Legal System

Judge Orders Increased Protection Of Marine Species From Oil Drilling

August 22, 2024 Cristen Hemingway Jaynes, EcoWatch. Resist! Biodiversity, Drilling, Legal System, Oceans, Oil and Gas

At the urging of Sierra Club, Friends of the Earth and other green groups, a United States federal judge has thrown out a National Marine Fisheries Service (NMFS) assessment governing how threatened and endangered marine species like whales and sea turtles ought to be protected from oil and gas drilling in the Gulf of Mexico. The Maryland district court struck down the assessment — known under the Endangered Species Act as a “biological opinion” — which was required to ensure that endangered and threatened species would not be jeopardized by exploration and drilling for fossil fuels in the Gulf, a press release from Sierra Club said.

Judge Denies Motion To Dismiss In Free Speech Case

August 18, 2024 Uhuru Solidarity Movement, Popular Resistance. Resist! Black Liberation, Legal System, State Repression, Uhuru 3

On August 15, 2024, U.S. Federal District Court Judge William Jung issued his ruling denying the Motion to Dismiss filed by attorneys for the “Uhuru 3” - Omali Yeshitela, Penny Hess and Jesse Nevel - who argued that the case violates the First Amendment. Jung’s decision came over one year after the Motion was filed, ten months after oral arguments on the Motion were presented and six months after Magistrate Judge Anthony Porcelli recommended to the district judge that he deny the Motion. On August 14, 2024, the same Judge denied the prosecutors’ “motion in limine”, filed August 1, 2024, to restrict the Uhuru 3 attorneys from arguing to the jury that their defendant’s speech is protected by the First Amendment, stating that “whether the conduct is shielded by the First Amendment is a legal issue to be decided by the Court, and arguments concerning such legal issues will only confuse the jury.”

Climate Disaster Survivors Call For Investigation Into Fossil Fuel Industry

August 16, 2024 Michael Riojas, EcoWatch. Resist! climate crisis, Extreme weather, Fossil Fuels, Legal System

More than 10,000 survivors and loved ones of survivors of “climate-driven disasters” have signed an open letter to the U.S. Department of Justice (DOJ) urging an investigation into fossil fuel companies for “climate-related crimes.” Of the signatories, more than 1,000 were survivors of these disasters and more than 9,000 were loved ones. Public Citizen said they, along with Chesapeake Climate Action Network, delivered the letter to the DOJ. The letter comes at a time of increased public pressure against the fossil fuel industry and during which climate-related civil lawsuits have increased at an unprecedented pace, and have been mostly successful.

Maya Ixil Elders Prepare To Give Their Testimony In Genocide Case

August 16, 2024 Network in Solidarity with the People of Guatemala, Popular Resistance. Resist! Genocide, Guatemala, Indigenous People, Legal System

Guatemala City, Guatemala - On Monday August 12, 2024, the defense lawyers of ex-general Manuel Benedícto Lucas García, accused of genocide, forced disappearance and crimes against humanity of the Maya Ixil people, made a frivolous and malicious attempt to dismiss the case surrounding the genocide of the Maya Ixil people in Guatemala. The case against ex-general Lucas García has been in progress for four months since it began on April 5, 2024 at the First Court of Criminal Sentencing, Narco Activity and Crimes against the Environment, for High Risk Processes, Group "A", Guatemala City, Guatemala.

Rally For New Orleans Popular University For Gaza Arrestees

August 4, 2024 Juleea Berthelot, Fight Back! News. Resist! Campus Movement, Israel, Legal System, Louisiana, New Orleans, Palestine

New Orleans, LA – On July 30, around 40 people gathered outside of New Orleans criminal court at 2 p.m., an hour before the third court date for the 14 people arrested at the Tulane/Loyola University encampment. The 14 were arrested on May 1, around 3 a.m., by a combination of TUPD, NOPD and Louisiana state police officers. While the crowd gathered, they chanted, “Protesting Is not a crime, free, free, free Palestine” and “Not guilty, not sorry!” A Loyola University faculty member, Pablo Zavala, shared his thoughts about the encampment, stating, “The popular university rejected the logic of paying for your health, which many of us can’t afford, and instead offered free healthcare – and they didn’t like it.

Greenpeace International Uses First EU Anti-SLAPP Directive

August 3, 2024 Greenpeace International. Resist! European Union (EU), Greenpeace, Legal System, SLAPP Lawsuit

Amsterdam, Netherlands — Greenpeace International pushed back today against a meritless, US $300 million lawsuit from US-based fossil fuel company Energy Transfer by sending a Notice of Liability to its headquarters in Dallas, Texas. The Notice of Liability informs Energy Transfer (ET) of Greenpeace International’s intention to bring a lawsuit against the company in a Dutch Court to recover all damage and costs it has suffered as a result of the SLAPP suit, unless ET withdraws its case and accepts responsibility for the harm Greenpeace International has suffered.[1] The Notice of Liability marks the first application of the new European Union anti-SLAPP Directive.

Five More Just Stop Oil Activists Jailed

August 3, 2024 Steve Topple, The Canary. Resist! climate crisis, incarceration, Legal System, United Kingdom (UK)

Six Just Stop Oil supporters have been sentenced today (Thursday 1 August) by Judge Collery at Basildon Crown Court – with five being jailed. They took action climbing gantries over the M25 motorway in November 2022, demanding the UK government immediately halts all licensing and consents for new fossil fuel exploration and extraction. Daniel Johnson, Paul Bell, Theresa Higginson, Gaie Delap, Paul Sousek, and George Simonson, pleaded guilty in April to the offence of ‘causing a public nuisance’, a statutory offence under the new Police, Crime, Sentencing and Courts Act 2022. Gaie Delap and Paul Sousek each received 20 month sentences, whilst Paul Bell received 22 months.

GW Pressured Federal Prosecutors To Ban Students From Campus

August 1, 2024 Alumni For Justice In Palestine At The George Washington University, Mondoweiss. Educate! Campus Movement, encampments, George Washington University, Israel, Legal System, Palestine, Repression

At The George Washington University’s (GW) request, the U.S. Attorney’s Office prosecutors recently included stay away orders as a condition in the stet agreement for students arrested at the Palestine solidarity encampment on GW’s campus, preventing them from entering the entirety of the Foggy Bottom campus – with Pennsylvania Ave NW, 18th Street NW, E Street NW, Virginia Ave NW, and 24th Street NW delineating the boundaries. Initially, prosecutors formulated the orders to include exceptions for commuting to and from home and work, going to classes, and meeting with faculty. However, immediately before the second round of status hearings for students arrested during the Metropolitan Police Department’s May 8th encampment raid, GW successfully pressured the government to revoke these exemptions.

President Maduro Files Supreme Court Appeal For Election Protection

August 1, 2024 Victoria Torres, Orinoco Tribune. Resist! Elections, Legal System, Nicolas Maduro, Venezuela

The president of Venezuela, Nicolás Maduro, has filed an appeal before the electoral chamber of the Supreme Court of Justice (TSJ) for protection of results, in order to resolve the attacks and the attempted coup d’état that took place on Monday. The head of state submitted a request to the TSJ to summon all candidates this Wednesday, July 31, as well as representatives of all parties “to compare all the evidence and certify the results of July 28 through a technical appraisal,” the president said, “so that the Electoral Chamber of the TSJ can address this attack.” When the election’s results were announced a few minutes before midnight on Sunday, July 28, the president of the National Electoral Council (CNE), Elvis Amoroso, condemned an attack against the CNE’s technological systems.

Canada Owes First Nations Billions After Making ‘Mockery’ Of Treaty Deal

July 29, 2024 Leyland Cecco, Portside. Resist! Canada, First Nations, Indigenous Rights, Legal System, Treaties, Victory

An “egregious” refusal by successive Canadian governments to honor a key treaty signed with Indigenous nations made a “mockery” of the deal and deprived generations of fair compensation for their resources, Canada’s top court has ruled. But while the closely watched decision will likely yield billions in payouts, First Nation chiefs say the ruling adds yet another hurdle in the multi-decade battle for justice. In a scathing and unanimous decision released on Friday, Canada’s supreme court sharply criticized both the federal and Ontario governments for their “dishonourable” conduct around a 174-year-old agreement, which left First Nations people to struggle in poverty while surrounding communities, industry and government exploited the abundant natural resources in order to enrich themselves. But while the closely watched decision will likely yield billions in payouts, First Nation chiefs say the ruling adds yet another hurdle in the multi-decade battle for justice. In a scathing and unanimous decision released on Friday, Canada’s supreme court sharply criticized both the federal and Ontario governments for their “dishonourable” conduct around a 174-year-old agreement, which left First Nations people to struggle in poverty while surrounding communities, industry and government exploited the abundant natural resources in order to enrich themselves.

A Judge Ruled A Louisiana Prison’s Health Care System Failed Inmates

July 28, 2024 Richard A. Webster, ProPublica. Educate! Criminal Justice and Prisons, Health Care, History, Legal System, Louisiana, Prison Industrial Complex

Several months ago, in a lawsuit that was in its ninth year, a federal judge blasted the medical care at the Louisiana State Penitentiary at Angola. Many inmates hoped it would be a watershed moment. In her opinion, U.S. District Judge Shelly Dick excoriated the state for its “callous and wanton disregard” for the health of those in its custody. “Rather than receiving medical ‘care,’ the inmates are instead subjected to cruel and unusual punishment,” Dick said in her November opinion. The “human cost,” she said, is “unspeakable.” She then ordered the appointment of three independent monitors to devise and implement a plan to reform the system.

Hawaiian Electric Reaches Tentative $4 Billion Maui Wildfire Settlement

July 20, 2024 Cristen Hemingway Jaynes, EcoWatch. Educate! climate crisis, Energy, Hawaii, Legal System, Maui Wildfire

In a lawsuit over the Maui wildfires of August 2023, Hawaiian Electric and other defendants have tentatively agreed to a settlement of more than $4 billion. The proposed deal, which has not yet received final approval, would settle the lawsuits of thousands of businesses and homeowners against the island’s utility, Hawaiian Electric, said people familiar with the agreement who were not authorized to speak about it publicly, Bloomberg reported. The devastating wildfires killed 102 people, damaged or demolished 2,207 structures — most of them residential — and caused approximately $5.5 billion in damages.

Whole Truth Five Sentenced To 4-5 Years At Southwark Crown Court

July 19, 2024 Just Stop Oil. Resist! climate crisis, Direct Action, Legal System, Roger Hallam, State Repression, United Kingdom (UK)

In an obscene perversion of justice, five Just Stop Oil supporters were handed multi-year prison sentences today for nothing more than attending a Zoom call. [1] At Southwark Crown Court, Judge Christopher Hehir jailed Roger Hallam (57, from Wales) for five years, whilst Daniel Shaw (38, from Northampton), Lucia Whittaker De Abreu (34, from Derby), Louise Lancaster (58, from Cambridge) and Cressida Gethin (22, from Hereford) were each sentenced to four years. They were convicted last week of conspiracy to cause a public nuisance in relation to the M25 motorway disruption in November 2022. [2] They will join Amy Pritchard who was sentenced in June to 10 months in prison for breaking a window belonging to the world’s largest fossil fuel funder, JP Morgan.

Appeals Court Dismisses Biden Genocide Complicity Case

July 18, 2024 Brett Wilkins, Consortium News. Educate! California, Genocide, Genocide Convention, Israel, Joe Biden, Legal System, Palestine

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco affirmed a lower court’s dismissal of the lawsuit against President Joe Biden, Secretary of State Antony Blinken and Defense Secretary Lloyd Austin, which was led by the Center for Constitutional Rights (CCR) on behalf of several Palestinian groups and individuals. During a Tuesday interview on Democracy Now!, CCR attorney Katherine Gallagher — who represented plaintiffs in the case — said its dismissal “essentially gives the blank check to carry out any kind of conduct that the executive wants in times of genocide, in times of war.”

Truth Dies: Uhuru 3 Trial May Set Dangerous Precedent For Free Speech

July 16, 2024 Margaret Flowers, Clearing the FOG. Podcast - Clearing The FOG FBI, Free Speech, Legal System, State Repression, Uhuru 3

On July 29, 2022, the FBI raided seven properties connected to the African People's Socialist Party/Uhuru Movement and fabricated charges against three prominent members: Chairman Omali Yeshitela, Jesse Nevel, Chair of the Uhuru Solidarity Movement, and Penny Hess, Chair of the African People’s Solidarity Committee. They are facing up to 15 years in jail for speaking out against the proxy war in Ukraine. Their trial is currently scheduled for September 3. Clearing the FOG spoke with Penny Hess and Leonard Goodman, a criminal defense attorney with the Uhuru Legal Team. Mr. Goodman made the point that if this trial succeeds, political speech may be considered disinformation even if it is true. Learn more about the trial and how to support the Uhuru Three as they put the US government on trial.

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