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Court OKs massive development north of Los Angeles
Legal Focuses | 2014/03/24 19:19

A California court has cleared the way for a massive housing development in the Santa Clarita Valley.

The Los Angeles Times reports Thursday's decision by the 2nd District Court of Appeal restores a permit issued by the Department of Fish and Wildlife that granted the Newhall Land and Farming Co. permission to alter the Santa Clara River as part of construction.

The court found that an environmental report adequately analyzed the project's potential impact on endangered fauna and flora and Native American cultural artifacts.

The newspaper says the ruling does not end the legal challenges. Jason Weiner, an attorney with the nonprofit Wishtoyo Foundation, says an appeal to the California Supreme Court is likely.

The Newhall Ranch project includes a planned community of 60,000 residents about 35 miles north of Los Angeles.


Court: Tenn. Must Recognize 3 Same-Sex Marriages
Legal Focuses | 2014/03/17 20:45

A federal judge ordered the state of Tennessee on Friday to recognize the marriages of three same-sex couples while their lawsuit against the state works its way through the court system.

U.S. District Judge Aleta Trauger issued the preliminary injunction barring the state from enforcing laws prohibiting recognition of their marriages.

In her written memorandum, Trauger makes clear that her order is only temporary and only applies to the three same-sex couples. A preliminary injunction can only be granted in cases the judge believes the plaintiff will likely win.

"It's the first nail in the coffin of discriminating against same-sex married couples in Tennessee," said Abby Rubenfeld, one of the attorneys for the same-sex couples. "Every single court that has considered these same issues has ruled the same way."

A spokesman for Tennessee Gov. Bill Haslam said in an email that Trauger's decision is still being reviewed by officials.

"The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue," David Smith said. "Beyond that it's inappropriate to comment due to the continuing litigation."

In Tennessee, marriage between partners of the same gender is prohibited by state law and by a constitutional amendment approved in 2006.


Two men found guilty for selling U.S. company’s technology
Legal Focuses | 2014/03/07 22:55

A federal jury found two men guilty Wednesday of economic espionage involving the theft and sale of a U.S. company’s technology to a competitor controlled by the Chinese government.

The jury returned the verdicts against Robert Maegerle and Walter Liew.

They were accused of stealing Delaware-based DuPont Co.’s method for making titanium oxide, a chemical that fetches $17 billion a year in sales worldwide and is used to whiten everything from cars to the middle of Oreo cookies.

A federal jury found two men guilty Wednesday of economic espionage involving the theft and sale of a U.S. company’s technology to a competitor controlled by the Chinese government.

Prosecutors said DuPont was unwilling to sell its method to China, so it was stolen and sent to a company called Pangang Group Co. Ltd., according to testimony during the diplomatically dicey proceedings. The jury heard six weeks of testimony.

Prosecutors alleged that Pangang’s factory is the only facility inside China known to be producing titanium oxide the DuPont way, which uses chlorination.


Court upholds $185 million award against Argentina
Legal Focuses | 2014/03/07 22:54

The Supreme Court has upheld a British natural gas company's multimillion dollar award against the government of Argentina.

BG Group won $185 million through arbitration of a dispute with Argentina over investment in natural gas development. An arbitration tribunal said the company did not have to first submit the dispute to Argentine courts before arbitration could begin.

Argentina asked a U.S. court to throw out the award. The federal appeals court in Washington, D.C., sided with Argentina because it found that judges, not arbitrators, should decide where attempts to resolve the dispute should begin.

But the Supreme Court said Wednesday the arbitrators get to make that call and that they were correct to rule in favor of BG Group in this case.


Supreme Court affirms pipeline value decision
Legal Focuses | 2014/02/20 22:05

The Alaska Supreme Court on Wednesday handed Alaska municipalities a victory in a dispute over the value of the trans-Alaska pipeline, affirming that the structure for 2006 should have been valued at nearly $10 billion, not the $850 million claimed by pipeline owners.

The justices backed a Superior Court ruling that based the value of the pipeline on replacement costs, not fees paid to the owners for use of the pipeline.

The higher value means more tax revenue for municipalities through which the pipeline runs, especially the North Slope Borough, the Fairbanks North Star Borough and the city of Valdez, the parties in the lawsuit. The municipalities have long argued that pipeline owners have undervalued the 800-mile pipeline and tanker-loading facilities in Valdez.

"I've got a smile on my face today," Fairbanks North Star Borough Mayor Luke Hopkins said. "The Supreme Court validated what our position has been all along."

State Rep. Dave Guttenberg, D-Fairbanks, in a prepared statement praised the municipalities for seeking additional revenue and faulted the state for not intervening.


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