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Court: EPA violated law on harmful pesticide, orders ban
Legal World News |
2018/08/14 00:39
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A federal appeals court says the Trump administration endangered public health by keeping the top-selling pesticide chlorpyrifos on the market despite extensive scientific evidence that even tiny levels of exposure can harm babies' brains.
The 9th U.S. Circuit Court of Appeals in San Francisco ordered the Environmental Protection Agency to remove chlorpyrifos from sale in the United States within 60 days.
A coalition of farmworkers and environmental groups sued last year after then-EPA chief Scott Pruitt reversed an Obama-era effort to ban chlorpyrifos, which is widely sprayed on citrus fruits, apples and other crops.
In a split decision, the court said EPA violated federal law by ignoring the conclusions of agency scientists that chlorpyrifos is harmful. The pesticide is sold by Dow Agro Sciences and others.
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Subordinate courts in Telangana sit on pile of cases
Legal World News |
2018/07/23 13:27
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Apart from the Hyderabad High Court, there is a heavy pendency of cases in the district and subordinate courts of Telangana and Andhra Pradesh as well. While in Telangana at least 4.9 lakh cases — both civil and criminal — are pending, in Andhra Pradesh 5.2 lakh cases are yet to be disposed of.
According to a reply given by the minister of law and justice on July 18 in the Lok Sabha, around 2.7 lakh crore cases, both civil and criminal, are pending in the various district and subordinate courts across the country. The highest number of pendency of around 66 lakh cases is reported from Uttar Pradesh. This is followed by Maharashtra at 34 lakh and then West Bengal, Bihar and Gujarat. However, the good news for Telangana is that among all southern states, it has the lowest number of cases pending
Lack of judges in lower courts and the high court has been attributed as the significant cause for pendency of cases. In Telangana and AP there are 75 judicial officers’ vacancies in district and city courts.
In Hyderabad High Court, out of the sanctioned strength of 61 judges, there are 32 vacancies, according to the Union government. Overall, in the country, 417 posts of high court and Supreme Court judges are vacant. In Hyderabad High Court, 3.5 lakh cases are pending, which includes writs, civil and criminal appeals. Across the country, in all the high courts put together, around 43 lakh cases are pending.
PP Chaudhary, minister of state for law and justice, in an answer to the question in Lok Sabha, said, “While existing vacancies of judges in the high court are filled up, further vacancies arise due to retirement, resignation or elevation of judges and due to increase in the strength of judges. Selection and appointment of judges in the subordinate courts is the responsibility of the high courts and state gover nments.”
In 2015, 24 high courts set up arrears’ committees to clear the backlog of pending cases. District judges hold monthly meetings of all judicial officers to monitor progress in reduction of long pending cases. Supreme Court also constituted an arrears committee to formulate steps to reduce pendency of cases in high courts and district courts. |
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Judge, calm in court, takes hard line on splitting families
Legal World News |
2018/07/20 13:27
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U.S. District Judge Dana Sabraw appeared conflicted in early May on whether to stop families from being separated at the border. He challenged the Trump administration to explain how families were getting a fair hearing guaranteed by the Constitution, but also expressed reluctance to get too deeply involved with immigration enforcement.
"There are so many (enforcement) decisions that have to be made, and each one is individual," he said in his calm, almost monotone voice. "How can the court issue such a blanket, overarching order telling the attorney general, either release or detain (families) together?"
Sabraw showed how more than seven weeks later in a blistering opinion faulting the administration and its "zero tolerance" policy for a "crisis" of its own making. He went well beyond the American Civil Liberties Union's initial request to halt family separation — which President Donald Trump effectively did on his own amid a backlash — by imposing a deadline of this Thursday to reunify more than 2,500 children with their families.
Unyielding insistence on meeting his deadline, displayed in a string of hearings he ordered for updates, has made the San Diego jurist a central figure in a drama that has captivated international audiences with emotional accounts of toddlers and teens being torn from their parents.
Circumstances changed dramatically after the ACLU sued the government in March on behalf of a Congolese woman and a Brazilian woman who were split from their children. Three days after the May hearing, U.S. Attorney General Jeff Sessions announced the zero tolerance policy on illegal entry was in full effect, leading to the separation of more than 2,300 children in five weeks. |
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Court questions whether Maine has money to expand Medicaid
Legal World News |
2018/07/19 07:54
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Maine's high court is weighing whether to allow the LePage administration to continue to block federal funding for voter-approved Medicaid expansion.
Justices on Wednesday heard the administration's arguments against a court order requiring the submission of paperwork needed for $500 million in annual federal funding. Justices questioned whether Maine can rely on existing state funds for Maine's share of expansion or whether lawmakers must specifically set aside funding.
Nearly three out of five voters last fall voted to expand Medicaid to 80,000 people by July 2. Advocates are encouraging people to sign up.
LePage vetoed legislation to fund Maine's expansion costs and suggests new hospital taxes could cover expansion.
LePage recently said he'd risk jail before expanding Medicaid and putting Maine in "red ink." |
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