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Duke Energy will be in federal court for coal ash crimes
Legal News |
2015/05/13 18:10
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As the nation's largest electricity company prepares to plead guilty to violating the federal Clean Water Act, Duke Energy has started delivering bottled water to people with tainted wells close to its North Carolina coal ash pits.
Duke has long denied its 32 dumps in the state have contaminated the drinking water of its neighbors, suggesting any worrying chemicals found in the wells is likely naturally occurring.
But recent state-mandated tests found that more than 150 residential wells tested near Duke's dumps have failed to meet state groundwater standards, and residents have been advised not to use their water for drinking or cooking.
Many of the results showed troublesome levels of toxic heavy metals like vanadium and hexavalent chromium — both of which can be contained in coal ash. And some of the residents have retained lawyers.
Duke spokeswoman Erin Culbert told The Associated Press that any homeowner who gets a state letter warning of a tainted well will get safe bottled water from Duke, if they request it.
While denying responsibly for the problem, Culbert said Duke simply wants to provide the homeowners "peace of mind."
Duke is scheduled to plead guilty Thursday to nine environmental crimes as part of a negotiated settlement with federal prosecutors requiring it to pay $102 million in fines and restitution. The proposed settlement over years of illegal pollution leaking from ash dumps at five of Duke's plants has been sealed, so it wasn't clear before the hearing whether people with contaminated well water will benefit. |
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Arizona sheriff shifts blame over disobeying court order
Court Watch |
2015/04/23 21:46
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The normally defiant sheriff for metro Phoenix responded meekly and shifted blame Wednesday as he was questioned in court about why he violated a judge's orders to stop carrying out his signature immigration patrols.
Maricopa County Sheriff Joe Arpaio said he accepts responsibility for disobeying the 2011 order, but he repeatedly added that he delegated the enforcement of the injunction to his lawyers and staff. He was asked whether he remember getting an attorney's opinion on carrying the order's key section.
"Not that I can recall," said Arpaio.
The sheriff could face fines if he's found in contempt of court for his acknowledged violations of the injunction and two other orders issued in a racial-profiling case that Arpaio eventually lost. Rank-and-file officers who were never told about the injunction violated the order for about 18 months.
The sheriff also has accepted responsibility for his agency's failure to turn over traffic-stop videos in the profiling case and bungling a plan to gather such recordings from officers once some videos were discovered.
Arpaio made the acknowledgments in an unsuccessful bid to get the hearing called off. The contempt hearing marks the boldest attempt to hold the sheriff personally responsible for his actions.
His voice wasn't booming in court as it often is before TV cameras. Instead, he was hoarse, looked tired and often answered questions by saying he didn't recall. Arpaio's attorney hasn't yet had a chance to question him in court.
The sheriff, whose testimony is scheduled to resume Thursday, was questioned about a former supervisor on his smuggling squad who said Arpaio ordered him to violate the 2010 order.
A day earlier, Sgt. Brett Palmer had described a tense encounter with Arpaio about a month after the 2011 order was issued in which federal immigration authorities refused to accept immigrants who hadn't committed a violation of state law. Palmer said he planned to bring the immigrants to another federal immigration agency, but he was ordered to first call Arpaio, who ordered him not to release them. Palmer said the sheriff eventually backed down. |
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California court ruling could limit drought fighting tools
Attorney News |
2015/04/23 21:45
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In a ruling that Gov. Jerry Brown says puts a "straitjacket" on local governments trying to fight the severe statewide drought, an appeals court has found that an Orange County city's tiered water rates are unconstitutional.
The ruling by the 4th District Court of Appeal on Monday against the city of San Juan Capistrano potentially deals a blow to agencies statewide that have used the pricing structure to encourage water conservation.
"The practical effect of the court's decision is to put a straitjacket on local government at a time when maximum flexibility is needed," Brown said in a statement after Monday's ruling. "My policy is and will continue to be: employ every method possible to ensure water is conserved across California."
The 3-0 ruling upholds a Superior Court judge's decision that found that charging bigger water users incrementally higher rates violates a voter-approved law that prohibits government agencies from charging more than the cost of a service.
It comes shortly after Brown issued drought orders that call for rates that encourage people to save water, including tiered pricing. About two-thirds of water districts in the state use some form of tiered pricing, and the ruling was being closely watched to see how it might apply beyond the appellate court, which is only binding in Orange County. |
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Man run over by Suge Knight says he punched ex-rap mogul
Court Line |
2015/04/15 18:35
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A man who Marion "Suge" Knight ran over told authorities he was upset with the former rap music mogul and punched him through the window of the truck before a deadly encounter that left his friend dead.
Cle "Bone" Sloan testified Monday about the day he and friend Terry Carter were hit by a pickup truck driven by Knight, the co-founder of Death Row Records.
But Sloan refused to identify Knight as the man behind the wheel when he was struck outside a Compton burger stand on Jan. 29. He said he didn't remember specifics of the fight and does not want to be a "snitch."
"I will not be used to send Suge Knight to prison," Sloan, an adviser on the upcoming film "Straight Outta Compton," said, adding that he was only on the stand because he was subpoenaed.
Sloan's testimony was offered during a preliminary hearing Monday during which a judge will determine whether there's enough evidence for Knight to stand trial on murder, attempted murder, and hit-and-run charges. Authorities contend Knight intentionally hit Sloan and Carter. But Knight's attorney Matt Fletcher says his client was ambushed and was trying to escape an attack when he hit the men. |
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Retired Army Colonel Pleads Guilty to Breaking Law in Job Hunt
Attorney News |
2015/04/15 18:35
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A retired Army colonel pleaded guilty to negotiating his post-military employment with a helicopter company that did business with the Defense Department office he ran while still in uniform, according to court records filed Tuesday by U.S. government attorneys.
The former officer, Norbert Vergez, caused the terms of a contract to be adjusted so that the company would be paid faster, said a plea agreement detailing the charges. Vergez also failed to disclose on his ethics form that he had received a $30,000 check from a second company for relocation expenses. Officers of Vergez's seniority are typically allowed to be reimbursed by Defense Department for their final moving expenses.
The companies are not named in the records, which were filed in U.S. District Court in Alabama. But the documents describe MD Helicopters in Mesa, Arizona, and Patriarch Partners, a private equity firm in New York. Both companies are owned by Wall Street executive Lynn Tilton.
Vergez, 49, went to work for Tilton three months after retiring from military service in November 2012. Attorneys for Vergez did not respond to a request for comment.
The Associated Press reported in March 2014 that Vergez and Tilton were in unusually close contact for more than a year before he retired.
In an emailed statement, Patriarch Partners said it and MD Helicopters cooperated fully with the government's investigation. "Mr. Vergez's plea agreement does not contain any allegations of improper conduct by MD Helicopters, Patriarch Partners, or any of its personnel," according to the statement. |
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