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Hawaii Supreme Court affirms Maui solar telescope permit
Legal News |
2016/10/08 05:30
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Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.
The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.
Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.
"We only have one alternative now," she said. "We have to continue to protest in other ways."
They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.
The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.
State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.
"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."
Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.
"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.
External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty M |
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Oklahoma Supreme Court invalidates law restricting abortion
Attorney News |
2016/10/04 19:19
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The Oklahoma Supreme Court has thrown out another state law that would put new restrictions on abortion providers.
In a unanimous opinion handed down Tuesday, all nine justices agreed that the statute adopted by the Legislature last year "contains different and unrelated purposes" in violation of the Oklahoma constitution's requirement that legislation cover a single subject.
The law encompasses four abortion-related topics: minors and parental consent; tissue preservation; inspection of clinics; and legal liability for abortion providers.
The New York-based Center for Reproductive Rights challenged the law and the state's highest court subsequently blocked it from going into effect. The center sued on behalf of Dr. Larry Burns of Norman, who performs nearly half of Oklahoma's abortions. |
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Supreme Court rejects Whitey Bulger appeal
Court Line |
2016/10/04 18:19
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The Supreme Court has turned away James "Whitey" Bulger's appeal of his racketeering convictions and life sentence.
The justices did not comment Monday in leaving in place Bulger's convictions for playing a role in 11 murders and many other crimes.
The 87-year-old Bulger was a fugitive for 17 years until his arrest in 2011. A jury convicted him in 2013.
Bulger argued that the judge at his trial should have let him tell the jury that a now-dead federal prosecutor had granted him immunity from prosecution. The judge said Bulger hadn't offered hard evidence that such an agreement existed.
Bulger also contended that federal prosecutors failed to disclose "promises, rewards and inducements" made to John Martorano, a hit man who testified against the Boston gangster at his trial.
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Appeals court rules against Kansas in voting rights case
Court Watch |
2016/10/02 19:35
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Thousands of prospective voters in Kansas who did not provide citizenship documents will be able to vote in the November election under a federal appeals court ruling late Friday that upheld a judge's order.
The decision from the U.S. 10th Circuit Court of Appeals affirms lower court's May order forcing Kansas to register more than 20,000 voters, a number that is expected to swell to 50,000 by the time of the November elections. It noted that the preliminary injunction serves the public interest.
The 10th Circuit ruled "no constitutional doubt arises" that federal law prohibits Kansas from requiring citizenship documents from people who register to vote at motor vehicle office. It added that its reasoning would be more fully explained in a forthcoming order.
The court had previously refused to issue an emergency stay of U.S. District Judge Julie Robinson's order, and this latest comes after a three-judge panel heard oral arguments last month in the case.
Its decision is the latest setback for Kansas Secretary of State Kris Kobach. It comes just a day after the Kansas Republican avoided contempt proceedings by striking a deal with the American Civil Liberties Union to fully register and clearly inform affected voters that they could vote in the November election.
Kobach did not immediately return a cell phone message seeking comment, but his spokeswoman said his office would issue a statement later. |
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Appeals court upholds order against Pence on Syrian refugees
Attorney News |
2016/10/02 19:19
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A federal appeals court has upheld a lower court's order blocking Indiana Gov. Mike Pence from barring state agencies from helping Syrian refugees resettle in the state.
A three-judge panel for the 7th U.S. Circuit Court of Appeals in Chicago on Monday agreed with an injunction a federal judge issued in February. The judge found Pence's directive "clearly discriminates" against refugees from the war-torn nation.
The appeals court says federal law doesn't allow a governor "to deport to other states immigrants he deems dangerous."
Donald Trump's running mate, Pence, was among dozens of governors from mostly Republican states who tried to block Syrian refugees after the Paris terror attacks last November.
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