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Pipeline company found guilty in 2015 California oil spill
Attorney News |
2018/09/07 12:18
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A pipeline company was convicted of nine criminal charges Friday for causing the worst California coastal spill in 25 years, a disaster that blackened popular beaches for miles, killed wildlife and hurt tourism and fishing.
A Santa Barbara County jury found Houston-based Plains All American Pipeline guilty of a felony count of failing to properly maintain its pipeline and eight misdemeanor charges, including killing marine mammals and protected sea birds.
California Attorney General Xavier Becerra said in a statement that Plains’ actions were not only reckless and irresponsible but also criminal.
“Today’s verdict should send a message: if you endanger our environment and wildlife, we will hold you accountable,” he said.
Plains said in a statement that the jury didn’t find any knowing misconduct by the company and “accepts full responsibility for the impact of the accident.”
“We are committed to doing the right thing,” the company said.
The company said its operation of the pipeline met or exceeded legal and industry standards, and believes the jury erred in its verdict on one count where California law allowed a conviction under a standard of negligence.
“We intend to fully evaluate and consider all of our legal options with respect to the trial and resulting jury decision,” Plains said.
The company is set to be sentenced on Dec. 13. Because it’s a company, and not a person, Plains only faces fines, though it’s unclear how steep the penalties could be.
Plains had faced a total of 15 charges for the rupture of a corroded pipeline that sent at least 123,000 gallons (465,000 liters) of crude oil gushing onto Refugio State Beach in Santa Barbara County, northwest of Los Angeles. |
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Court: Cities can't prosecute people for sleeping on streets
Attorney News |
2018/09/05 23:55
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Cities can't prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday.
The 9th U.S. Circuit Court of Appeals sided with six homeless people from Boise, Idaho, who sued the city in 2009 over a local ordinance that banned sleeping in public spaces. The ruling could affect several other cities across the U.S. West that have similar laws.
It comes as many places across the West Coast are struggling with homelessness brought on by rising housing costs and income inequality.
When the Boise lawsuit was filed, attorneys for the homeless residents said as many as 4,500 people didn't have a place to sleep in Idaho's capital city and homeless shelters only had about 700 available beds or mats. The case bounced back and forth in the courts for years, and Boise modified its rules in 2014 to say homeless people couldn't be prosecuted for sleeping outside when shelters were full.
But that didn't solve the problem, the attorneys said, because Boise's shelters limit the number of days that homeless residents can stay. Two of the city's three shelters also require some form of religious participation for some programs, making those shelters unsuitable for people with different beliefs, the homeless residents said.
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Kavanaugh's support for surveilling Americans raises concern
Attorney News |
2018/08/27 10:40
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Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.
It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.
Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.
But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.
Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."
Sen. Rob Portman, R-Ohio, calls Kavanaugh "incredibly well-qualified." The former U.S. trade representative and White House budget director knows Kavanaugh from their time together in the Bush administration. He said Kavanaugh "believes strongly in the Constitution" and the Bill of Rights.
"I think he's in the mainstream with regard to these issues, and frankly, I don't think it's a difference with any meaning between where he is and where the court is currently," Portman said.
Democrats facing an uphill battle in blocking Kavanaugh's nomination have focused less on his judicial counterterrorism record than whether he misled senators about his role in Bush policies while testifying in 2006 confirmation hearings.
Illinois Sen. Dick Durbin and Vermont Sen. Pat Leahy are among Democrats who want to see more records from Kavanaugh's White House days, saying news media accounts after he was seated on the U.S. Court of Appeals for the District of Columbia raised new questions. White House spokesman Raj Shah said Durbin has been doing the misleading by taking Kavanaugh's answers out of context. |
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Man admits slaying wife, blames her for daughters' deaths
Attorney News |
2018/08/19 00:56
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The father of two young girls found submerged in oil tanks after being missing for days told authorities his pregnant wife killed the children after learning he wanted a separation, and that he erupted in rage after witnessing the killings and strangled their mother inside the family's suburban Denver home, according to court documents.
Days after letting police inside his home so they could help find his missing family, Christopher Watts told investigators "he would tell the truth."
Watts first asked to speak with his father then admitted to killing his wife, Shanann. Watts told police in court papers released Monday that he killed her after witnessing her strangling one of the girls on a baby monitor. The other child had already been killed by the woman, he said.
Watts, 33, faces three first-degree murder charges, two counts of murdering a child under 12, one count of unlawful termination of a pregnancy and three counts of tampering with a deceased human body. He is scheduled to appear in court on Tuesday and is being held without bail.
District Attorney Michael Rourke declined to answer questions about the case Monday but said his office has three prosecutors working on it. Rourke also said it was too early to discuss whether he will seek the death penalty.
Police first visited the family's house on Aug. 13, after a friend asked officers to check on Shanann Watts. She had missed a doctor's appointment and wasn't answering calls or text messages hours after returning home after a business trip, the friend reported.
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State Supreme Court returns stalking case to lower court
Attorney News |
2018/07/22 23:57
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The South Dakota Supreme Court says a judge did not adequately explain why a Rapid City woman's Facebook complaints against her neighbor constituted stalking.
The Rapid City Journal reports that a judge in 2016 granted Sarah Thompson's request for a protection order against Wambli Bear Runner over Bear Runner's frequent antagonistic updates against Thompson. The two women had been dating the same man.
One of the posts read, "I'll forever be watching #your enemy unless I get an apology!"
The high court ruled that the circuit court did not show why Bear Runner's comments qualified as stalking. The case has been returned to the lower court.
South Dakota's law against stalking notes harassment can come through verbal, digital, electronic or even telegraphic communication. |
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