de France in 1998, was found dead in a Rimini hotel room on Feb. 14, 2004. A coroner ruled the 34-year-old Italian died from a cocaine overdose.
The cyclist's mother, Tonina Pantani, has always claimed her son was murdered, alleging that he was forced to drink a lethal dose of cocaine dissolved in liquid.
"It's an important day, but with a bittersweet taste," Tonina said. "On one side I'm glad, after many years, finally I'm not shouting into the wind anymore. But inside me there's also anger, anger and more anger.
"Why did it take all this time? Why were several things not in their place in 2004 and nobody did anything to give me answers? I'm tired."
Rimini's chief prosecutor, Paolo Giovagnoli, confirmed Pantani's file has been reopened but said it is an "obligatory move" in such matters. He has handed the case to a colleague, Elisa Milocco, who will study the dossier of evidence presented by Pantani's family before returning from holiday in September. |
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Montana court sends wind farm clash to California
Headline News |
2014/07/22 20:55
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A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.
The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.
NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.
The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.
SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.
Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month. |
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Utah to appeal gay marriage ruling to high court
Headline News |
2014/07/11 18:13
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Utah has decided to go straight to the U.S. Supreme Court to argue against gay marriage, meaning the nation's highest court will have at least one same-sex marriage case on its plate when it returns in October.
The office of the Utah attorney general announced Wednesday that it would bypass a full appeals court and take the gay marriage case to the Supreme Court instead.
If the U.S. Supreme court decides to take the case, it will be the first time the top court considers gay marriage since justices last year struck down part of the federal Defense of Marriage Act. The high court is under no obligation to the take the case, and it could wait for rulings from one or more of the five other appellate courts with gay marriage cases pending, legal scholars say.
Utah's appeal is of a June 25 ruling from a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver, which found states cannot deprive people of the fundamental right to marry simply because they choose partners of the same sex. The panel immediately put the ruling on hold pending an appeal. |
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Chile court: US had role in 'Missing' killings
Headline News |
2014/07/01 19:00
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A Chilean court said U.S. military intelligence services played a key role that led to the 1973 killings of two Americans in Chile in a case that inspired the Oscar-winning film "Missing."
A court ruling released late Monday said former U.S. Navy Capt. Ray E. Davis gave information to Chilean officials about journalist Charles Horman and student Frank Teruggi that led to their arrest and execution just days after the 1973 coup that brought Gen. Augusto Pinochet to power.
"The military intelligence services of the United States had a fundamental role in the creation of the murders of the two American citizens in 1973, providing Chilean military officers with the information that led to their deaths," the ruling by Judge Jorge Zepeda said.
Zepeda also upheld the decision to charge retired Chilean army Col. Pedro Espinoza with the murders, and Rafael Gonzalez, a former civilian counterintelligence agent, as an accomplice in Horman's murder. The two Chileans and Davis had been indicted in 2011.
Davis commanded the U.S. Military Mission in Chile at the time of the Sept. 11, 1973, American-backed coup that ousted the democratically elected government of leftist President Salvador Allende. Davis was investigating Americans in Chile as part of a series of covert intelligence operations run out of the U.S. Embassy targeting those considered to be subversives or radicals, according to the judge's investigation. |
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