Topics in Legal News 2013/12/12 13:18
The Supreme Court indicated Tuesday it could breathe new life into a federal rule requiring states to reduce power plant pollution from the South and Midwest that fouls the air in the eastern U.S.
Several justices suggested during a 90-minute argument that they believe the Environmental Protection Agency did not exceed its authority when it issued its cross-state air pollution rule in 2011. A divided federal appeals court panel invalidated the rule last year.
The EPA sought to reduce pollution from power plants in 28 states that drifts above states in the Northeast and Mid-Atlantic regions. Texas led 14 states and industry groups in challenging the rule. Most downwind states support it.
Justice Department lawyer Malcolm Stewart said the EPA is trying to be "an honest broker" between upwind and downwind states.
Sulfur dioxide and nitrogen oxide pollution from power plants can be carried long distances and the pollutants react with other substances to form smog and soot, which have been linked to illnesses. The cross-border pollution has prevented many cities from complying with health-based standards set by law.

Headline Legal News 2013/12/09 13:38
A California court date was pushed back again for a former Las Vegas-area lawmaker jailed since a freeway chase and scuffle with police the day he was expelled last March from the Nevada Assembly.
Prosecutor Shannon Faherty said a Friday court date for Steven Brooks was reset to Jan. 10 in San Bernardino County Superior Court in Victorville at his lawyer's request.
Brooks' defense attorney, Sean O'Connor, didn't immediately respond to a message.
Brooks pleaded not guilty Aug. 6 to felony evasion, obstructing an officer and throwing a substance at a police vehicle charges and misdemeanor harming a police animal.
He's being held at the San Bernardino County Jail on $100,000 bail.
The former North Las Vegas Democrat was expelled from the Legislature March 28 as a security threat.
Topics in Legal News 2013/12/09 13:34
The Netherlands' Supreme Court has upheld rulings that the now-defunct Belgian bank Fortis NV was mismanaged from September 2007 to September 2008, and its then-management board can be held accountable.
Friday's ruling opens the door for investor claims against former CEO Jean-Paul Votron, among others, though not former supervisory Chairman Count Maurice Lippens, whom lower courts found was too far removed from decision making to be held liable.
Fortis, Royal Bank of Scotland and Spain's Santander bought Dutch bank ABN Amro in a hostile takeover in 2007, nominally the largest in banking history.
Fortis agreed to buy ABN's Dutch operations for 24 billion euros in its part of the deal but was unable to finance the buy — which represented around half of its own total size — and eventually spiraled toward bankruptcy. The Dutch state ultimately nationalized all Fortis-ABN operations in the Netherlands in 2008 to avoid a meltdown of the country's financial system. The rescue has cost taxpayers at least 32 billion euros.

Politics 2013/12/05 13:42
The Supreme Court has turned away a Christian university's attempt to overturn a key part of the Obama administration's health care law.
The justices did not comment Monday in leaving in place a federal appeals court ruling dismissing Liberty University's lawsuit.
Liberty made several arguments in challenging the portion of the health care law that requires most employers to provide health insurance to their workers or pay a fine. The 4th U.S. Circuit of Appeals in Richmond, Va., rejected those claims.
The Supreme Court separately is considering whether for-profit corporations can mount religious objections to the law's requirement to include birth control among preventive health benefits.
Headline Legal News 2013/12/05 13:42
A Colorado baker who refused to make a wedding cake for a same-sex ceremony should not be forced to violate his religious beliefs, his attorney told a judge deciding whether the cake-maker should be made to accommodate gay couples. But an attorney representing a gay couple countered Wednesday that the baker's faith doesn't give him a right to discriminate.
At issue in the complaint from David Mullins and Charlie Craig against Masterpiece Cakeshop in suburban Denver is whether religious freedom can protect a business from discrimination allegations from gay couples.
Mullins and Craig wanted to buy a cake last year, but when one of the shop owners, Jack Phillips, found out the cake was to celebrate a gay wedding, he turned the couple of away and cited his religious faith.
"(His) faith, whatever it may have to say about marriage for same-sex couples or the expressive power of a wedding cake, does not give the respondents a license to discriminate," Amanda Goad, an attorney with the American Civil Liberties Union, told an administrative judge in Colorado's Civil Rights Commission.
Phillips' attorney, Nicolle Martin, said her client shouldn't be forced to ignore his Christian faith while running the business he's had for nearly 40 years. She said Phillips feels "privileged to design and create the cakes that celebrate the joyous events of people's lives."

Press Release 2013/12/02 12:37
The Nevada Supreme Court upheld the state's ethics laws on Wednesday while backing the censure of a Sparks councilman for his 2005 vote on a casino project involving his former campaign manager.
In a 5-2 opinion, justices rejected arguments from Sparks Councilman Michael Carrigan that the conflict of interest laws are overly vague and violate constitutional protections of right of association.
Chief Justice Kris Pickering, writing for the majority, said the law serves to ensure that public officers "avoid conflicts between (their) private interests and those of the general public whom (they) serve."
At issue was whether a catch-all phrase in Nevada law extending defined voting prohibitions — such as in matter involving family members, business partners or employers — to any other substantially similar relationship is vague and unconstitutional.
Carrigan was censured by the state Ethics Commission for voting on the Lazy 8 hotel-casino project. Carlos Vasquez, a lobbyist for the project, had served as Carrigan's campaign manager free of charge and placed media ads for the campaign at cost, according to court documents. He also lobbied for the project before the Sparks City Council.
The Lazy 8 was backed by one-time developer and Nevada political powerhouse Harvey Whittemore, who was convicted this year in federal court on felony charges related to illegal campaign contributions made to Senate Majority Leader Harry Reid.
