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Hawaii power utility takes responsibility for first fire on Maui
Local Legal Events | 2023/08/28 14:51
Hawaii’s electric utility acknowledged its power lines started a wildfire on Maui but faulted county firefighters for declaring the blaze contained and leaving the scene, only to have a second wildfire break out nearby and become the deadliest in the U.S. in more than a century.

Hawaiian Electric Company released a statement Sunday night in response to Maui County’s lawsuit blaming the utility for failing to shut off power despite exceptionally high winds and dry conditions. Hawaiian Electric called that complaint “factually and legally irresponsible,” and said its power lines in West Maui had been de-energized for more than six hours before the second blaze started.

In its statement, the utility addressed the cause for the first time. It said the fire on the morning of Aug. 8 “appears to have been caused by power lines that fell in high winds.” The Associated Press reported Saturday that bare electrical wire that could spark on contact and leaning poles on Maui were the possible cause.

But Hawaiian Electric appeared to blame Maui County for most of the devastation — the fact that the fire appeared to reignite that afternoon and tore through downtown Lahaina, killing at least 115 people and destroying 2,000 structures.

Neither a county spokesperson and nor its lawyers immediately responded to a request for comment early Monday about Hawaiian Electric’s statement.

The Maui County Fire Department responded to the morning fire, reported it was “100% contained,” left the scene and later declared it had been “extinguished,” Hawaiian Electric said.

Hawaiian Electric said its crews then went to the scene to make repairs and did not see fire, smoke or embers. The power to the area was off. Around 3 p.m., those crews saw a small fire in a nearby field and called 911.

Hawaiian Electric rejected the basis of the Maui County lawsuit, saying its power lines had been de-energized for more than six hours by that time, and the cause of the afternoon fire has not been determined.


Biden and McCarthy reach a final deal and now must sell it to Congress
Local Legal Events | 2023/05/29 10:33
With days to spare before a potential first-ever government default, President Joe Biden and House Speaker Kevin McCarthy reached final agreement Sunday on a deal to raise the nation’s debt ceiling and worked to ensure enough support in Congress to pass the measure in the coming week.

The Democratic president and Republican speaker spoke late in the day as negotiators rushed to draft and post the bill text for review, with compromises that neither the hard-right or left flank is likely to support. Instead, the leaders are working to gather backing from the political middle as Congress hurries toward votes before a June 5 deadline to avert a damaging federal default.

“Good news,” Biden declared Sunday evening at the White House.

“The agreement prevents the worst possible crisis, a default, for the first time in our nation’s history,” he said. “Takes the threat of a catastrophic default off the table.”

The president urged both parties in Congress to come together for swift passage. “The speaker and I made clear from the start that the only way forward was a bipartisan agreement,” he said.

The final product includes spending cuts but risks angering some lawmakers as they take a closer look at the concessions. Biden told reporters at the White House upon his return from Delaware that he was confident the plan will make it to his desk.

McCarthy, too, was confident in remarks at the Capitol: “At the end of the day, people can look together to be able to pass this.”

The days ahead will determine whether Washington is again able to narrowly avoid a default on U.S. debt, as it has done many times before, or whether the global economy enters a potential crisis.

In the United States, a default could cause financial markets to freeze up and spark an international financial crisis. Analysts say millions of jobs would vanish, borrowing and unemployment rates would jump, and a stock-market plunge could erase trillions of dollars in household wealth. It would all but shatter the $24 trillion market for Treasury debt.

Anxious retirees and others were already making contingency plans for missed checks, with the next Social Security payments due soon as the world watches American leadership at stake.

McCarthy and his negotiators portrayed the deal as delivering for Republicans though it fell well short of the sweeping spending cuts they sought. Top White House officials were briefing Democratic lawmakers and phoning some directly to try to shore up support.

One surprise was a provision important to influential Sen. Joe Manchin, D-W.Va., giving congressional backing for the controversial Mountain Valley Pipeline, a natural gas project, that is certain to raise questions.


Delaware Senate confirms two Supreme Court nominees
Local Legal Events | 2023/05/04 17:39
The state Senate has confirmed Gov. John Carney’s two nominees for the Delaware Supreme Court, including a lawyer tapped by Carney for the high court after he was arrested for drunken driving.

Carney’s nominations of Abigail LeGrow and N. Christopher Griffiths were confirmed Wednesday with no support from Senate Republicans. Despite Griffiths’ DUI arrest in January, GOP lawmakers were primarily outraged that, for the first time in decades, there will be no resident of Kent County on the state’s highest court.

“The governor of this great state threw us under the bus,” said Sen. Eric Buckson, a Kent County Republican.

Senate Minority Whip Brian Pettyjohn of Georgetown described Carney’s decision to forego nominating a justice from central Delaware as “insulting.”

Last week, members of the Democrat-controlled House unanimously passed a bipartisan bill mandating that the five-member Supreme Court include at least one justice from central Kent County, one from southern Sussex County, and two from northern New Castle County. The state Senate declined to take up the bill before voting on Carney’s nominees. Two Dover-area Democratic senators who cosponsored the bill, Trey Paradee and Kyra Hoffner, voted Wednesday to confirm Carney’s picks.

“Judge LeGrow and Chris have the experience, knowledge, and commitment to public service necessary to serve on the Supreme Court,” Carney said in a statement issued after they were confirmed.

Before the Senate vote, Pettyjohn questioned Griffiths during a Senate Executive Committee hearing about the traffic stop that led to his arrest, but Griffiths offered few details.

“The bottom line is this, I had too much to drink, and I should not have drove,” said Griffiths, who said he complied with the trooper who stopped him.

Griffiths, who will be the first black man to serve on the Supreme Court, also indicated that he feared that the trooper, whom he nevertheless described as “a complete gentleman,” might physically abuse him because of his race.

“I’m a black man driving around in lower Delaware at a mostly white beach, and I want to go home to my family,” Griffiths said. “There’s a lot of things in the national news that are burned in our minds and our hearts, and I wanted that officer to know “we’re on the same team.’”

“I have images in my brain from the biases I bring to that situation of, man, I want to make sure I go home tonight. I want to make sure there’s not a knee in my back but that I go home alive,” Griffiths added.

Griffiths pleaded guilty in March to reckless driving that was alcohol-related, an offense he compared to “a simple traffic ticket.” He was fined and ordered to complete an education course for those charged with driving under the influence.

LeGrow and Griffiths replace Tamika R. Montgomery-Reeves, who now sits on a federal appeals court, and Justice James T. Vaughn Jr., a Kent County resident who retired effective this week.

LeGrow has served as Superior Court judge since February 2016. She previously served as a Master in Chancery on the Delaware Court of Chancery. LeGrow received her law degree from the Pennsylvania State University. Griffiths has been a partner at the Wilmington law firm of Connolly Gallagher, which also employs Democratic state Sen. Kyle Evans Gay. He previously was a wealth manager for Wilmington Trust Company and the Vanguard Group. Griffiths, who received his law degree from Villanova University, is the son of Norman Griffiths, a retired DuPont attorney who served 20 years on the Wilmington City Council.


Kansas high court signals continued abortion rights support
Local Legal Events | 2023/03/20 14:55
Kansas’ highest court signaled Monday that it still considers access to abortion a “fundamental” right under the state constitution, as an attorney for the state argued that a decisive statewide vote last year affirming abortion rights “doesn’t matter.”

The state Supreme Court is considering exactly how far the Republican-controlled Legislature can go in restricting abortion under a 2019 decision protecting abortion rights. The justices heard arguments from attorneys for Kansas and abortion providers in two lawsuits but isn’t likely to rule for months.

One lawsuit challenges a 2015 law banning a common second-trimester abortion procedure, and the other challenges a 2011 law that regulates abortion providers more strictly than other health care providers. Legal challenges have blocked both laws from being enforced.

The U.S. Supreme Court declared in June 2022 that the U.S. Constitution doesn’t protect abortion rights and that states can ban abortion, but the Kansas court had ruled in 2019 that access to abortion is protected as a matter of bodily autonomy under the state constitution. That led the Legislature to put a proposed amendment on last August’s ballot asking voters whether to lift that constitutional protection, which would have allowed lawmakers to greatly restrict or ban abortion. Voters soundly rejected the measure.

But Kansas Solicitor General Tony Powell, representing the state, told the court that last year’s vote “doesn’t matter” and shouldn’t factor into its decisions on the two lawsuits, arguing that voters might not have wanted abortion banned but still favor “reasonable” restrictions. He said the justices should “let the people work it out” through their elected representatives.


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