Law

Missouri Supreme Court Decision Is A Victory For Solar Industry

June 5, 2015 Renew Missouri, www.earthisland.org Create! Environment, Law, Renewable Energy, Solar Energy

By Renew Missouri in Earth Island - In February, Missouri’s Supreme Court ruled in favor of Renew Missouri, a project of Earth Island Institute, and against Missouri-based Empire District Electric Company in a contentious case about solar rebates. Under the ruling, Empire must begin complying with a key component of a state law that Renew Missouri helped create and begin offering rebates to customers who install solar rooftop systems to offset some of the installation costs. With this latest victory for clean energy under his belt, Renew Missouri co-founder PJ Wilson reflected on all that’s happened over the past few years, including his path towards becoming a renewable energy advocate. Back in the late 1990s, when he was studying civil engineering at the University of Southern California, Wilson didn’t think much about where energy came from.

The US Gov’t Could Count Those Killed By Police

June 5, 2015 Rashad Robinson, www.theguardian.com Resist! #BlackLivesMatter, Black Lives Matter (BLM), Criminal Justice, Law, police brutality, Racial Justice

By Rashad Robinson in The Guardian - For centuries, black communities in America have faced physical abuse and unjustified deadly force at the hands of law enforcement. Modern policing even originated in slave patrols and night watches that captured people who tried to escape slavery. According to the most recent FBI data, local police kill black people at nearly the same rate as people lynched in the Jim Crow-era – at least two times a week. The Guardian’s latest count for the first five months of 2015 puts that number at around once per day. But the verifiable impact on black lives of racially discriminatory policing remains largely unknown. Despite federal law authorizing the US attorney general to collect nationwide data on police use of force, there remains no federal database on how often police kill civilians, let alone abuse their authority.

Fighting Against Foreclosure Fraud & Courts’ Abuse Of Power

June 5, 2015 Senka Huskic, www.occupy.com Educate! Banking, Foreclosure, Housing, Law

By Senka Huskic in Occupy - Our Constitution contemplates a federal system of governing where states share in power that limits the federal government’s powers. Those powers which are not given to the federal government are reserved to the states. The Constitution contemplates each state will have sovereignty over its own territory. There is no core sovereignty more fundamental than that of the state to control the distribution of land within its borders. Typically, the federal Constitution and federal laws trump state constitutions and statutes. But state laws governing the distribution of land within the state are within the core sovereignty of the states and beyond the authority of Congress to regulate. The Supremacy Clause is very specific that only federal law, i.e. statutes and treaties enacted pursuant to the Constitution’s enumerated powers, are supreme.

French Court Rules It Is Unconstitutional To Cut Off Water To Anybody

June 4, 2015 Sean Adl-Tabatabai, www.yournewswire.com Create! France, Human Rights, Law, Water

By Sean Adl-Tabatabai in Your News Wire - The Constitutional Council has validated Friday a total ban on water cuts introduced into French law in 2013 but contested by the Saur distributor. The Council “held that the interference with freedom of contract and freedom of enterprise resulting from the prohibition of interrupting the water supply is not manifestly disproportionate to the objective pursued by the legislature “he said in a decision published on its website . Saur company had filed a priority question of constitutionality (QPC) after being sued for a water cut performed on one of its customers in Picardy. The Constitutional Council “rejected the objections” of water dispenser, which denounced “a disproportionate interference with freedom of contract and freedom of enterprise.”

Protesters Arrested At Denton Drilling Site As Fracking Resumes

June 4, 2015 Max B. Baker, www.star-telegram.com Resist! Law, Oil & Gas, Politics

By Max B. Baker in Star Telegram - Three protesters opposed to the resumption of hydraulic fracturing in Denton were arrested early Monday after blocking the entrance to a natural gas well site. Adam Briggle, Tara Linn Hunter and Nikki Chochrek were arrested without incident shortly before 8 a.m. after staging a sit-in that blocked the entrance of the well site operated by Vantage Energy in northwest Denton. About 20 other protesters had gathered at the site. Vantage became the first company to resume drilling in Denton after Gov. Greg Abbott signed a bill last month that outlaws prohibitions against hydraulic fracturing, or “fracking,” such as the ban passed by Denton voters in November. “It just became obvious that we had exhausted all legal means to block fracking and that this unjust law is being forced on a community that voted it out,” said Hunter, who along with Chochrek is a member of the musical group The Frackettes.

Florida Court Rules ”Off Grid” Living Illegal

June 4, 2015 Joshua Krause, www.activistpost.com Resist! Energy, Law, Solar Energy

By Joshua Krause in Activist Post - Robin Speronis had been living in an off-grid home for many years without incident, until she was interviewed by a local FOX affiliate in November of 2013. Shortly thereafter, the city of Cape Coral tagged a “notice to vacate” on her property, due to multiple code violations, all of which stem from the fact that her home isn’t connected to water, sewage, or the electrical grid. The city has tried to argue that she is in violation of the International Property Maintenance Code for relying on rainwater and solar panels, instead of utilities. Since that time, Speronis has been fighting the courts for her right live off the grid. Magistrate Harold Eskins recently ruled that she can live without using water or electricity, but she still has to be connected to these utilities no matter what.

USA Freedom Act Passes: Celebrate, Mourn, & Moving Forward

June 3, 2015 Cindy Cohn and Mark Jaycox, www.eff.org Resist! Internet, Law, Privacy, Reform, Surveillance

By Cindy Cohn and Mark Jaycox from EFF - The Senate passed the USA Freedom Act today by 67-32, marking the first time in over thirty years that both houses of Congress have approved a bill placing real restrictions and oversighton the National Security Agency’s surveillance powers. The weakening amendments to the legislation proposed by NSA defender Senate Majority Mitch McConnell were defeated, and we have every reason to believe that President Obama will sign USA Freedom into law. Technology users everywhere should celebrate, knowing that the NSA will be a little more hampered in its surveillance overreach, and both the NSA and the FISA court will be more transparent and accountable than it was before the USA Freedom Act.

Ellsberg Urges Snowden Receive Nobel Peace Prize

June 3, 2015 Ewen MacAskill, Dan Roberts, and Ben Jacobs, www.theguardian.com Resist! Law, Privacy, Surveillance

By Ewen MacAskill, Dan Roberts, and Ben Jacobs in the Guardian - NSA whistleblower Edward Snowden should be thanked for sparking the debate that forced Congress to change US surveillance law, Daniel Ellsberg, the man who leaked the Pentagon Papers, said Monday. Other prominent US whistleblowers also gave Snowden credit and argued that the curbs in the NSA’s surveillance powers by Congress – combined with a federal court ruling last month that bulk phone record collection is illegal – should open the way for him to be allowed to return to the US, although they conceded this was unlikely. Ellsberg, the former US military analyst who risked jail in 1971 by leaking Pentagon papers showing the White House lied about the Vietnam war, welcomed the concessions made by the Senate, limited as they are.

11 Actions In 10 Days To Build People Power & ‘Stop The #FERCus’

June 2, 2015 Ted Glick, www.ecowatch.com Resist! Cove Point, Environment, FERC, Law, Oil & Gas

By Ted Glick in Ecowatch - “Stop the #FERCus” was the theme of the 10 days of action in Washington, DC and Calvert County, Maryland, which ended yesterday, and that was the main focus, no doubt about it, but it was about so much more. These 10 days of action and organizing were all about building community—a community taking action and interacting with one another and with others in a way which builds people power. 45 years ago when I was young and new to progressive activism, “building power” wasn’t a phrase I remember hearing. “Taking power” was, however.

What Will Cleveland Consent Decree Do For Victims Of Police Violence?

June 2, 2015 Nicole Colson, www.socialistworker.org Educate! Cleveland, Law, police brutality

By Nicole Colson in Socialist Worker - DO COPS really need to be told not to pistol-whip people? Not to brutalize someone for talking back? Or shoot them for the "crime" of running away? The ones in Cleveland apparently do. Under the terms of the court-administered agreement with the Justice Department called a "consent decree," the Cleveland police will submit to oversight of numerous aspects of policing from the use of force to police accountability to the utilization of equipment and resources. But on the heels of another legal verdict exonerating a Cleveland cop for the murder of unarmed African Americans, the question is whether these regulations will change the toxic levels of violence that Cleveland police currently wield with impunity? And what, if anything, will they mean for the ability to win justice for victims of police brutality?

Community Advocates Win: Federal Judge Rules For GMO Seed Ban

June 1, 2015 Steven Rosenfeld, www.alternet.org Resist! Food and Agriculture, GMOs, Law, Monsanto

By Steven Rosenfeld in Alternet - On Friday, Mark D. Clarke, a federal magistrate judge, dismissed a legal challenge brought by commercial farmers who use Monsanto's genetically modified alfalfa seeds. The non-organic farms sought to overturn a 2014 ordinance passed by Jackson County voters that banned the use of such seed stock, claiming that the anti-GMO ordinance violated their right to farm. However Judge Clarke concluded that exactly the opposite was the case. He held that the county's no-GMO seed ordinance could take effect next week, citing earlier state legislation that protected commercial farms—in this case organic farmers—from harm from other commercial enterprises, such as the commercial farms whose GMO-laced alfalfa pollen gets carried by the wind and can't be stopped from tainting organic crops.

Native Tribes Declare Sovereignty From Maine

June 1, 2015 Alex Freeman, www.thefifthcolumnnews.com Resist! EPA, Indigenous People, Law, Maine, Sovereignty

By Alex Freeman in The Fifth Column News - The new Order maintains that native tribes in Maine retain their sovereignty, but holds that they now have a “relationship between equals with its own set of responsibilities,” yet declares that tribal lands, forms of tribal governance and natural resources controlled by the native tribes are subject to the laws and jurisdiction of the State of Maine. The takeover of lands was prompted by an EPA letter to the State, and claims that lack of Tribal participation in “the State’s interests” required the usurpation of Tribal sovereignty. The Letter, in fact, actually supports the Tribal position, as the Tribal standards of environmental protection are much stricter than those of the EPA or the State of Maine. Those close to the Penobscot Tribe tell The Fifth Column that LePage threatened to sue the EPA over the proposed new regulations, leading the Agency to back down.

Canada’s 3rd Day Of Action Against Secret Police Bill #C51

June 1, 2015 Bailey Lamon and Mike Roy, www.revolution-news.com Resist! Canada, Law, Police

By Bailey Lamon and Mike Roy in Revolution News - Saturday, May.30th 2015 was the 3rd National Day of Action held in Canada against Bill C-51, a piece of legislation supported by the ruling Conservative government and Liberal Party of Canada that attempts to address and eliminate potential threats of “terrorism”. It has been compared to the Patriot Act in the United States. C-51 passed in the House of Commons just weeks ago, making its way to the Senate who could, if they wanted to, scrap the bill entirely. At this point in time 15 Canadian Senators oppose C-51, while 5 are in support and 52 are undecided. National days of protest have been happening every month since the bill was proposed in addition to consistent campaigning from anti-C51 organizers all over the country.

TISA: Another Secret Treaty Is Leaked

May 30, 2015 Jeremy Malcolm, www.eff.org Educate! Free Trade, Freedom of Expression, Internet, Law, Privatization

A February 2015 draft of the secret Trade In Services Agreement (TISA) was leaked again last week, revealing a more extensive and more recent text than that of portions from an April 2014 leak that we covered last year. Together with the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership (TTIP), TISA completes a trifecta of trade agreements that the administration could sign under Fast Track without full congressional oversight. Although it is the least well-known of those agreements, it is the broadest in terms of membership. As far as we know, it presently includes twenty countries plus Europe (but notably excluding the major emerging world economies of the BRICS bloc), who, with disdainful levity, have adopted the mantle “the Really Good Friends of Services”.

What The Approval Of A Natural Gas Export Terminal Means

May 30, 2015 No Pipeline Expansion, www.sape2016.org Resist! FERC, Law, Oil & Gas, Oil Pipeline

A grassroots coalition, No Pipeline Expansion (NOPE), stated today that the Department of Energy’s (DOE) approval of Pieridae’s Goldboro liquefied natural gas (LNG) export terminal in Nova Scotia, Canada confirms their position that natural gas from Spectra Energy’s northeast pipeline expansions will be shipped overseas. According to the Pieridae website, “the Pieridae facility is located adjacent to the Maritimes & Northeast Pipeline, a 1,400-kilometre transmission pipeline system built to transport natural gas between developments in Nova Scotia, Atlantic Canada and the northeastern United States.” The Spectra Maritimes & Northeast pipeline connects directly to the Spectra Algonquin pipeline in Beverly, MA. Exports by Spectra, assisted by the proposed Kinder Morgan greenfield pipeline and Peabody lateral, could feed most of Pieridae’s needs for gas.

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