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Court: Construction can resume on small stretch of pipeline
Court Issues |
2016/10/11 05:27
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A federal appeals court on Sunday opened the door for construction to resume on a small stretch of the four-state Dakota Access pipeline while it considers an appeal by the Standing Rock Sioux Tribe.
The ruling removed a temporary injunction that halted work on the project.
The tribe had asked the U.S Court of Appeals for the District of Columbia Circuit to continue work stoppage on the pipeline within 20 miles of Lake Oahe in North Dakota. The court earlier ordered work to stop while it considered the motion.
In a statement, Standing Rock Sioux Tribe Chairman Dave Archambault II said that the tribe "is not backing down from this fight."
"We will not rest until our lands, people, waters and sacred places are permanently protected from this destructive pipeline," Archambault said.
Owned by Dallas-based Energy Transfer Partners, the $3.8 billion, 1,172-mile project would carry nearly a half-million barrels of crude oil daily from North Dakota's oil fields through South Dakota and Iowa to an existing pipeline in Patoka, Illinois, where shippers can access Midwest and Gulf Coast markets.
The company did not immediately return an email Sunday seeking comment on the court's decision.
The pipeline passes near Standing Rock Sioux reservation land that straddles the North Dakota-South Dakota border. The tribe's protest encampment near the confluence of the Missouri and Cannonball rivers has swelled to thousands at times as demonstrators from around the country joined their cause.
Tribal and state officials also are at odds over whether sacred sites were destroyed while digging the pipeline corridor. The state archaeologist has said an inspection found no sign that the area contained human remains or cultural artifacts.
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US Supreme Court won't hear Arizona death sentence case
Blog News |
2016/10/04 19:18
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The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.
The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.
The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing.
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Oklahoma Supreme Court invalidates law restricting abortion
Legal Network |
2016/10/04 19:18
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The Oklahoma Supreme Court has thrown out another state law that would put new restrictions on abortion providers.
In a unanimous opinion handed down Tuesday, all nine justices agreed that the statute adopted by the Legislature last year "contains different and unrelated purposes" in violation of the Oklahoma constitution's requirement that legislation cover a single subject.
The law encompasses four abortion-related topics: minors and parental consent; tissue preservation; inspection of clinics; and legal liability for abortion providers.
The New York-based Center for Reproductive Rights challenged the law and the state's highest court subsequently blocked it from going into effect. The center sued on behalf of Dr. Larry Burns of Norman, who performs nearly half of Oklahoma's abortions.
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Supreme Court rejects Whitey Bulger appeal
Legal Opinions |
2016/10/03 19:18
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The Supreme Court has turned away James "Whitey" Bulger's appeal of his racketeering convictions and life sentence.
The justices did not comment Monday in leaving in place Bulger's convictions for playing a role in 11 murders and many other crimes.
The 87-year-old Bulger was a fugitive for 17 years until his arrest in 2011. A jury convicted him in 2013.
Bulger argued that the judge at his trial should have let him tell the jury that a now-dead federal prosecutor had granted him immunity from prosecution. The judge said Bulger hadn't offered hard evidence that such an agreement existed.
Bulger also contended that federal prosecutors failed to disclose "promises, rewards and inducements" made to John Martorano, a hit man who testified against the Boston gangster at his trial.
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