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Group takes oil refinery fight to North Dakota's high court
Legal News |
2019/03/29 12:24
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An environmental group is taking its battle against an oil refinery being developed near Theodore Roosevelt National Park to the North Dakota Supreme Court.
The National Parks Conservation Association argued in its Wednesday filing that an air quality permit issued by the state Health Department for the $800 million Davis Refinery and upheld by a state judge violates the federal Clean Air Act.
The Health Department after a two-year review determined the refinery will not be a major source of pollution that will negatively impact the park just 3 miles (5 kilometers) away. The permit the agency issued in June 2018 cleared the way for construction to begin. Meridian Energy Group began site work last summer and plans to resume construction this spring with a goal of having the refinery fully operational by mid-2021.
State District Judge Dann Greenwood ruled in January that the Health Department had effectively supported its position. Greenwood refused to declare the permit invalid and send the case back to the agency for a more rigorous review. The NPCA wants the Supreme Court to overrule him.
"Although the underlying permit contains a requirement for the Davis Refinery to keep monthly logs of its actual emissions ... the permit contains no requirement that the Davis Refinery install monitors to actually collect this data," association attorney Derrick Braaten said.
The group fears that pollution from the refinery will mar the park's scenery and erode air quality for wildlife and visitors. The park is North Dakota's top tourist attraction, drawing more than 700,000 people annually.
"With the decision to appeal, NPCA is fighting to protect the park that has inspired generations of conservationists," Stephanie Kodish, clean air program director for the association, said in a statement.
Roosevelt ranched in the region in the 1880s and is still revered by many for his advocacy of land and wildlife conservation.
Meridian maintains the facility will be "the cleanest refinery on the planet" thanks to modern technology and will be a model for future refineries. The company in a statement Wednesday said it does not comment on pending litigation.
State Air Quality Director Terry O'Clair said he had not had a chance to review the appeal but that "we're confident in the permit that was issued."
Meridian in late January obtained a needed state water permit . It still faces a separate state court battle related to the refinery's location. Two other environmental groups are challenging a decision by North Dakota regulators who concluded they were barred by state law from wading into the dispute over the site. |
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Ex-West Virginia Supreme Court justice set for sentencing
Legal News |
2019/02/13 02:17
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A former West Virginia Supreme Court justice who had a $32,000 blue suede couch in his office and was at the center of an impeachment scandal is due in federal court for sentencing for using his job for his own benefit.
Allen Loughry is scheduled to be sentenced Wednesday in U.S. District Court in Charleston.
Loughry was found guilty of 11 of the 22 charges at his October trial. Most of the charges involved mail and wire fraud involving his personal use of state cars and fuel cards. The judge last month threw out a witness tampering conviction.
Prosecutors are seeking a sentence above the guideline range of 15 to 21 months along with a fine between $7,500 and $75,000.
In a memorandum Monday, prosecutors said Loughry had an "unbridled arrogance" as a Supreme Court justice. They said Loughry's testimony exposed him as a liar and he has shown no remorse for his conduct.
"Corruption is a cancer that erodes the public's confidence in the government and undermines the rule of law," the memorandum said.
Loughry, who wrote a 2006 book while he was a Supreme Court law clerk about the history of political corruption in the state, was removed as chief justice last February. He was then suspended from the bench in June and resigned in November.
At trial, Loughry denied he benefited personally from trips he took when he became a justice in 2013. He said he used state-owned vehicles made available to the justices for what he said was a variety of reasons, including public outreach.
But Assistant U.S. Attorney Philip Wright said records showed Loughry took a government car to a wedding, four signings for his book, and "loads it up with Christmas presents" to visit relatives. A neighbor testified she saw Loughry pack presents in a car with a state government license plate around the holidays.
Loughry also was convicted of lying to federal investigators by saying he was unaware about the historical significance and value of a $42,000 state-owned desk that he had transferred to his home. He returned the desk and a green leather couch owned by the state after media reports about it. |
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Congress to Probe Report that Trump Directed Lawyer to Lie
Legal News |
2019/01/21 23:07
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The Democratic chairmen of two House committees pledged Friday to investigate a report that President Donald Trump directed his personal attorney to lie to Congress about negotiations over a real estate project in Moscow during the 2016 election.
House Intelligence Committee Chairman Adam Schiff, D-Calif., said “we will do what’s necessary to find out if it’s true.” He said the allegation that Trump directed Michael Cohen to lie in his 2017 testimony to Congress “in an effort to curtail the investigation and cover up his business dealings with Russia is among the most serious to date.”
The chairman of the House Judiciary Committee, Rep. Jerrold Nadler of New York, said directing a subordinate to lie to Congress is a federal crime.
The report by BuzzFeed News, citing two unnamed law enforcement officials, says that Trump directed Cohen to lie to Congress and that Cohen regularly briefed Trump and his family on the Moscow project — even as Trump said he had no business dealings with Russia.
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Kansas abortion foes brace for state Supreme Court decision
Legal News |
2019/01/13 00:51
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Abortion opponents in Kansas have been bracing themselves for nearly two years for a ruling from the state's highest court that protects the right to have an abortion and potentially upends politics in a state long at the center of the national debate.
The Kansas Supreme Court is relatively liberal in a state with a Republican-dominated Legislature that has strong anti-abortion majorities.
Court watchers also are asking: Why is it taking so long for the justices to rule? No one outside the court knows for sure and the justices are not saying, as is their long-standing custom. One educated guess is that they still are wrestling with the implications of declaring that the state constitution protects abortion rights.
That was the core legal issue when the court heard attorneys' arguments in March 2017 in a major abortion lawsuit . An abortion-rights decision could allow state courts in Kansas to chart their own course on abortion and invalidate restrictions that the federal courts would uphold.
"What's the test for that?" said Jeffrey Jackson, a Washburn University of Topeka law professor. "There's any number of weird possible decisions that you can get to."
The case arises from abortion opponents' numerous legislative victories during eight years under Republican governors. Democratic Gov.-elect Laura Kelly, a strong abortion rights supporter, takes office Monday, but the Legislature emerged from last year's elections more conservative — and as anti-abortion as ever.
GOP conservatives' power in the Legislature surged following "Summer of Mercy" protests in 1991 against the late Dr. George Tiller's clinic in Wichita, among a few in the U.S. known to do late-term abortions. An anti-abortion zealot shot Tiller to death in 2009.
Legislators debate abortion annually. Kansas recorded its lowest number of abortions in 30 years in 2017, fewer than 6,800 — 46 percent less than the peak of more than 12,400 in 1999.
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