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Court reinstates clean air rule during EPA fix
Topics | 2008/12/24 17:14
In a ruling hailed by environmentalists, a federal appeals court on Tuesday reinstated one of President George W. Bush's clean air regulations while the Environmental Protection Agency makes court-mandated changes.

In July, the U.S. Appeals Court for the District of Columbia Circuit threw out the Clean Air Interstate Rule, which required 28 mostly Eastern states to reduce smog-forming and soot-producing emissions that can travel long distances in the wind.

The court said the EPA overstepped its authority by instituting the rule, citing "more than several fatal flaws" in the regulation. However, a three-judge panel decided to reinstate the rule while the EPA develops a new clean air program.

Judge Judith W. Rogers said allowing the country to go without the protection of CAIR while the EPA fixes it "would sacrifice clear benefits to public health and the environment."

The judges did not give EPA a deadline to come up with new regulations, but warned the agency that this decision is not an "indefinite stay" of its July ruling.

The Environmental Protection Agency had predicted that the Clean Air Interstate Rule would prevent about 17,000 premature deaths a year by dramatically reducing sulfur dioxide and nitrogen oxide emissions. In addition, the EPA said the rule would save up to $100 billion in health benefits, eliminate millions of lost work and school days and prevent tens of thousands of nonfatal heart attacks.



Clayton State Alumna, Katie Fagan, joins SWB
Uncategorized | 2008/12/23 22:57
Smith, Welch & Brittain LLP, Attorneys at Law is proud to announce that Katie Fagan, a Clayton College & State University graduate has joined our firm as an associate. Ms. Fagan graduated cum laude from the Mercer University, Mercer University’s Walter F. George School of Law in 2008.

Mrs. Fagan began interning for Smith, Welch & Brittain in the summer of 2006. She is a member of the Georgia Bar Association, the Henry County Bar Association, the Georgia Association of Women Lawyers and also coaches for the Eagle’s Landing High School Mock Trial team.

Smith, Welch & Brittain, LLP was established in McDonough in 1873. The firm currently operates offices in McDonough, Stockbridge, Jackson and Barnesville. SWB includes 20 attorneys and more than 50 support staff.


Alamo seeks removal of religious language in suit
Court Watch | 2008/12/23 17:16
A lawyer for jailed evangelist Tony Alamo asked a federal court Tuesday to remove religious references from a lawsuit against his client, saying they have the potential to draw the court into theological debate to decide the case.

John Hall of Little Rock said in a court filing that claims made by two former members of the Tony Alamo Christian Ministries were based on religious beliefs and not matters for argument in a court of law.

Hall gave as examples claims that Alamo engaged in practices to intimidate church members by withholding food, marrying young girls and performing severe beatings. Hall said Alamo's defense to each of these allegations was based largely on the Bible, and the filing cites numerous biblical passages.

"All of these fall within the ambit of defendant's religious beliefs," the filing says.

The suit, filed Nov. 25 in federal district court at Texarkana, claims that Seth Calagna and Spencer Ondrisek were beaten and subjected to abuse as teenagers in the church. The suit says the former church members, now adults, suffered physical pain, emotional distress, scarring and disfigurement. It seeks more than $75,000 in damages.



Conservatives win court case in Va. church dispute
Law Firm News | 2008/12/20 17:18
Nearly a dozen conservative church congregations in Virginia have won a lawsuit in which they sought to split from the U.S. Episcopal Church in a dispute over theology and homosexuality.

The final rulings came Friday from a Fairfax County judge who said the departing congregations are allowed under Virginia law to keep their church buildings and other property as they leave the Episcopal Church and realign under the authority of conservative Anglican bishops from Africa.

Several previous rulings had also gone in favor of the departing congregations. The diocese said it will appeal.

Eleven Virginia congregations were involved in the lawsuit, including two prominent congregations that trace their histories to George Washington — Truro Church in Fairfax and The Falls Church in Falls Church.

The congregations voted to realign in late 2006. Since then, the rift in the Episcopal Church has grown, and entire dioceses have voted to leave the denomination. Similar property disputes are expected there as well.

The Episcopal Diocese of Virginia argued it was the true owner of the church property and that the congregations' votes to leave the Episcopal Church were invalid.



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