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Court sides with EPA on not setting new standard
Court Line News | 2014/05/27 14:08

A federal appeals court ruled Tuesday that the Environmental Protection Agency was justified in not establishing a new air quality standard for acid rain.

The EPA decided in 2012 after a lengthy rulemaking proceeding that it needed further scientific study before it could set a new air quality standard for oxides of nitrogen and oxides of sulfur.

Environmental groups claimed that EPA's failure to issue a new multi-pollutant rule violated the Clean Air Act.

In a 3-0 decision, the U.S. Court of Appeals for the District of Columbia Circuit said it was turning aside the environmental groups' petition for judicial review because the EPA could not form a reasoned judgment as the Clean Air Act requires.

"EPA did not simply leave in place the old standard," said appeals judge A. William Randolph. "Although it did not promulgate a new standard, it identified the data gaps that prevented it from doing so and initiated a data-collection program designed precisely to fill those gaps and facilitate future regulation."

Once EPA found that the two current standards were inadequate with respect to acid rain, the agency sought to determine what new multi-pollutant standard would be appropriate, the judges said. EPA recognized that a new national ambient air quality standard would necessarily be more complex than those set historically for just one pollutant, the court wrote.


Federal court upholds California water transfer
Court Line News | 2014/05/20 11:57
A federal appeals court says environmental reviews were properly done on the nation's largest farm-to-city water transfer, the latest ruling to uphold a 2003 agreement on how California agencies divide that state's share of Colorado River water.

A three- judge panel of the 9th U.S. Circuit Court of Appeals ruled Monday that federal authorities properly considered how the transfer from Imperial County to San Diego would affect the Salton Sea, California's largest lake. The shrinking lake relies on water runoff from Imperial Valley farms.

The ruling upholds a decision by U.S. District Judge Anthony Battaglia in San Diego. Imperial County and the Imperial County Air Pollution Control sued in 2009, alleging violations of the National Environmental Policy Act.


Court orders Turkey to pay Cyprus over invasion
Court Line News | 2014/05/13 12:03

Europe's top human rights court on Monday ordered Turkey to pay 90 million euros ($123 million) to Cyprus over the 1974 invasion of the island and its subsequent division, in one of the largest judgments in its history.

The decision from the European Court of Human Rights said the passage of time did not erase responsibility in the case, ruling that Turkey must pay 30 million euros in damages to relatives of those missing in the operations and 60 million euros in damages for "the enclaved Greek-Cypriot residents of the Karpas peninsula."

Cyprus has been divided since Turkey invaded after a coup by supporters of union with Greece. Only Turkey recognizes the breakaway Turkish Cypriot state that was proclaimed in the north of the island.

The judgment comes as the Turkish and Greek Cypriot communities are engaged in a new effort to reunite the island.

The court said it would be up to the government of Cyprus to determine how to award the damages.



High court to hear dispute about TV over Internet
Court Line News | 2014/04/21 13:42
Thirty years ago, big media companies failed to convince the Supreme Court of the threat posed by home video recordings.

Now they're back — and trying to rein in a different innovation that they say threatens their financial well-being.

The battle has moved out of viewers' living rooms, where people once marveled at their ability to pop a cassette into a recorder and capture their favorite programs or the sporting event they wouldn't be home to see.

The new legal fight shifts to the Supreme Court Tuesday with arguments against a startup business using Internet-based technology to give subscribers the ability to watch programs anywhere they can take portable devices.

Aereo takes free television signals from the airwaves and sends them over the Internet to paying subscribers in 11 cities.


India's top court recognizes third gender category
Court Line News | 2014/04/15 13:59
India's top court on Tuesday issued a landmark verdict recognizing transgender rights as human rights, saying people can identify themselves as a third gender on official documents.

The Supreme Court directed the federal and state governments to include transgendered people in all welfare programs for the poor, including education, health care and jobs to help them overcome social and economic challenges. Previously, transgendered Indians could only identify themselves as male or female in all official documents.

The decision was praised as giving relief to the estimated 3 million Indians who are transgender.

The court noted that it was the right of every human being to choose their gender while granting rights to those who identify themselves as neither male nor female.

"All documents will now have a third category marked 'transgender.' This verdict has come as a great relief for all of us. Today I am proud to be an Indian," said Laxmi Narayan Tripathi, a transgender activist who, along with a legal agency, had petitioned the court.

The court's decision would apply to individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way that does not correspond with their sex at birth.

"The spirit of the (Indian) Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender," the court said in its order.

The Supreme Court specified its ruling would only apply to transgender people but not to gays, lesbians or bisexuals. India's LGBT communities have been protesting the court's recent decision to reinstate a colonial-era law banning gay sex, which they say will make them vulnerable to police harassment.

The court also ordered the government to put in place public awareness campaigns to lessen the social stigma against transgender people.


Man pleads guilty to stealing from farmers market
Court Line News | 2014/03/17 14:12
Prosecutors say a former Glendale city councilman has pleaded guilty to stealing nearly $305,000 from a farmers market.

The Los Angeles County district attorney's office says 55-year-old John Drayman entered a plea Wednesday to felony charges of embezzlement, filing a false tax return and perjury.

While serving as the director of the Montrose farmers market, Drayman was accused of collecting proceeds from the weekly event and skimming thousands of dollars before turning the money over to the market's treasurer.

Drayman was indicted in 2012 on 28 counts dating from 2004 to 2011. The remaining 25 counts will be dismissed when he is sentenced April 7.

He is expected to be sentenced to a year in jail and ordered to pay $304,853 in restitution and $14,016 to the state tax board.


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