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Court lets stand telecom immunity in wiretap case
Legal Information | 2012/10/12 13:06
The Supreme Court is leaving in place a federal law that gives telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.

The justices said Tuesday they will not review a court ruling that upheld the 2008 law against challenges brought by privacy and civil liberties advocates on behalf of the companies' customers. The companies include ATamp;T, Inc., Sprint Nextel Corp. and Verizon Communications Inc.

Lawsuits filed by the American Civil Liberties Union and Electronic Frontier Foundation accused the companies of violating the law and customers' privacy through collaboration with the National Security Agency on intelligence gathering.

The case stemmed from surveillance rules passed by Congress that included protection from legal liability for telecommunications companies that allegedly helped the U.S. spy on Americans without warrants.


High court asked to throw out oil refinery permit
Legal Information | 2012/10/08 15:01
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.


High court won't stop Texas voting map
Legal Information | 2012/09/20 16:07
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.


Pa. high court revisits juvenile life sentences
Legal Information | 2012/09/14 11:57
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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