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Colorado Supreme Court hears high-stakes oil and gas lawsuit
Court Watch | 2018/10/14 09:41
An attorney for six young people who want the state to impose tougher safeguards on the energy industry told the Colorado Supreme Court on Tuesday that the law requires regulators to protect public health from the hazards of drilling.

A lawyer for the state countered that regulators acted properly when they rejected a request for stronger health protections on the grounds that they did not have the authority to impose them.

The justices heard oral arguments in the high-stakes case but did not say when they would rule.

The case revolves around how much weight energy regulators should give public health and the environment — a contentious issue in Colorado, where cities often overlap lucrative oil and gas fields and drilling rigs sit within sight of homes and schools.

The six young plaintiffs in the case asked the Colorado Oil and Gas Commission, which regulates the industry, to enact a rule that would require energy companies to show they would not harm human health or the environment before regulators issued a drilling permit.

The commission responded that it did not have that authority. Commission members said Colorado law required them to balance public safety with responsible oil and gas production.

Colorado Solicitor General Frederick R. Yarger, representing the attorney general's office, told the Supreme Court that the commission correctly interpreted state law to mean it must consider other factors in addition to public health.



Manhattan DA drops part of Weinstein case
Court Watch | 2018/10/11 10:15
Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.

The development was announced in court Thursday with Weinstein looking on.

The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.

In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.

Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.

“In short, your honor, we are moving full steam ahead,” she said.

Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.



The Latest: 6 countries seek criminal probe of Venezuela
Court Watch | 2018/09/25 06:13
Six countries from the Americas say they are asking the International Criminal Court to investigate Venezuela's government for alleged crimes against humanity. It's the first time that member countries have referred another country to the Netherlands-based U.N. court.

Argentina, Peru, Colombia, Chile, Paraguay and Canada made the announcement on the sidelines of the U.N. General Assembly meeting.

The court has already opened a preliminary investigation into allegations that since April 2017 Venezuelan government forces "frequently used excessive force to disperse and put down demonstrations," and abused some opposition members in detention.

Wednesday's move could broaden the scope of the existing preliminary probe. The countries accuse Venezuela of several crimes including murder, torture and unjust imprisonment.

U.S. Secretary of State Mike Pompeo says his meeting with North Korean Foreign Minister Ri Yong Ho was "very positive."

Pompeo made the comment on Twitter on Wednesday after meeting with Ri at the U.N. General Assembly. The meeting comes as U.S. President Donald Trump and North Korean leader Kim Jong Un work to set up a widely expected second summit to restart stalled diplomacy meant to rid the North of its nuclear weapons.

Pompeo said that "much work remains, but we will continue to move forward."

Kim made denuclearization vows last week in a summit with the South Korean president in Pyongyang, but there's still skepticism over his sincerity to relinquish weapons that many believe are the only major guarantee of his continued authoritarian rule.


The Latest: Bolton says international court 'dead to us'
Court Watch | 2018/09/10 14:28
The United States is pledging to use "any means necessary" to protect American citizens and allies from International Criminal Court prosecution.

President Donald Trump's national security adviser, John Bolton, says the court is "illegitimate" and "for all intents and purposes, the ICC is already dead to us."

Bolton delivered his remarks Monday to the conservative Federalist Society in Washington. He says that the court threatens the "constitutional rights" of Americans and U.S. sovereignty.

The ICC, which is based in the Hague, has a mandate to prosecute war crimes, crimes against humanity and genocide.

President Bill Clinton signed the Rome Statute that established the court, but his successor, George W. Bush, renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.

The State Department is announcing the closure of the Palestine Liberation Organization office in Washington.

The department says that the PLO "has not taken steps to advance the start of direct and meaningful negotiations with Israel."

It accuses the Palestinian leadership of condemning a yet-to-be-released Trump administration plan to forge peace between Israel and the Palestinians. It also contends that the PLO is refusing to engage with the U.S. government on peace efforts.

In its statement Monday, the department says its decision is also consistent with administration and congressional concerns with Palestinian attempts to prompt an investigation of Israel by the International Criminal Court.


Kentucky Attorney General files pension brief with top court
Court Watch | 2018/09/08 14:29
Kentucky Democratic Attorney General Andy Beshear has filed a brief with the state Supreme Court about why he thinks a law changing the public pension system is unconstitutional.

The state legislature passed SB 151 in April. It would require all new teacher hires to be moved into a hybrid pension system. It would also restrict how teachers use sick days to calculate their retirement benefits.

The bill was unpopular with public workers. Beshear, who is running for governor in 2019, sued to block the bill. He says lawmakers did not follow the state Constitution when they passed the bill too quickly.

Republican Gov. Matt Bevin says the law does not violate the state Constitution. The court is scheduled to hear the case on Sept. 20.


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