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Fishermen hire Bush-era official in challenge to whale laws
Local Legal Events | 2022/10/11 12:41
Maine lobster fishermen have hired a former high-ranking U.S. Department of Justice official to represent them in their case against new laws intended to protect whales.

The Maine Lobstermen’s Association is appealing its case against the new rules to the U.S. Court of Appeals for the District of Columbia Circuit. The group said Tuesday it has hired Paul Clement, who served as U.S. solicitor general from 2004 to 2008, to represent it in the case.

The solicitor general supervises all Supreme Court litigation for the U.S., and Clement has argued dozens of cases in front of the high court. That’s where the lobstermen’s case could ultimately be headed, he said Tuesday.

The new fishing restrictions have pushed the industry to the brink of collapse, Clement said.

“You have administrative overreach. The implications are easy to understand,” he said. “It directly threatens really one of the most iconic American industries. Everyone who has ever enjoyed a lobster can appreciate this.”

The lobster fishermen sued the National Marine Fisheries Service, and in September a judge denied their request to stop the regulators from placing the new restrictions on fishing. The restrictions are designed to protect the North Atlantic right whale, which numbers less than 340 and is vulnerable to entanglement in fishing gear.

The fisheries service has declined to comment on the lawsuit. The Maine Lobstermen’s Association also said it planned to file court papers on Tuesday asking for its appeal to be expedited because of the jeopardy posed to the fishery by the new rules.

Environmental groups have long pushed for stronger protections for the right whales, which were devastated generations ago during the commercial whaling era. The groups have made their own case in court that the federal government should be doing more to protect the whales.

The American lobster fishery is based mostly in Maine, though lobsters also come to the docks elsewhere in New England and in New York and New Jersey. U.S. lobsters were worth a record figure of more than $900 million at the docks last year.


Not guilty plea entered in alleged drug deal slaying
Local Legal Events | 2022/03/07 11:26
A defendant accused of fatally shooting a man because he didn’t want to pay him for a drug deal pleaded not guilty in Brown County Circuit Court Monday.

Pedro Santiago-Marquez is charged with first-degree intentional homicide and being party to mutilating a corpse in connection with the Sept. 27 murder of Jason Mendez-Ramos.

Prosecutors say Mendez-Ramos was angry that he had not been paid $80,000 for a cocaine deal. A criminal complaint says rather than pay for the cocaine, Santiago-Marquez shot him in the head with a pistol. The victim’s burned body was found at the edge of the University of Wisconsin-Green Bay campus, WLUK-TV reported.

Security videos, cell phone tracking information, and DNA tie Rodriguez-Garcia to that scene, according to the criminal complaint.

Another man, 47-year-old Alexander Burgos-Mojica, is charged with harboring or aiding a felon in connection with the case. He returns to court March 18 for a balance of initial appearance. Rodriguez-Garcia returns to court March 21 for a status conference on the charge of mutilating a corpse.


Cable companies win lawsuit over Maine’s a la carte law
Local Legal Events | 2021/02/25 09:36
A federal appeals court has rejected Maine’s law requiring cable companies to give subscribers the option of purchasing access to individual cable channels rather than bundled packages.

A federal judge already delayed the law from going into effect in 2019, and the 1st U.S. Circuit Court of Appeals in Boston agreed that the law raises constitutional concerns.

Comcast, joined by Disney, Fox Cable and NBC/Universal, Fox Cable and others, sued the state over the law.

The appeals court noted that state acknowledged there’s an insufficient record to justify that the law could withstand muster when it came to First Amendment arguments raised by the cable companies. Cable companies contended they were unfairly singled out, among other things.

Maine Attorney General Aaron Frey had no immediate comment on the ruling, which was issued Wednesday.

Comcast contended the law would mean limited choices and higher prices than the current packages it offers to consumers.

It argued it would’ve been forced to overhaul ordering, distribution and billing systems along with providing new digital cable boxes to many customers. It also contended it would have had to renegotiate contracts with programmers and content providers.

The law was adopted in response to consumer frustration over the growing cost of cable TV packages.

Independent Rep. Jeff Evangelos, the bill’s sponsor, said TV viewers complain about paying for unwanted channels. The Democratic-controlled Legislature passed the law largely on party lines.



World trade without rules? US shuts down WTO appeals court
Local Legal Events | 2019/12/07 13:17
Global commerce will lose its ultimate umpire Tuesday, leaving countries unable to reach a final resolution of disputes at the World Trade Organization and instead facing what critics call “the law of the jungle.’’

The United States, under a president who favors a go-it-alone approach to economics and diplomacy, appears to prefer it that way.

The terms of two of the last three judges on the WTO’s appellate body neared their end at midnight Tuesday. Their departure will deprive the de facto Supreme Court of world trade of its ability to issue rulings.

Among the disputes left in limbo are seven cases that have been brought against Trump’s decision last year to declare foreign steel and aluminum a threat to U.S. national security and to hit them with import taxes.

The WTO’s lower court ? its dispute settlement body ? can hear cases. But its decisions will go nowhere if the loser appeals to a higher court that is no longer functioning.


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