Courts

Appeals Court Halts Dakota Access Pipeline Work Pending Hearing

September 18, 2016 Staff, www.indianz.com Resist! Courts, Dakota Access Pipeline, indigenous, Pipelines, Standing Rock

By Staff for Indianz. A federal appeals court has handed a temporary victory to the Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe as the #NoDAPL fight continues. The D.C. Circuit Court of Appeals issued an order on Friday that preventsDakota Access Pipeline from doing construction within 20 miles on both sides of Lake Oahe. That's exactly what the tribes and the #NoDAPL resisters have been seeking as they work to protect sacred sites and burial grounds near the Missouri River. But the court cautioned that it was not making a decision on the merits of the underlying lawsuit. Instead, the order was described as an "administrative" one that will give the court more time to consider the tribes' request for an injunction. "The purpose of this administrative injunction is to give the court sufficient opportunity to consider the emergency motion for injunction pending appeal and should not be construed in any way as a ruling on the merits of that motion," the clerk of the court wrote.

The Court That Rules The World

August 30, 2016 Chris Hamby, www.buzzfeed.com Educate! Corporations, Courts

By Chris Hamby for Buzz Feed - Imagine a private, global super court that empowers corporations to bend countries to their will. Say a nation tries to prosecute a corrupt CEO or ban dangerous pollution. Imagine that a company could turn to this super court and sue the whole country for daring to interfere with its profits, demanding hundreds of millions or even billions of dollars as retribution.

Federal Judge Refers Sheriff Joe Arpaio For Criminal Prosecution

August 23, 2016 Debra Cassens Weiss, www.abajournal.com Educate! Courts, Criminal Justice, Racial Profiling

By Debra Cassens Weiss for ABA News -A federal judge on Friday ordered Maricopa County, Arizona, Sheriff Joe Arpaio be referred to the U.S. Attorney’s office for criminal prosecution as a result of alleged violation of a court order barring racial profiling. U.S. District Judge G. Murray Snow referred for prosecution Arpaio and three others, report the Arizona Republic, Phoenix New Times and the New York Times.

Federal Court Overturns Northern Gateway Pipeline Approval

July 2, 2016 Sophia Reuss, www.socialism.com Resist! Courts, Pipelines

By Sophia Reuss for Rabble - The Federal Court of Appeal has overturned approval of Enbridge's Northern Gateway pipeline after finding that the federal government failed to consult with First Nations communities whose rights would have been affected by the proposed pipeline. "Canada failed to make reasonable efforts to inform and consult. It fell well short of the mark," the ruling said. The Court ruled in favour of the eight First Nations, four environmental organizations and one union, Unifor.

The Net Neutrality Verdict Is In: We Won!

June 15, 2016 Craig Aaron, www.freepress.net Resist! Courts, FCC, Net Neutrality

By Craig Aaron for Freepress - In a tremendous victory for Internet freedom the DC Circuit Court of Appeals ruled in a 2-1 decision that the FCC was within its statutory power to put in place net neutrality rules. The rules ensure equal access to the Internet as well as equal service and upholds the principle that broadband providers must treat all Internet traffic the same regardless of source. The key to the decision was that the FCC reclassified the Internet under Title II of the Federal Telecommunications Act as a common carrier.

Attorney Generals Investigating ExxonMobil Refuse Congress

June 5, 2016 Michael Virtanen, , www.AP.org Resist! Climate Change, Courts, Exxon

By Michael Virtanen for the Associated Press. Republicans on the House Committee on Science, Space and Technology sent a letter to 17 attorneys general on May 18th claiming that they were being influenced by environmental activists and were seeking all communications between their offices and environmental groups. They are also seeking documents related to communications among the attorneys general about their investigations of ExxonMobil. Below is an article about the response from Attorney General Eric Schneiderman. In addition, the Baltimore Sun reported that Maryland "struck back with a withering reply" to Rep. Lamar Smith who chairs the committee, which included: "You state, without any foundation, that the actions of this office 'may even amount to an abuse of prosecutorial discretion.' If you have any basis whatsoever for that assertion, please let us know what it is. Absent such explanation, your letter looks like an attempt to intimidate this office or to thwart it from performing its constitutional functions."

Heather Doyle Jailed For Complaining About Police Abuse

May 29, 2016 Seed Coalition, www.seedcoalition.wordpress.com Resist! Courts, Cove Point, Fracking, Police abuse, Police Brutrality

By Seed Coalition for SEED. Heather and another activist with Stopping Extraction and Exports Destruction (SEED) climbed a crane on a site being used for the construction of a massive fracked gas export terminal in the community of Cove Point, Maryland. They hung a banner from the top of the crane that read “Dominion, go home. No gas exports. Don’t frack Maryland. Save Cove Point.” The climbers’ lives were jeopardized when law enforcement officers tried to remove them from the crane in an unsafe way — an allegation that the state’s attorney didn’t challenge in court. The complaint Heather filed that is central to this case stems from her being assaulted during the extraction by a 6’4”, 285 lb. cop while surrounded by numerous officers, Dominion employees, and contractors. A statement about the assault and endangerment was released after the court process from that action ended, in order to not incriminate the defendants when they had open legal cases.

Ferguson Prosecutor Determined To Convict Activists Finally Resigns

May 26, 2016 Mariah Stewart, www.huffingtonpost.com Resist! Courts, Ferguson

By Mariah Stewart for The Huffington Post - ST. LOUIS — After pressure from the media and community activists, Ferguson’s relentless part-time head prosecutor Stephanie Karr has announced her resignation. In a letter to city officials Monday, Karr wrote that she would resign with a “heavy heart,” saying the decision was “thoughtfully deliberated” with family and colleagues, but ultimately hers alone. “I have greatly enjoyed my work with the city of Ferguson,” Karr wrote.

Sue Your Bank! Better To Go To Court Than To Arbitrate

May 10, 2016 Suzanne McGee, www.theguardian.com Create! Banks, Courts

By Suzanne McGee for The Guardian - New rules aim to return a consumer’s right to sue financial institutions – and the banks and credit card companies aren’t happy about it. If your bank hits you with what you consider to be unfair overdraft fees, or fails to notify you in a timely manner of new, higher fees – thus making it impossible for you to avoid them – you may end up losing enough money for it to be painful. But getting it back may be even more costly, too costly to make it worthwhile.

Judge: Lawsuit Against Torture Architects Allowed To Proceed

April 23, 2016 Eric M. Johnson, www.reuters.com Resist! Courts, Lawsuit, Torture

By Eric M. Johnson for Reuters - SEATTLE (Reuters) - A U.S. judge on Friday refused to dismiss a lawsuit against the former military psychologists who developed the CIA's interrogation program during George W. Bush's presidency, handing a major victory to a group of men who said they were tortured in secret prisons abroad. U.S. District Court Judge Justin Quackenbush's decision to allow the case to proceed was a step forward in the campaign to hold individuals accountable for a program that the American Civil Liberties Union said resulted in the torture of at least 119 men from 2002 until it was ended in 2008.

Newsletter: Using Courts To Build The Movement

March 6, 2016 Kevin Zeese and Margaret Flowers, www.popularresistance.org Newsletter Cimate, Climate Change, Courts, Exxon, FERC, Fracking, France, Fukushima, GMOs, Japan, Okinawa, Zapatistas

By Kevin Zeese and Margaret Flowers. The worst crimes of US history have been protected by law – slavery, taking of Indigenous lands, attacks on unions, denying women the vote and money as speech in elections. As a result, when politicians say we are a nation of laws, it often means the courts will be used to protect corporate interests in making a profit even if doing so destroys communities, people and the environment. But, courts do not always side with the corporations and government. There are times when an enlightenment comes to the judiciary and some begin to rule for the people or their communities. This happens because even courts reflect the political moment – or zeitgeist – when the culture takes a turn thanks to people organizing to express their interests wherever they can. We may be at the beginning of such a moment, perhaps too soon to say and perhaps we are being optimistic. It shows the importance of the movement building national consensus because such consensus impacts everything.

Ban On Patients Growing Own Pot Struck Down

February 26, 2016 Mike Laanela, www.cbc.ca Resist! Courts, Marijuana

By Mike Laanela for CBC News - A Federal Court judge has struck down federal regulations restricting the rights of medical marijuana patients to grow their own cannabis and given the Liberal government six months to come up with new rules. Judge Michael Phelan ruled Wednesday in Vancouver that the Marijuana for Medical Purposes Regulations were an infringement on charter rights and declared they have no force and effect. But the judge also suspended his declaration for six months to give the federal government time to come up with new rules.

Activist Facing Felonies For Breaking Northrup Grumman Windows

February 10, 2016 Fran Quigley, www.PopularResistance.org Resist! Courts, militarism, Political Prisoner, Wars and Militarism

By Fran Quigley for Popular Resistance. Jessica Reznicek, 34, an Iowa peace activist, was arraigned Monday and charged with two felonies for breaking three windows with a sledgehammer at the Northrup Grumman facility outside the Omaha Nebraska Strategic Air Command at Offut Air Force base. Writing from her jail cell, Reznicek, who has lived and worked at the Des Moines Catholic Worker for years, said she broke the windows as an act of conscience “in an effort to expose the details of the defense contracts currently held by Northrup Grumman with U.S. Strategic Air Command (STRATCOM) at Offutt Air Force Base. Over the years, billions of taxpayer dollars are pouring into the hands of these money-hungry, bomb-building, and computer geek space war criminals.” Jessica is facing up to 20 years. Her trial is schedule for May 24th. She is currently incarcerated, refusing to pay bond.

Rising Tide Statement After Delta 5 Case

January 17, 2016 Staff, www.risingtidenorthamerica.org Strategize! Climate Justice, Courts, Delta 5, Oil Trains, Solidarity

Staff for Rising Tide North America. The Delta Five’s action threatened Big Oil millions of dollars in lost profit. One BNSF Railroad official said “One train can be millions in revenue. “When you have a backup on a system, this impacts yard activity, the ports are impacted from ships, then you have passenger and commuter (traffic) in the corridor. It’s a time-sensitive, very busy terminal area. We can’t tolerate it. They can voice their opinion, but we don’t want them on our property. We’re trying to conduct our business.” Corporations and the government don’t want a climate movement willing to take such risks to stop such abhorrent destruction costing them untold profits. Our democracy is broken. Our voices are not heard. Corporations own politicians in Washington D.C. and state capitols across the country making it impossible for ordinary people to have a voice on crucial issues such as global warming. Large environmental groups are also compromised as they pander to politicians and seek funding from corporate donors.

Judge, Jurors Praise Defendants For Climate Resistance

January 15, 2016 Julia Carrie Wong, www.theguardian.com Resist! Climate Change, Courts, Necessity defense

By Julia Carrie Wong for the Guardian. Five environmental activists who failed to convince a court that their attempt to block crude oil trains near Seattle was a legally justifiable act of civil disobedience on Friday were nonetheless praised by a judge as “part of the solution” to climate change. On Friday, the campaigners were convicted in a court in suburban Seattle of misdemeanor trespassing relating to a September 2014 protest in which they blocked railway tracks used by crude oil trains in Everett, Washington. The defendants intended to argue that their acts, though illegal, were necessary to prevent the greater harm of catastrophic climate change. After two days of testimony the judge refused to allow the jury to consider the necessity defense. The case marks the furthest defendants have managed to go in an American courtroom using the so-called “necessity” defense.

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