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EPA reaffirms glyphosate safe for users as court cases grow
Court News | 2019/05/01 15:46
The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.

The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.

The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”

Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.

Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.

Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.

In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.

The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph.


Texas man accused in fatal I-70 pileup appears in court
Court Watch | 2019/04/28 15:44
Court documents say that a speeding semitruck passed a runaway truck ramp before plowing into other vehicles on a crowded highway near Denver, killing four people and injuring at least six others.

The truck driver, 23-year-old Rogel Lazaro Aguilera-Mederos, of Houston, made his first court appearance Saturday after being arrested on suspicion of vehicular homicide.

State District Judge Chris Zenisek set $400,000 bond. Aguilera-Mederos, who suffered minor injuries in the crash, didn't speak during the hearing. He was represented by Denver attorney Robert Corry, who couldn't be reached for comment afterward.

His next court hearing is set for May 3 when prosecutors are expected to file charges against Aguilera-Mederos, who remains in the Jefferson County jail.

The crash happened Thursday on Interstate 70 where the highway descends from the Rocky Mountains.



Kansas court bolsters abortion rights, blocks ban
Headline Legal News | 2019/04/26 15:43
Kansas’ highest court ruled for the first time Friday that the state constitution protects abortion rights and blocked a first-in-the-nation ban on a common second trimester method for ending pregnancies.

The state Supreme Court’s ruling represented a big victory for abortion rights supporters in a state with a Republican-controlled Legislature hostile to their cause. It comes with other, GOP-controlled states moving to ban most abortions in direct challenges to the U.S. Supreme Court’s historic 1973 Roe v. Wade decision legalizing abortions across the nation.

The Kansas decision prevents the state from enforcing a 2015 law that could have greatly limited second trimester abortions. But even worse for abortion opponents, the ruling clears the way for legal challenges to a string of abortion restrictions approved in recent years by state lawmakers under past Republican governors.

The court said vague language protecting “equal and inalienable rights” in the first section of the Kansas Constitution’s Bill of Rights grants a “natural right of personal autonomy” that includes the right to “control one’s own body.” Because that right is independent of the U.S. Constitution, Kansas courts could strike down restrictions that have been upheld by the federal courts.

“This right allows a woman to make her own decisions regarding her body, health, family formation, and family life — decisions that can include whether to continue a pregnancy,” the court’s unsigned majority opinion said.

Justices ruled 6-1 on the language in state constitution. Justice Caleb Stegall, the only appointee of a conservative Republican governor, declared in his dissenting opinion that the ruling “fundamentally alters the structure of our government” to “arbitrarily grant a regulatory reprieve” for abortion.

The ruling immediately prompted abortion opponents to call for amending the state constitution. Democratic Gov. Laura Kelly, who took office in January, is a strong abortion-rights supporter, but the Legislature still has solid anti-abortion majorities.

“The liberal, activist Supreme Court showed just how out of touch they are with Kansas values,” Senate President Susan Wagle, a conservative Wichita Republican, said in a statement issued minutes after the decision. “We understand that life is sacred, beginning at conception, and we must always stand and defend the most vulnerable among us, the unborn.”


Ohio top court to hear arguments in TV news defamation case
Court News | 2019/04/23 09:36
Ohio's Supreme Court will hear arguments Wednesday in an appeal involving a defamation lawsuit that alleged a television station falsely labeled three siblings as "robbers."

A Columbus family sued WBNS-TV in 2016 after the station reported on a hover board robbery at Fort Rapids Indoor Waterpark in Columbus and included a surveillance photo showing the faces of three unnamed individuals. Police had released the photo, asking for the public's help in identifying the three individuals they said may have been involved.

The television's website story was headlined, "Robbers Put Gun to Child's Head and Steal Hoverboard," and underneath was the photo of the three individuals.

Nanita Williams saw the broadcast story and realized it was her three children in the photo, the family's lawsuit said. She took them to a Columbus police station where they told investigators they had gone to the park that day to deliver Thanksgiving dinner to someone who worked there.

Columbus police then issued a second news release saying the three individuals in the surveillance photo weren't the robbery suspects and asked news outlets to stop using the photo. WBNS stopped broadcasting stories about the robbery and removed the photo from its website, but kept the story about the incident online.


Quest for food stamp data lands newspaper at Supreme Court
Court News | 2019/04/22 09:35
In the summer of 2010, reporters at South Dakota’s Argus Leader newspaper decided to request data about the government’s food assistance program, previously known as food stamps. They thought the information could lead to a series of stories and potentially help them identify fraud in the now $65 billion-a-year program.

They sent a stream of what they thought were routine requests for information to Washington.

Government officials eventually sent back some information about the hundreds of thousands of stores nationwide where the food program’s participants could use their benefits. But the government withheld information reporters saw as crucial: how much each store received annually from the program.

Trying to get that data has taken the paper more than eight years and landed it at the Supreme Court, which will hear the case Monday.

Argus Leader news director Cory Myers, who directs a staff of 18 at the Sioux Falls paper, says getting the information is about “knowing how our government is operating” and “knowing what government is doing with our tax money.”

A supermarket trade association opposing the information’s release argues that the information being sought is confidential. The Supreme Court’s decision in the case could be narrow or could significantly affect the interpretation of a law that grants the public access to government records.

The Argus Leader is owned by USA Today publisher Gannett and is the largest newspaper in South Dakota. It wrote about the government’s initial release of information. But Jonathan Ellis, one of the reporters behind the requests, said there’s more to learn if the paper gets what it’s seeking.

Ellis said he would like to write about the companies who profit the most from the Supplemental Nutrition Assistance Program , called SNAP. He would like to analyze how successful efforts to involve farmers’ markets in the program have been. And he is still hoping to use the data to identify stores that seem like outliers, an indication of potential fraud.


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