Courts

Columbia Gas Denied Right To Take Public Land For Potomac Pipeline

August 22, 2019 By Anne Meador, Dcmediagroup.us Resist! Courts, Maryland, Pipelines

A federal court judge today denied Columbia Gas the right to move forward with construction of a gas pipeline through public land in Washington County, Md. The ruling is a blow both to Columbia Gas and to the pipeline’s main intended customer, the Rockwool insulation factory in West Virginia, now under construction. The TransCanada subsidiary had filed a lawsuit against the state of Maryland in June in U.S. District Court in Baltimore to force access to the Maryland Rail Trail, a necessary piece to construct a 3.7-mile pipeline from Fulton County, Pa., through a thin slice of Maryland.

Standing Rock Asks Court To Shut Down Dakota Access Pipeline As Company Plans To Double Capacity

August 21, 2019 Phil McKenna, Insideclimatenews.org Resist! Courts, Pipelines, Standing Rock

The Standing Rock Sioux Tribe is asking a judge to throw out a federal permit for the Dakota Access oil pipeline, arguing that the government shut the tribe out of a court-ordered second environmental review and ignored its concerns. The challenge comes as Energy Transfer, the company behind the pipeline, is now seeking to double how much oil the pipeline can carry. The Dakota Access pipeline (DAPL) passes under the Missouri River, the tribe's water supply, just upstream from the Standing Rock Reservation.

Fighting Back: Six States Sue The EPA Over Its Approval Of Pesticide Linked To Brain Damage

August 19, 2019 By Alexandra Jacobo, Nationofchange.org Resist! California, Courts, EPA, Lawsuit, Pesticides

Last month the EPA announced that despite urging from the scientific community, it will not ban the dangerous pesticide chlorpyrifos. Now six states are fighting back against the decision. California, New York, Massachusetts, Washington, Maryland and Vermont have filed a lawsuit against the EPA arguing the chloypyrifos poses a significant danger to human health and should be banned. A similar lawsuit has been filed by Earthjustice on behalf of the environmental and health groups that advocate for environmentalists, farmworkers, and people with learning disabilities. The EPA argues that environmental groups do not have enough data to determine that chlorpyrifos isn’t safe. “Registration review is a comprehensive, scientific and transparent process that will further evaluate the potential effects of chlorpyrifos.

Julian Assange’s Lawyer Pleads With Australians To Help Bring Him Home

August 12, 2019 Cait Kelly, Thenewdaily.com.au Educate! Australia, Courts, Julian Assange, Repression

After Julian Assange’s lawyer failed to drum up political support in Canberra last week, she is now asking the Australian public to help bring him home. London-based human rights lawyer Jennifer Robinson visited the capital last week to dine with Anthony Albanese and speak to more than 30 MPs to raise support for the Townsville-born Assange. Despite her lobbying attempts, none of the major parties has publicly supported the embattled Australian. Ms Robinson is calling on Australians to take an interest in the case. Last month, Assange, 48, dropped an appeal against his 50-week jail term in Britain for jumping bail when he sought asylum in the Ecuadorian embassy.

Judge Denies Chelsea Manning A Hearing, Insists Hundreds Of Thousands Of Dollars In Fines Are Not Punishment

August 8, 2019 Kevin Gosztola, Shadowproof.com Resist! Chelsea Manning, Courts, Repression

A federal judge denied Chelsea Manning’s motion to reconsider fines imposed against her for refusing to testify before the grand jury investigating WikiLeaks. He also undermined due process and refused to hold a hearing. “Manning has the ability to comply with the court’s financial sanctions or will have the ability after her release from confinement,” Judge Anthony Trenga ruled. “Therefore, the imposed fines of $500 per day after 30 days and $1,000 per day after 60 days is not so excessive as to relieve her of those sanctions or to constitute punishment rather than a coercive measure.”

US Federal Court Exposes Democratic Party Conspiracy Against Assange And WikiLeaks

August 3, 2019 Eric London, Wsws.org Resist! Courts, Electoral Politics, Julian Assange, Political Parties, Wikileaks

In a ruling published late Tuesday, Judge John Koeltl of the US District Court for the Southern District of New York delivered a devastating blow to the US-led conspiracy against WikiLeaks founder Julian Assange. In his ruling, Judge Koeltl, a Bill Clinton nominee and former assistant special prosecutor for the Watergate Special Prosecution Force, dismissed “with prejudice” a civil lawsuit filed in April 2018 by the Democratic National Committee (DNC) alleging WikiLeaks was civilly liable for conspiring with the Russian government to steal DNC emails and data and leak them to the public.

What To Expect When You’re Expecting A Net Neutrality Decision

August 2, 2019 Andrew Jay Schwartzman, Benton.org Strategize! Courts, FCC, Internet, Net Neutrality

Every Tuesday and Friday morning at 10 am (Eastern), scores of journalists, activists, and lawyers stare at the website of the U.S. Court of Appeals for the D.C. Circuit’s “Opinions” page, rapidly refreshing their browsers. They are waiting for the court’s opinion in the challenge to the Federal Communications Commission’s 2017 decision repealing its own Obama-era network neutrality rules. Within a few minutes, the court posts new decisions or notes that there will be no decisions that day. The court’s net neutrality decision may come down tomorrow, next week, next month, or several months from now...

US Leaders Can Now Be Prosecuted For Illegal War

July 30, 2019 C.J. Polychroniou, Truthout.org Educate! Courts, ICC, War crimes, Wars and Militarism

War is gathering around the world, and autocratic leaders are undermining the legal checks on their discretion to launch attacks abroad. With the rule of law under threat, the International Criminal Court recently defined and activated for prosecution a new crime called the “crime of aggression.” The crime of aggression — leadership responsibility for planning, preparing, initiating or waging illegal war — has begun to permeate international, regional and national legal systems around the world. But in an age of drones, cyberattacks, insurgents and autocrats, is it too little, too late?

Court Tosses Another Crucial Permit For Atlantic Coast Pipeline

July 27, 2019 Staff, Sierraclub.org Resist! Courts, Fracking, Pipelines

RICHMOND, Va. -- Today, the Fourth Circuit Court of Appeals threw out a permit that the Atlantic Coast Pipeline (ACP) needs to continue construction. A three-judge panel vacated the United States Fish and Wildlife Service’s (FWS) review of the ACP’s impacts related to the Endangered Species Act (ESA), ruling that the FWS “lost sight of its mandate” when rushing the review for the pipeline instead of protecting threatened wildlife.

Fossil Fuels On Trial: Where The Major Climate Change Lawsuits Stand Today

July 26, 2019 David Hasemyer, Insideclimatenews.org Resist! Climate Change, Courts, Fossil Fuels, Lawsuit

A wave of legal challenges that is washing over the oil and gas industry, demanding accountability for climate change, started as a ripple after revelations that ExxonMobil had long recognized the threat fossil fuels pose to the world. Over the past few years: Two states launched fraud investigations into Exxon over climate change, and one has followed with a lawsuit. Nine cities and counties, from New York to San Francisco, have sued major fossil fuel companies, seeking compensation for climate change damages.

Monsanto Seeks To Reverse Jury Verdict In Cancer Case They Lost

July 12, 2019 By Alexandra Jacobo, Nationofchange.org Educate! Cancer, Courts, Herbicides, Monsanto

The company also argues that the $2 billion verdict was “unsupported, excessive and unconstitutional.” Monsanto is fighting back against the $2 billion verdict awarded to a couple that claimed the company’s infamous herbicide, Roundup, caused their cancer. Claiming that the plaintiffs’ counsel misconduct was “egregious and rampant,” the mega-corporation is calling for a new trial or judgment notwithstanding verdict. Alva and Alberta Pilliod, a couple in their 70s, used Roundup for 30 years until 2016 when they stopped after being made aware the glyphosate was possibly linked to cancer.

Heyburn 9 Protester Speaks About The Trial, Motives And How To Help

July 10, 2019 Staff, Leoweekly.com Resist! Courts, Immigration, Protests

Courtney Kearney is one of the Heyburn 9 arrested July 26, 2018 after halting the functioning of Louisville’s immigration court, located on the 11th floor of the Heyburn building on Broadway. The Heyburn 9 — under the leadership of Black Lives Matter Louisville and Mijente — locked their wrists together with chains and PVC pipe and blocked the elevators with their bodies. This act of civil disobedience took place after weeks of calls to abolish ICE in response to President Trump’s policies of separating migrant children and infants from their parents at the border.

A Rare Court Victory Offers Hope For Guantánamo’s “Forever Prisoners”

July 3, 2019 Andy Worthington, Closeguantanamo.org Resist! Courts, Guantanamo Bay, political prisoners

If you can, please make a donation to support our work in 2019. If you can become a monthly sustainer, that will be particularly appreciated. Tick the box marked, "Make this a monthly donation," and insert the amount you wish to donate. Anyone who has been following the alleged legal basis for the ongoing imprisonment without charge or trial of prisoners at Guantánamo should be encouraged by a ruling on June 21, 2019 by a three-judge panel — consisting of Judges Patricia A. Millett, Cornelia T. L. Pillard, and Harry T. Edwards — in the D.C. Circuit Court...

Bureau Of Land Mg’t Gives Big Oil Permits To Drill Chaco Canyon, Ignores Courts

July 1, 2019 By Carmen Gucwa, Nationofchange.org Educate! Courts, Drilling, Indigenous Peoples, Land, Oil

Last month, Indigenous and environmental activists won a crucial court victory against the Bureau of Land Management after tirelessly waging a years-long fight for the preservation of Chaco Canyon in New Mexico.The struggle is still not over. Chaco Canyon and its surrounding area, the Greater Chaco Landscape, are of great importance for their archeological and natural features...

Chaos In The Courthouse As Border Arrests Surge

June 24, 2019 Max Rivlin-Nadler, Theappeal.org Educate! Border, Courts, Immigration, Repression, Undocumented

It was just before 3 p.m. on a recent Tuesday and Magistrate Judge Barbara L. Major of the Southern District of California had been waiting all afternoon to arraign 37 people arrested for illegally entering the country. The arrests followed the Trump administration’s enactment of a new “zero-tolerance” policy, under which anyone caught crossing the border illegally—even first-time offenders—would be federally prosecuted for a misdemeanor and face a possible six months in prison. But the defendants never appeared in the San Diego courthouse that day.

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