Courts

Judge Denies Cancer Alley Marchers’ Request To Cross Louisiana Bridges

June 11, 2019 Staff, Ccrjustice.org Resist! Black Working Class, Courts, Louisiana, Repression, Toxic Chemicals

May 31, 2019, Baton Rouge, Louisiana – Today, a judge in Louisiana denied an emergency request by community leaders to march across two Mississippi river bridges as part of a five-day march through Cancer Alley. During the hearing, an attorney for the state police said that such marches are against the law and subject to felony charges, citing a law that carries up to 15 years imprisonment. The march, organized by the Coalition Against Death Alley, seeks to bring attention to the poisoning of Black communities in Louisiana’s Mississippi River parishes by hundreds of petrochemical companies.

Court Sides With Trump On Keystone XL Permit, But Don’t Expect Fast Progress

June 11, 2019 Neela Banerjee, Insideclimatenews.org Educate! Courts, New Economy, Pipelines, Trump Administration

A federal appeals court on Thursday threw out a lower court decision to halt construction of the Keystone XL pipeline. But several major obstacles remain to the controversial project's progress, ensuring that the much-delayed Keystone XL will likely not be built soon. The Ninth Circuit Court of Appeals decision hands a victory, at least for now, to the Trump administration and tar sands oil interests that have sought to jump-start construction of the northern leg of the pipeline from Alberta to Nebraska.

Court: Climate Impacts Of Pipeline Projects Cannot Be Ignored

June 11, 2019 Karen Savage, Climateliabilitynews.org Educate! Climate Change, Courts, FERC, Pipelines

The Federal Energy Regulatory Commission, a little-known agency that oversees energy infrastructure, receives far less attention when it comes to climate change than the Environmental Protection Agency. But a recent court ruling upheld that it must consider climate impacts in its decisions to approve certain natural gas infrastructure, hindering Trump administration efforts to speed construction on those projects with no regard to their impact on the climate. The ruling, issued Monday by the District of Columbia Court of Appeals in Lori Birckhead et al v. FERC...

Kids Face Rising Health Risks From Climate Change, Doctors Warn As Juliana Case Returns To Court

June 6, 2019 By Nina Pullano, Insideclimatenews.org Resist! Climate Change, Courts, Public Health

The 21 children and young adults suing the federal government over climate change argue that they and their generation are already suffering the consequences of climate change, from worsening allergies and asthma to the health risks and stress that come with hurricanes, wildfires and sea level rise threatening their homes. With the case back in court on Tuesday, some of the heaviest hitters in the public health arena—including 15 major health organization and two former U.S. surgeons general—have been publicly backing them up.

Appeals Court Recognizes That Farmworkers Have A Fundamental Right To Organize

May 27, 2019 Staff, Nyclu.org Organize! Courts, Farmworkers, Labor

ALBANY - A state appellate court today declared unconstitutional a Jim Crow-era exclusion in state law that denies farmworkers the right to organize and collectively bargain. Plaintiffs Crispin Hernandez, the Workers’ Center of Central New York and the Worker Justice Center of New York, represented by the New York Civil Liberties Union, originally challenged the exclusion of farmworkers from basic labor protections in 2016. “This is a victory for farmworkers, as we have finally had our day in court,” said Crispin Hernandez, who was fired from his job as a dairy worker in Lowville...

The Extraordinary Swedish Extradition Of Julian Assange

May 25, 2019 Staff, Craigmurray.org.uk Educate! Courts, Julian Assange, Repression, Sweden

In Sweden, prosecutors have applied to the Swedish courts to issue a warrant for Julian’s arrest. There is a tremendous back story to that simple statement. The European Arrest Warrant must be issued from one country to another by a judicial authority. The original Swedish request for Assange’s extradition was not issued by any court, but simply by the prosecutor. This was particularly strange, as the Chief Prosecutor of Stockholm had initially closed the case after deciding there was no case to answer, and then another, highly politically motivated...

Court Stops School Board Move To Condemn Rockwool Property, For Now

May 2, 2019 Anne Meador, Dcmediagroup.us Resist! Courts, Schools

A federal court judge granted Rockwool’s motion for a preliminary injunction, halting the Jefferson County Board of Education’s efforts to obtain the Rockwool site by eminent domain. The judge’s order means that the BOE may not pursue condemnation of the property in state court. The injunction will be in effect while proceedings continue in U.S. District Court. Judge Gina Groh found that Rockwool was likely to succeed on the merits of its case, and furthermore, that evidence indicates that a jury would likely find in its favor.

US Judge Strikes Down Texas Anti-BDS Law

April 30, 2019 Middle East Eye. Resist! BDS, Courts, Texas

A US federal judge has struck down a controversial Texas anti-boycott, divestment and sanctions (BDS) law, saying it violates freedom of speech under the country’s first amendment of the constitution. The judge, Robert Pitman, delivered an injunction to strike down Texas’ law late on Thursday, saying in his opinion that it forces “public debate through coercion rather than persuasion”. The law ran into legal trouble when Bahia Amawi, a speech pathologist, was not allowed to sign a contract extension with Pflugerville independent school district...

Chelsea Manning’s Appeal Rejected By 4th Circuit Court Of Appeals

April 23, 2019 Staff, Angelof-truth.com Resist! Chelsea Manning, Courts, Julian Assange

Chelsea Manning is well known for the Collateral Murder video published by Wikileaks seen here. She also disclosed thousands of diplomatic cables through Wikileaks. She spent 7 years in prison after being convicted under the ancient espionage act. Her sentence was commuted by Barrack Obama in 2017. The question being raised is if the only charge against Assange has been revealed, why is Manning still in jail? Assange was arrested 11 days ago in the Ecuadorian embassy in London after the ambassador opened the doors and let police in. Immediately after Assange’s arrest, the US issued an extradition warrant.

Federal Court: Cities Cannot Criminalize Homelessness

April 19, 2019 Chris Teale, Smartcitiesdive.com Resist! Courts, Criminalization, Homelessness

The likes of the American Civil Liberties Union (ACLU) have come out hard against anti-homelessness laws in cities nationwide. The organization derided laws encouraging homeless people in Houston to go to shelters — which are often full — as rules that "are ineffective, waste limited public resources, violate basic human and constitutional rights, and strip homeless Houstonians of their dignity.” In an interview with Curbed, Eve Garrow, a homelessness policy analyst at the ACLU, said the organization plans to start an education campaign making sure cities are aware of the ruling and how they can ensure they are not in violation.

Traditional Owners Fighting Adani Coal Mine Mount Fresh Legal Challenge

April 17, 2019 By Ella Archibald-Binge, Sbs.com.au Resist! Australia, Coal Mining, Courts

Adani gained federal government approval for its controversial mine project but could be stopped by a courtroom confrontation from Traditional Owners. Traditional Owners opposed to the Carmichael mine will mount a legal challenge in the federal court next month to overturn Adani's crucial agreement with Indigenous landholders. The mining company's groundwater management plan was approved this week by Federal Environment Melissa Price and before construction can begin the Queensland government needs to sign off on environmental approvals.

Friends Of The Earth Netherlands Submits Legal Summons In Historic Climate Case Against Shell

April 6, 2019 Staff, Foei.org Resist! Climate Change, Courts, shell

In the court summons, Friends of the Earth Netherlands outlines why it is bringing this groundbreaking climate litigation case against Shell, highlighting the company’s early knowledge of climate change and its own role in causing it. Despite acknowledging that the fossil fuel industry has a responsibility to act on climate change, and claiming to “strongly support” the Paris Agreement, Shell continues to lobby against climate policy and to invest billions in further oil and gas extraction. This is incompatible with global climate goals.

Shannon Airport Case Involving US War Veterans Adjourned Until May

April 5, 2019 By Cathy Halloran, Rte.ie Resist! Courts, Veterans, Veterans for Peace

A case involving two US war veterans, accused of trespassing and causing damage to the perimeter fence at Shannon Airport last month, has been adjourned until 8 May next. Eighty-two-year-old Ken Mayers from New Mexico and 77-year-old Tarak Kauff from New York appeared at Ennis District Court today charged with causing criminal damage, estimated to cost €2,500, to the airport perimeter fence at Shannon Airport on 17 March last.

Judge Says Trump’s Plan To Allow Drilling In Arctic Ocean Is ‘Unlawful And Invalid’

April 3, 2019 Olivia Rosane, Ecowatch.com Educate! Arctic, Courts, Drilling, Trump Administration

A federal judge in Alaska ruled on Friday that President Donald Trump "exceeded the president's authority" when he signed an executive order to allow offshore oil drilling in around 125 million acres of the Arctic Ocean, CNN reported. U.S. District Court Judge Sharon Gleason's decision restores a ban on drilling in 98 percent of the U.S.-controlled Arctic Ocean, according to Earthjustice, which sued to stop Trump's order on behalf of several environmental groups and Alaska Native communities.

US Judge Halts Hundreds Of Drilling Projects In Groundbreaking Climate Change Ruling

April 2, 2019 Cassidy Randall, Theguardian.com Resist! Climate Change, Courts, Drilling

In the first significant check on the Trump administration’s “energy-first” agenda, a US judge has temporarily halted hundreds of drilling projects for failing to take climate change into account. Drilling had been stalled on more than 300,000 acres of public land in Wyoming after it was ruled the Trump administration violated environmental laws by failing to consider greenhouse gas emissions. The federal judge has ordered the Bureau of Land Management (BLM), which manages US public lands and issues leases to the energy industry, to redo its analysis.

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