A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.
The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab." By temporarily freezing the rule the high court's order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.
The court's four liberal justices said they would have denied the request. The plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. Appellate arguments are set to begin June 2. The compliance period starts in 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.
Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that power plants will have to spend billions of dollars to begin complying with a rule that may end up being overturned.
Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.
Thursday, February 11, 2016
Court to weigh cocaine cases, could alter sentencing in Ohio
Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.
The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.
A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.
The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only — not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.
Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.
The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.
A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.
The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only — not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.
Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.
Kansas Supreme Court invalidates school funding law
The Kansas Supreme Court struck down a stopgap law for funding the state's public schools on Thursday, saying it left poor districts $54 million short.
The justices unanimously ruled that the Republican-backed law doesn't comply with the Kansas Constitution and gave lawmakers until the end of June to write a new law. The high court has yet to decide on the larger question of whether Kansas must boost its education spending by at least $548 million a year.
Lawmakers approved the 2015 law as temporary fix to replace a per-student formula for distributing more than $4 billion a year to school in favor of stable "block grants." The law was meant to give lawmakers time to devise another system for distributing more $4 billion a year in aid to its 286 public school districts.
But the Supreme Court ruled that the temporary law, which was set to expire in July 2017, violates the Kansas Constitution's requirement that the state finance a suitable education for every student.
The justices unanimously ruled that the Republican-backed law doesn't comply with the Kansas Constitution and gave lawmakers until the end of June to write a new law. The high court has yet to decide on the larger question of whether Kansas must boost its education spending by at least $548 million a year.
Lawmakers approved the 2015 law as temporary fix to replace a per-student formula for distributing more than $4 billion a year to school in favor of stable "block grants." The law was meant to give lawmakers time to devise another system for distributing more $4 billion a year in aid to its 286 public school districts.
But the Supreme Court ruled that the temporary law, which was set to expire in July 2017, violates the Kansas Constitution's requirement that the state finance a suitable education for every student.
Apeals court tosses order blocking Mississippi executions
An appeals court Wednesday upheld Mississippi's method of lethal injection, rejecting arguments from death row inmates who opposed the state's plan to use drugs not specifically approved by state law.
The 5th Circuit U.S. Court of Appeals ruled that U.S. District Judge Henry T. Wingate ruled incorrectly in August when he issued a preliminary injunction blocking the state from executing prisoners.
The opinion by Circuit Judge Jennifer Walker Elrod rejected arguments by death row prisoners that Mississippi can't execute them because the state no longer will be using the particular class of drugs required by state law. She wrote that if inmates want to pursue such claims, they should do so in state court.
Mississippi law requires a three-drug process, with an "ultra-short-acting barbiturate" followed by a paralyzing agent and a drug that stops an inmate's heart. But Mississippi and other states had increasing difficulty obtaining such drugs after 2010, as manufacturers began refusing to sell it for executions.
The 5th Circuit U.S. Court of Appeals ruled that U.S. District Judge Henry T. Wingate ruled incorrectly in August when he issued a preliminary injunction blocking the state from executing prisoners.
The opinion by Circuit Judge Jennifer Walker Elrod rejected arguments by death row prisoners that Mississippi can't execute them because the state no longer will be using the particular class of drugs required by state law. She wrote that if inmates want to pursue such claims, they should do so in state court.
Mississippi law requires a three-drug process, with an "ultra-short-acting barbiturate" followed by a paralyzing agent and a drug that stops an inmate's heart. But Mississippi and other states had increasing difficulty obtaining such drugs after 2010, as manufacturers began refusing to sell it for executions.
Thursday, December 10, 2015
EU court dismisses Barcelona football trademark case
A European Union court has rejected an attempt by Spanish soccer giant Barcelona to have part of its club crest registered as a European trademark.
Known best for its passing game, Barcelona tried last year to have the outline of its badge registered for use on things like stationery, clothing and sports activities.
The attempt failed so the club went to court.
But the Luxembourg-based EU court dismissed the case on Thursday, saying that "none of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers."
The court added: "In fact, the mark sought will rather tend to be perceived by consumers merely as a shape and will not enable them to distinguish the proprietor's goods or services."
Known best for its passing game, Barcelona tried last year to have the outline of its badge registered for use on things like stationery, clothing and sports activities.
The attempt failed so the club went to court.
But the Luxembourg-based EU court dismissed the case on Thursday, saying that "none of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers."
The court added: "In fact, the mark sought will rather tend to be perceived by consumers merely as a shape and will not enable them to distinguish the proprietor's goods or services."
Sunday, November 22, 2015
Rancher pleads guilty to falsely claiming cattle losses
A South Dakota rancher has pleaded guilty in federal court to falsely claiming he lost more than a hundred cattle during the autumn blizzard of 2013 that left ranchers in the state reeling with financial losses.
Karl Knutson pleaded guilty Friday as part of a deal with prosecutors, the Rapid City Journal reported. The agreement dismisses a felony count of making a false statement, and prosecutors are recommending Knutson be sentenced to probation and fines.
Knutson's indictment said he submitted a claim in May 2014 to the U.S. Department of Agriculture's Farm Service Agency for the loss of 129 head of cattle in the October blizzard, even though the Vale rancher actually lost at most 13.
Court documents say the disaster payment for that claim would have paid out nearly $117,000.
The indictment also says Knutson told the agency in "a handwritten invoice" in August 2014 that he paid $135,350 for 103 head of cattle that he didn't actually buy.
Knutson didn't immediately return a telephone message from The Associated Press requesting comment regarding the plea. The maximum sentence the 27-year-old could face would be five years in prison and a $250,000 fine, followed by three years of supervised release.
The 2013 storm is estimated to have killed more than 50,000 livestock, causing financial problems for ranchers in the western part of the state.
Karl Knutson pleaded guilty Friday as part of a deal with prosecutors, the Rapid City Journal reported. The agreement dismisses a felony count of making a false statement, and prosecutors are recommending Knutson be sentenced to probation and fines.
Knutson's indictment said he submitted a claim in May 2014 to the U.S. Department of Agriculture's Farm Service Agency for the loss of 129 head of cattle in the October blizzard, even though the Vale rancher actually lost at most 13.
Court documents say the disaster payment for that claim would have paid out nearly $117,000.
The indictment also says Knutson told the agency in "a handwritten invoice" in August 2014 that he paid $135,350 for 103 head of cattle that he didn't actually buy.
Knutson didn't immediately return a telephone message from The Associated Press requesting comment regarding the plea. The maximum sentence the 27-year-old could face would be five years in prison and a $250,000 fine, followed by three years of supervised release.
The 2013 storm is estimated to have killed more than 50,000 livestock, causing financial problems for ranchers in the western part of the state.
Detroit-area ex-officer found guilty in videotaped beating
A white, former Detroit-area police officer was found guilty Thursday of assault and misconduct in the bloody beating of a black driver during a traffic stop that was captured on video.
Wayne County jurors handed down the verdict in the case against William Melendez, who was charged in the January beating of Floyd Dent. Police stopped Dent, 58, in the Detroit suburb of Inkster for disregarding a stop sign, and dashcam video from a police vehicle shows Melendez punching him 16 times in the head.
It wasn't until after WDIV-TV aired the footage in March that Melendez was fired. Inkster later agreed to pay $1.4 million to Dent, who suffered broken ribs, blood on his brain and other injuries.
The jurors found Melendez guilty of assault with intent to do great bodily harm and of misconduct in office. They cleared him of a charge of assault by strangulation.
The packed courtroom was largely quiet after the verdict was read, following Judge Vonda Evans' orders to neither "cry out" nor "applaud" out of respect for the jury. Melendez's wife rushed out of the courtroom, invoking Evans' ire and a demand that she return and "sit down."
Evans ordered Melendez to jail pending his Dec. 3 sentencing. Beforehand, defense attorney James Thomas argued that Melendez "is not a danger to the community" and posed "no risk of flight."
Thomas told reporters after the verdict that despite his disappointment, Melendez "remains upbeat" and "resolved." Thomas said he plans to appeal the verdict after sentencing.
Melendez did not testify during the eight-day trial, but his attorney said the officer was justified in the assault because Dent was aggressive and resisting police. Other officers and a criminal justice professor testified that the beating was reasonable because Dent was resisting arrest.
But Vicki Yost, who was chief of police at the time of the beating, said Melendez's actions were unnecessary, based on the video.
Wayne County jurors handed down the verdict in the case against William Melendez, who was charged in the January beating of Floyd Dent. Police stopped Dent, 58, in the Detroit suburb of Inkster for disregarding a stop sign, and dashcam video from a police vehicle shows Melendez punching him 16 times in the head.
It wasn't until after WDIV-TV aired the footage in March that Melendez was fired. Inkster later agreed to pay $1.4 million to Dent, who suffered broken ribs, blood on his brain and other injuries.
The jurors found Melendez guilty of assault with intent to do great bodily harm and of misconduct in office. They cleared him of a charge of assault by strangulation.
The packed courtroom was largely quiet after the verdict was read, following Judge Vonda Evans' orders to neither "cry out" nor "applaud" out of respect for the jury. Melendez's wife rushed out of the courtroom, invoking Evans' ire and a demand that she return and "sit down."
Evans ordered Melendez to jail pending his Dec. 3 sentencing. Beforehand, defense attorney James Thomas argued that Melendez "is not a danger to the community" and posed "no risk of flight."
Thomas told reporters after the verdict that despite his disappointment, Melendez "remains upbeat" and "resolved." Thomas said he plans to appeal the verdict after sentencing.
Melendez did not testify during the eight-day trial, but his attorney said the officer was justified in the assault because Dent was aggressive and resisting police. Other officers and a criminal justice professor testified that the beating was reasonable because Dent was resisting arrest.
But Vicki Yost, who was chief of police at the time of the beating, said Melendez's actions were unnecessary, based on the video.
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