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US court dismisses suit by youths over climate change
Law Center |
2020/01/18 10:01
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A federal appeals court on Friday dismissed a lawsuit by 21 young people who claimed the U.S. government’s climate policies and reliance on fossil fuels harms them, jeopardizes their future and violates their constitutional rights, potentially dealing a fatal blow to a long-running case that activists saw as an important front in the war against environmental degradation.
The Oregon-based youth advocacy group Our Children’s Trust filed the lawsuit in 2015 in Eugene on behalf of the youngsters. It sought an injunction ordering the government to implement a plan to phase out fossil fuel emissions and draw down atmospheric carbon dioxide emission. The case had bounced around the federal courts for five years and multiple trial dates were canceled.
The 2-1 vote for dismissal by the 9th Circuit Court of Appeals was a serious setback for the climate activists, who vowed to ask the full 9th Circuit panel to review the ruling. Our Children’s Trust has filed numerous similar cases in state and federal courts and currently has nine cases pending in state courts from Alaska to New Mexico. The federal ruling was less likely to impact those cases, experts said.
“This is a very serious blow to the case, perhaps a fatal blow,” said Jennifer Rushlow, an associate dean for environmental programs at Vermont Law School, who has been watching the case closely.
Our Children’s Trust said in a statement that although the justices ruled for dismissal, it was important to note that they also said in the opinion that the evidence showed climate change was real and caused by fossil fuels and that the young plaintiffs had suffered legitimate consequences from climate change.
The “case is far from over,” said Julia Olson, lead attorney for Our Children’s Trust. “The court recognized that climate change is exponentially increasing and that the federal government has long known that its actions substantially contribute to the climate crisis.”
Government attorneys repeatedly sought the case’s dismissal and succeeded in having the scope of the claims narrowed and some defendants dismissed during years of back-and-forth litigation. |
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Indian state challenges new citizenship law in Supreme Court
Law Center |
2020/01/11 10:08
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The southern Indian state of Kerala on Tuesday became the first to legally challenge a new citizenship law that has triggered nationwide demonstrations.
In a petition to the Supreme Court, the state government said the law violates the secular nature of India's Constitution, and accused the government of dividing the nation along communal lines.
The citizenship law backed by Prime Minister Narendra Modi’s Hindu-nationalist party provides a path to naturalization for people from Bangladesh, Afghanistan and Pakistan, unless they’re Muslim. It has triggered nationwide protests and clashes with police, leading to 23 deaths.
The rallies have slowly morphed into much wider anti-government protests.
Critics say the law, which was passed by Parliament on Dec. 11, will be used in conjunction with a citizenship registry that could require all Indians to produce documents proving their origins, a challenge in a country where many people lack official records including birth certificates.
Kerala, a state ruled by a communist party, has strongly opposed the law and passed a resolution against in early January. The state government criticized the law in front-page advertisements in at least three national newspapers on Jan. 10, saying the state is "leading the efforts to protect constitutional values.”
Modi’s Bharatiya Janata Party said the move by the state was political.
Pinarayi Vijayan, chief minister of the state, has also written to the heads of 11 other states not ruled by Modi’s party, urging them to unite in their fight against the law. |
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US courts rule for border walls both public and private
Law Center |
2020/01/09 10:10
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Crews could start building a private border wall in South Texas within the coming days following a federal judge’s ruling Thursday that lifted a restraining order against the project.
U.S. District Judge Randy Crane’s order was the second federal ruling in two days in favor of border barriers. On Wednesday, the 5th U.S. Circuit Court of Appeals lifted a lower court’s stay that had prevented President Donald Trump’s administration from diverting $3.6 billion from military construction projects to fund 175 miles (280 kilometers) of border wall.
While the White House on Thursday celebrated the appeals court’s ruling, saying it rightfully lifted an “illegitimate nationwide injunction,” Crane’s ruling actually went against the U.S. government’s position.
Fisher Industries, a North Dakota-based construction firm, wants to install 3 miles (4.8 kilometers) of steel posts about 35 feet (10 meters) from the U.S. bank of the Rio Grande, the river that forms the U.S.-Mexico border in Texas. The company’s president, Tommy Fisher, wants to spend $40 million on the private border wall ? originally promoted by a pro-Trump online fundraising group ? to prove that his company can build barriers more effectively. |
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Former IAAF president’s corruption trial opens in Paris
Law Center |
2020/01/09 10:09
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The corruption trial involving the former president of track and field’s governing body was suspended Monday shortly after it began.
Lamine Diack, the former head of the IAAF, has been charged with far-reaching corruption and doping cover-ups.
At the opening of the hearing, the prosecution asked that the two-week trial be delayed to weigh new evidence received from Senegal, where Diack was born. His son, Papa Massata Diack, also charged in the case, lives in Senegal, shielded from an international arrest warrant issued by France.
The prosecution also asked for the delay to clear up a procedural technicality regarding one of the charges against Papa Massata Diack. There will next be a hearing in April to see whether a new trial date in June is feasible.
Addressing the court, the 86-year-old Diack asked that in the wake of the delay he be allowed to travel to Senegal to visit his elder brother, who recently celebrated his 100th birthday. Diack has not been allowed to leave France since his arrest in 2015. But he promised the court that he would come back to France if allowed to travel, saying he wants to clear his name. |
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Connecticut courts moving notices from newspapers to website
Law Center |
2019/12/26 09:04
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The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience.
Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper.
It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers.
“State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.”
The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers.
“It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move.
Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said. |
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Protests of Indian law grow despite efforts to contain them
Law Center |
2019/12/18 09:14
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From campuses along India’s Himalayan northern border to its southern Malabar Coast, a student-led protest movement against a new law that grants citizenship on the basis of religion spread nationwide on Wednesday despite efforts by the government to contain it.
The law provides a path to citizenship for Hindus, Buddhists, Christians and other religious minorities who are in India illegally but can demonstrate religious persecution in Muslim-majority Bangladesh, Pakistan and Afghanistan. It does not apply to Muslims.
Critics say it’s the latest effort by Prime Minister Narendra Modi’s Hindu nationalist-led government to marginalize India’s 200 million Muslims, and a violation of the country’s secular constitution.
Modi has defended it as a humanitarian gesture, but on Wednesday, authorities tightened restrictions on protesters, expanding a block on the internet and a curfew in Assam, where protests since the law’s passage a week ago have disrupted life in Gauhati, the state capital. They also restricted assembly in a Muslim neighborhood in New Delhi where demonstrators on Tuesday burned a police booth and several vehicles.
After India’s Supreme Court postponed hearing challenges to the law Wednesday, huge demonstrations erupted in Gauhati, in Chennai, in the southern state of Tamil Nadu, and in Mumbai, India’s financial capital. Protesters also rallied in Srinagar, the main city in disputed Kashmir and in the tourist mecca of Jaipur in the desert state of Rajasthan, and threw stones at buses in Kochi, the capital of the southernmost state of Kerala. |
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