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Chile's top court rules against coal-fired complex
Legal World News | 2014/01/13 14:57
Chile's Supreme Court sided with local fishermen who contend a coal-fired power complex harms ocean life and pollutes their community, but the judges stopped short of ordering a suspension and left it to environmental authorities to decide if operations can continue.

The ruling on the Bocamina complex released Friday was another in a series of blows to big power projects in energy-strapped Chile, where concerns over environmental issues have been rising.

In December, an appeals court halted the 350-megawatt Bocamina II part of the complex owned by Endesa Chile in the southern Bio Bio region, citing harm to fishermen's livelihood.

The 128-megawatt Bocamina I plant was allowed to keep running. But the Supreme Court said the whole complex should shut down unless officials determine the water-cooling system doesn't threaten or hurt marine life.

The company can only operate the Bocamina I and II thermoelectric plants if they don't put harm marine life or put it at risk, the high court said in a ruling made Thursday.

The court ordered Chile's environmental authorities to take all measures required, including "a halt of operations" if needed, until the problem is fixed.

Environmental groups and fishermen say the complex's use of huge amounts of seawater to cool its equipment damages the area.


Court denies execution stay for Fla. killer.
Legal World News | 2014/01/10 15:39
The U.S. Supreme Court has refused to block Tuesday's scheduled execution of an inmate convicted of fatally stabbing a prison guard while already on Florida's death row.

Askari Abdullah Muhammad, previously known as Thomas Knight, was set to die by lethal injection Tuesday evening.

The 62-year-old Muhammad was first condemned to die for the 1974 abduction and killings of Sydney and Lillian Gans, a Miami couple. He was sentenced to die again for killing corrections officer Richard Burke in 1980 using a sharpened spoon.

His execution has been delayed for so long because of numerous appeals and rulings, including a 1987 federal appeals court tossing out his death sentence because he hadn't been allowed to put character and background witnesses on the stand during the penalty phase.


Minnesota Supreme Court Agrees To Hear Assisted Suicide Case
Legal World News | 2013/12/30 14:46
The Minnesota Supreme Court will consider the case of a national right-to-die group accused of playing a role in the 2007 suicide of an Apple Valley woman.

The high court agreed to hear Dakota County prosecutors' appeal of a Minnesota Court of Appeals ruling in September that a state law prohibiting advising or encouraging suicide was unconstitutional on free speech grounds, the Star Tribune reported Friday (http://strib.mn/JhC7zY ). The Appeals Court, however, sent charges of aiding and abetting suicide against the Florida-based group Final Exit Network and two members back to a district court for trial.

The Supreme Court also agreed in an order dated Dec. 17 to hear the cross-appeal of Final Exit Network, which says all of the charges are unconstitutional. The high court did not set a date for oral arguments.

The high court also stayed all proceedings in the Final Exit case pending its ruling in the separate case of William Melchert-Dinkel, of Faribault, an ex-nurse who was convicted in 2011 of "advising and encouraging" the suicides of a man in England and a teenager in Canada. The Court of Appeals upheld his conviction last year. The Supreme Court heard oral arguments in May.

Robert Rivas, an attorney for Final Exit, said the group believes the Appeals Court decision was correct.


Court looks at EPA rule on cross-state pollution
Legal World News | 2013/12/12 13:34
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.


Haiti protest derides Dominican court ruling
Legal World News | 2013/12/09 14:23
Hundreds of protesters gathered Friday to criticize a recent court decision in the Dominican Republic that could strip the citizenship of generations of people of Haitian descent living in the neighboring country.

The crowd peaked at about 2,000 people but thinned out during the march uphill to the Dominican Embassy to protest the decision passed two months ago by that country's court. The demonstrators urged people to boycott travel to the Dominican Republic.

Riot police set up metal barricades on a major thoroughfare that block protesters from reaching the district where the diplomatic mission is located.

The ruling has been met with sharp objection, from Caribbean leaders to the United Nations. On Friday, the Inter-American Commission on Human Rights became the latest international entity to oppose the court decision, calling on the Dominican government to take urgent measures to guarantee the rights of those people affected.

Advocacy groups estimate 200,000 people, many of them of Haitian descent, could lose their Dominican citizenship because of the court ruling. Dominican officials say only about 24,000 would be affected.


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