Friday, December 20, 2013
Pa. court sides with towns in gas drilling fight
The highest court in Pennsylvania, heart of the country's natural gas drilling boom, on Thursday struck down significant portions of a law that limited the power of local governments to determine where the industry can operate _ rules the industry sought from Republican Gov. Tom Corbett and lawmakers.
In a 4-2 decision, the Pennsylvania Supreme Court ruled the industry-friendly rules set out by the 2012 law violated the state constitution, although the majority did not entirely agree on why they were unconstitutional.
Seven municipalities had challenged the law that grew out of the state's need to modernize 20-year-old drilling laws to account for a Marcellus Shale drilling boom made possible by innovations in technology, most notably horizontal drilling and hydraulic fracturing. The process, also called fracking, has drawn widespread criticism from environmentalists and many residents living near drilling operations.
"Few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones," wrote Chief Justice Ron Castille. He said the law's rules represented an unprecedented "displacement of prior planning, and derivative expectations, regarding land use, zoning, and enjoyment of property."
The high court's decision comes at a time when the energy industry is increasingly able to capture oil and gas from previously unreachable formations and, as a result, is bumping up against suburban and urban expectations of land use in states including Texas, Colorado and Ohio, where a similar legal challenge is underway.
The 2012 law restricted local municipalities' ability to control where companies may place rigs, waste pits, pipelines and compressor and processing stations, although the new zoning rules never went into effect because of court order after the towns sued. A narrowly divided lower court struck them down in 2012, but Corbett appealed, saying lawmakers have clear authority to override local zoning.
Wednesday, November 6, 2013
Federal appeals court halts horse slaughterhouses
A federal appeals court on Monday temporarily halted plans by companies in New Mexico and Missouri to begin slaughtering horses, continuing on-again, off-again efforts to resume domestic equine slaughter two years after Congress lifted a ban on the practice.
The 10th U.S. Circuit Court of Appeals in Denver issued a temporary injunction barring the Department of Agriculture from inspecting the plants, which were gearing up to open in the coming days after a federal judge in Albuquerque on Friday dismissed a lawsuit by The Humane Society of the United States. The Humane Society and other animal protection groups alleged the department failed to conduct proper environmental studies when it issued permits to the slaughterhouses.
The Humane Society filed an immediate appeal and won an emergency injunction.
"Horse slaughter is a predatory, inhumane business, and we are pleased to win another round in the courts to block killing of these animals on American soil for export to Italy and Japan," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Meanwhile, we are redoubling our efforts in Congress to secure a permanent ban on the slaughter of our horses throughout North America."
Blair Dunn, who represents Valley Meat Co. of Roswell, N.M., and Rains Natural Meats of Gallatin, Mo., emphasized the order was temporary.
Friday, October 4, 2013
NC court dumps speedway's suit over $80M deal
A North Carolina court says it will not revive a lawsuit from one of the country's largest auto racing track operators which says local officials reneged on millions of dollars in tax breaks for a new drag strip.
A three-judge state Court of Appeals panel ruled Tuesday against Speedway Motorsports Inc. and Charlotte Motor Speedway, which sued Cabarrus County.
The companies had threatened to move the 135,000-seat speedway and build a new drag strip somewhere other than the Charlotte region unless they got the tax breaks. They say they decided to build the drag strip and upgrade the speedway after an oral agreement for $80 million in tax breaks.
The appeals court says there was no binding contract since nothing was put in writing until after the drag strip opened.
Thursday, May 23, 2013
Appeals court allows capital retrial of Wolfe
A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.
Tuesday, April 16, 2013
Court shoots down Yakama tobacco company lawsuit
A federal judge has ruled that a tobacco manufacturer owned by a Yakama Nation tribal member must pay into an escrow account established under a 1998 settlement with big tobacco companies.
The 1998 settlement required big tobacco companies to pay money to 46 states each year to offset public health costs from their products. Smaller companies are required to pay into an escrow account, but that money could be returned eventually if no health claims are made.
King Mountain Tobacco claims it should be exempt from paying into the escrow accounts under the Yakama Nation's 1855 treaty with the federal government. King Mountain is owned by Yakama tribal member Delbert Wheeler.
U.S District Judge Lonny Suko ruled against the company on Friday.
The 1998 settlement required big tobacco companies to pay money to 46 states each year to offset public health costs from their products. Smaller companies are required to pay into an escrow account, but that money could be returned eventually if no health claims are made.
King Mountain Tobacco claims it should be exempt from paying into the escrow accounts under the Yakama Nation's 1855 treaty with the federal government. King Mountain is owned by Yakama tribal member Delbert Wheeler.
U.S District Judge Lonny Suko ruled against the company on Friday.
Tuesday, February 5, 2013
Rosin Steinhagen Mendel - Adoption
Rosin Steinhagen Mendel’s adoption practice includes domestic private-placement / independent adoptions, private agency adoptions, foster care adoptions, interstate adoptions, stepparent and second parent adoptions, adult adoptions, re-adoptions and registration of foreign adoption decrees. Our firm represents birth parents in adoption matters and in custody and guardianship proceedings, and assists in the unsealing of adoption records.
Pre-Certification
Domestic Private-Placement / Independent Adoptions
Domestic Agency Adoptions
Interstate Adoptions
Foster Care Adoptions
Stepparent Adoptions
Second Parent Adoptions
Adult Adoptions
Re-adoptions
Registration of Foreign Adoption Decrees and Name Changes
Birth Parent Representation
Unsealing of Adoption Records
http://www.lawrsm.com/adoption-attorneys
Pre-Certification
Domestic Private-Placement / Independent Adoptions
Domestic Agency Adoptions
Interstate Adoptions
Foster Care Adoptions
Stepparent Adoptions
Second Parent Adoptions
Adult Adoptions
Re-adoptions
Registration of Foreign Adoption Decrees and Name Changes
Birth Parent Representation
Unsealing of Adoption Records
http://www.lawrsm.com/adoption-attorneys
Tuesday, January 8, 2013
BBC broadcaster pleads not guilty on abuse charges
A BBC broadcaster has pleaded not guilty to charges of sexually abusing three girls.
The charges against the well-known 82-year-old sports broadcaster Stuart Hall relate to events alleged to have occurred in the 1970s and 1980s.
Police say the alleged indecent assaults were carried out on girls between the ages of 9 and 16.
Hall said in court Monday that he understood the charges against him and that he was not guilty.
He has been a broadcaster for more than 50 years.
The charges against the well-known 82-year-old sports broadcaster Stuart Hall relate to events alleged to have occurred in the 1970s and 1980s.
Police say the alleged indecent assaults were carried out on girls between the ages of 9 and 16.
Hall said in court Monday that he understood the charges against him and that he was not guilty.
He has been a broadcaster for more than 50 years.
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