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West Virginia House speaker resigns to run for Supreme Court
Court News | 2018/08/25 10:39
West Virginia's Republican House speaker resigned Tuesday to run for a vacancy on the state Supreme Court, fueling accusations by Democrats that an unprecedented move to impeach state Supreme Court justices represents a power grab by GOP lawmakers.

Speaker Tim Armstead disclosed his plans on Twitter. Though the secretary of state's office has said he's not required to resign, Armstead said he was doing so to make sure his candidacy is above question.

House lawmakers recently impeached four of the court's five justices, prompting one to resign. All four were ordered Tuesday to appear in the Senate on Sept. 11 to answer accusations against them. The impeachment probe was sparked by questions involving more than $3 million in renovations to the justices' offices and expanded to broader accusations of corruption, incompetence and neglect of duty.

Armstead had recused himself from the House debate over impeachment because he had previously expressed interest in serving on the court. More recently, he and U.S. Rep. Evan Jenkins, a Republican who is not seeking re-election and lost in his bid for the U.S. Senate this spring, both applied to be considered for temporary appointments to the Supreme Court by Gov. Jim Justice. Those appointments would last until the November election is certified.

Jenkins has declared himself a candidate for a different seat on the court in the November election, which is officially nonpartisan.


Trump lashes out at his former lawyer after guilty plea
Court News | 2018/08/24 10:39
Facing a growing threat to his presidency, President Donald Trump lashed at his former personal lawyer Michael Cohen, a day after the onetime "fixer" implicated Trump in a campaign cover-up to buy the silence of women who said they had sexual relationships with him.

Trump on Wednesday accused Cohen of making up "stories in order to get a 'deal'" from federal prosecutors. Cohen pleaded guilty to campaign finance violations that the lawyer said he carried out in coordination with Trump.

"If anyone is looking for a good lawyer, I would strongly suggest that you don't retain the services of Michael Cohen!" Trump tweeted Wednesday.

Cohen's lawyer, Lanny Davis, said Wednesday that Cohen has information "that would be of interest" to the special counsel. Davis said Cohen is not looking for a presidential pardon.

"My observation is that the topics relating to hacking and the crime of hacking ... that there are subjects that Michael Cohen could address that would be of interest to the special counsel," Davis said in a series of television interviews.

Trump soon weighed in on Twitter, taking his shot at Cohen and praising Manafort, saying he has "such respect for a brave man!"

Manafort, Trump wrote, had "tremendous pressure on him and, unlike Michael Cohen, he refused to 'break.'"

But there was no doubt that Cohen's acknowledgement of a coordinated payoff scheme puts Trump's presidency on the defensive.

"It's going to be hard for the president to try to discredit all this. It's circling him," said David Weinstein, a former federal prosecutor who is not involved in the case.

Cohen and Manafort played prominent roles in Trump's political rise in 2016.

Cohen said once he'd take a bullet for Trump, and was intimately familiar with Trump's personal, business and political dealing for more than a decade. Cohen released a secretly recorded audio of Trump discussing a payout made via a third party to model Karen McDougal who says she had a sexual relationship with Trump in 2006.


Court: EPA violated law on harmful pesticide, orders ban
Court News | 2018/08/12 23:36
A federal appeals court says the Trump administration endangered public health by keeping the top-selling pesticide chlorpyrifos on the market despite extensive scientific evidence that even tiny levels of exposure can harm babies' brains.

The 9th U.S. Circuit Court of Appeals in San Francisco ordered the Environmental Protection Agency to remove chlorpyrifos from sale in the United States within 60 days.

A coalition of farmworkers and environmental groups sued last year after then-EPA chief Scott Pruitt reversed an Obama-era effort to ban chlorpyrifos, which is widely sprayed on citrus fruits, apples and other crops.

In a split decision, the court said EPA violated federal law by ignoring the conclusions of agency scientists that chlorpyrifos is harmful. The pesticide is sold by Dow Agro Sciences and others.


Court, regulators clash over uranium project in South Dakota
Court News | 2018/08/11 23:36
Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law.

The contradictory actions could further complicate and prolong a regulatory review process that is already nearly a decade old, the Rapid City Journal reported.

Powertech (USA) Inc., a subsidiary of Canada-based Azarga Uranium, wants to develop a mine 13 miles northwest of Edgemont, on the remote southwestern edge of the Black Hills. The project is named "Dewey-Burdock," for two old town sites in the area.

The uranium would be mined by the "in situ" method, which involves drilling dozens of wells across a wide area. A liquid solution is pumped underground to dissolve the uranium and bring it to the surface, so it can be processed for use in nuclear power plants.

Contention over the potential presence of Native American burial sites, artifacts and other cultural resources within the 17-square-mile area of the proposed mine has been ongoing since Powertech applied to the U.S. Nuclear Regulatory Commission for a license in 2009. Nevertheless, the commission granted the license in 2014, even as a dispute about the lack of an adequate cultural resources survey was still pending before the commission's Atomic Safety and Licensing Board.


N Carolina Supreme Court candidate sues over party label law
Court News | 2018/08/06 14:33
A North Carolina Supreme Court candidate has made good on his threat to sue Republican legislators to challenge a law finalized over the weekend preventing him from having his party designation next to his name on the November ballot.

Chris Anglin filed a lawsuit Monday against Republican legislative leaders and elections officials in state court. He wants the law declared unconstitutional and his GOP designation retained.

The law prevents judicial candidates from having party labels next to their names if they changed affiliations less than 90 days before filing. Anglin switched from a Democratic affiliation three weeks before filing.

Anglin says the law gives unfair benefit to opponent Justice Barbara Jackson, who will have a Republican label. The race's other candidate — Anita Earls — will have a Democratic label.


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