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Hawaii Supreme Court affirms Maui solar telescope permit
Court Watch |
2016/11/12 22:50
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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 Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month.
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DC appeals court hears arguments in Clean Power Plan case
Court Watch |
2016/09/26 20:47
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The federal appeals court in Washington began hearing oral arguments Tuesday in the legal fight over President Barack Obama's plan to curtail greenhouse gas emissions.
The Clean Power Plan, which aims to slow climate change by reducing power-plant emissions by one-third, has been challenged by more than two dozen mostly Republican-led states, including Texas, and allied business and industry groups tied to fossil fuels. The states deride the carbon-cutting plan unveiled by the Environmental Protection Agency as an "unlawful power grab" that will kill coal-mining jobs and drive up electricity costs.
The Supreme Court has delayed implementation until the legal challenges are resolved.
Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last year. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.
Regardless of which side prevails at the appeals level, the issue is considered likely to end up being decided by the Supreme Court.
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Appeals court refuses to reconsider Wisconsin voter ID cases
Court Watch |
2016/08/28 15:05
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A federal appeals court has refused to reconsider a pair of rulings affecting Wisconsin's voter ID law, meaning no more changes to the requirement are likely before the November election.
The 7th U.S. Circuit Court of Appeals on Friday unanimously declined to have a full panel of judges hear appeals of two recent rulings affecting the voter ID requirement and a host of other election-related laws.
The U.S. Supreme Court would have to intervene for any changes to happen before the Nov. 8 election.
The appeals court's upholding the earlier rulings means that Wisconsin voters will have to show an acceptable ID to vote, but those having trouble getting it can get a temporary ID from the Division of Motor Vehicles.
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'Whitey' Bulger asks US Supreme Court to hear his appeal
Court Watch |
2016/08/16 18:22
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James "Whitey" Bulger has asked the U.S. Supreme Court to hear his appeal of his racketeering convictions for playing a role in 11 murders and committing a litany of other crimes.
It is unclear if the high court will take up the Boston gangster's case. The court generally agrees to hear only a small percentage of the thousands of cases it's asked to review each year. The 1st U.S. Circuit Court of Appeals upheld Bulger's 2013 convictions in March.
A three-judge panel of the court found that Bulger had not shown that his right to a fair trial was violated when a judge barred him from testifying about his claim that a now-deceased federal prosecutor granted him immunity. The trial judge said Bulger had not offered any hard evidence that such an agreement existed.
Bulger, now 86, led a notoriously violent gang from the 1970s through the early 1990s. He fled Boston in 1994 after an FBI agent tipped him that he was about to be indicted. Bulger remained a fugitive until 2011, when he was captured in Santa Monica, California. He is now serving a life sentence.
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Ex-officer charged in death of black motorist back in court
Court Watch |
2016/08/14 18:22
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A white former police officer charged in the shooting death of a black motorist is returning to a federal courtroom in South Carolina.
U.S. District Judge David Norton has set a Friday hearing on the civil rights charges brought against former North Charleston officer Michael Slager. It's Slager's first appearance in federal court since his arraignment in May.
The federal charges stem from the shooting death of Walter Scott, 50, in April of 2015. Scott, who was unarmed, was fleeing a traffic stop when he was shot. A bystander's video recording of Scott's shooting reignited the national debate about the treatment blacks face at the hands of white police officers.
Slager faces a murder charge in state court in a trial set to begin in October.
The federal indictment charges that Slager, while acting as a law officer, deprived Scott of his civil rights. A second count says he used a weapon, a Glock Model 21 .45-caliber pistol, while doing so.
The third count, charging obstruction of justice, alleges Slager intentionally misled state investigators about what happened during the encounter with Scott.
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