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Ohio court's visitor center adds plaster cast of Harding
State Law Issues |
2018/06/02 00:25
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A plaster cast used to create a sculpture of President Warren G. Harding found at the Ohio Supreme Court is on display in the building's visitor education center.
The likeness was donated by the former president's family.
It was used to create the sculpture of Harding, a Marion native. It has hung in the building that now houses the state's highest court since its construction more than 80 years ago.
The fragile plaster cast is housed in an elevated glass enclosure.
Harding was the 29th president and one of eight born in Ohio, earning the state the nickname "Mother of Presidents."
Driver in deadly New Jersey school bus crash due in court
The driver of a school bus that collided with a dump truck on a New Jersey highway last week, killing a student and a teacher and injuring more than 40 others, is due in court.
Hudy Muldrow Sr. faces two charges of vehicular homicide. He's scheduled for an initial court appearance in Morristown on Friday.
A criminal affidavit released Thursday alleges Muldrow missed a turn and tried to make a U-turn on Interstate 80 westbound on May 17 while carrying a group of fifth-graders and chaperones on a field trip.
Ten-year-old Miranda Vargas and 51-year-old teacher Jennifer Williamson died in the crash. Muldrow's son told CBS this week that his father said he didn't make a U-turn.
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Court: Montana minimizes impact of mining near Yellowstone
Local Legal Events |
2018/06/01 00:26
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A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.
The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.
The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.
The results of the exploration work would guide the company's future plans for commercial-scale mining.
Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.
State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.
The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said. |
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Trump administration defends Keystone XL pipeline in court
State Law Issues |
2018/05/29 00:25
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Trump administration attorneys defended the disputed Keystone XL oil sands pipeline in federal court on Thursday against environmentalists and Native American groups that want to derail the project.
President Barack Obama rejected the 1,179-mile (1,800-kilometer) line proposed by TransCanada Corporation in 2015 because of its potential to exacerbate climate change.
President Donald Trump revived the project soon after taking office last year, citing its potential to create jobs and advance energy independence.
Environmentalists and Native American groups sued to stop the line and asked U.S. District Judge Brian Morris to halt the project. They and others, including landowners, are worried about spills that could foul groundwater and the pipeline's impacts to their property rights.
Morris did not immediately rule following a four-hour Thursday hearing in federal court in Great Falls.
U.S. government attorneys asserted that Trump's change in course from Obama's focus on climate change reflected a legitimate shift in policy, not an arbitrary rejection of previous studies of the project.
"While the importance of climate change was considered, the interests of energy security and economic development outweighed those concerns," the attorneys recently wrote.
Morris previously rejected a bid by the administration to dismiss the lawsuit on the grounds that Trump had constitutional authority over the pipeline as a matter of national security.
Keystone XL would cost an estimated $8 billion. It would begin in Alberta and transport up to 830,000 barrels a day of crude through Montana and South Dakota to Nebraska, where it would connect with lines to carry oil to Gulf Coast refineries.
Federal approval is required because the route crosses an international border.
TransCanada, based in Calgary, said in court submissions that the pipeline would operate safely and help reduce U.S. reliance on crude from the Middle East and other regions.
The project is facing a separate legal challenge in Nebraska, where landowners have filed a lawsuit challenging the Nebraska Public Service Commission's decision to approve a route through the state.
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California high court to rule on social media access
Court Updates |
2018/05/27 00:24
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The California Supreme Court will decide whether Facebook and other social media companies must turn over user content to criminal defendants.
The justices are expected to rule Thursday in a case that has pitted some of Silicon Valley's biggest companies against public defenders.
At issue are requests by a defendant accused in a San Francisco slaying who wants videos and other content posted to Facebook and Instagram by the victim and a witness. The defendant, Lee Sullivan, and a co-defendant, Derrick Hunter, also sought information from Twitter.
Prosecutors charged the two men with murder in an alleged gang-related drive-by-shooting in 2013. Sullivan said the witness was his former girlfriend, and her social media posts would show she was jealous and angry because Sullivan was involved with other women.
The defendants say their constitutional right to a fair trial entitles them to the social media records to prepare their case. Attorneys for the companies say a federal privacy law prevents the release of user content, and the defendants have other ways to get the material.
They could ask the witness for her social media content and get the victim's information from prosecutors, who obtained a search warrant for his Facebook and Instagram accounts and are required to turn over any exculpatory evidence to the defense, the company's attorneys, Eric Miller and James Snell, wrote in a brief to the California Supreme Court.
Sullivan's attorneys have said they could not locate the witness to serve her with a subpoena. Both defendants also say access only to records that support the prosecution's theory of the case does not allow them to mount a complete defense, according to a 2015 appeals court ruling.
That ruling sided with the social media companies and rejected Sullivan and Hunter's requests for information.
"Criminal defendants are looking for a one-stop-shop, a fast lane to get the materials that social media sites might have," said Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law.
A decision by the California Supreme Court that overturns the appeals court ruling and sides with the defendants "could substantially change companies' practices," Goldman said.
Google in a brief filed in the case warned that loosening the rules around releasing information would undermine users' confidence in the privacy of their communications and "greatly increase" its burden from requests to disclose user information.
San Francisco's public defender's office countered in its own brief that prosecutors are increasingly offering social media records as evidence and "defendants have a parallel need for these records to defend against charges." |
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