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Appellate court overturns high-speed rail rulings
Legal Interview |
2014/08/05 22:22
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A state appellate court on Thursday overturned two lower court rulings that had stalled funding for California's $68 billion bullet train, handing a big win to Gov. Jerry Brown's signature project and allowing the state to resume selling bonds to pay for it.
The court overturned rulings by Sacramento County Superior Court Judge Michael Kenny last year in which he said the high-speed rail project no longer complies with the promises made to voters in 2008 when they approved selling nearly $10 billion in bonds. In siding with Kings County and Central Valley landowners, Kenny invalidated the sale of $8.6 billion in state bonds and ordered the California High-Speed Rail Authority to write a new funding plan.
Attorneys for the plaintiffs had argued that the state failed to identify all the funding for the first full segment of the rail line in the Central Valley, a cost of about $26 billion, and instead had found just $6 billion to pay for construction. They also argued the state did not have all the necessary environmental clearances as voters were promised.
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Brown appoints legal affairs aide to appeals court
Court Issues |
2014/07/28 19:24
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Gov. Jerry Brown has named a senior aide to become an associate justice on the Sacramento-based Third District Court of Appeal.
Brown announced the appointment of Jonathan Renner on Friday.
The 44-year-old Democrat from Sacramento has been Brown's legal affairs secretary since 2011.
He was senior assistant attorney general at the California Department of Justice from 2009 to 2010, when Brown was the state's attorney general. Renner previously held other high-ranking positions within the attorney general's office.
The appointment requires confirmation by the Commission on Judicial Appointments. It includes the current attorney general, Kamala Harris, and Chief Justice Tani Cantil-Sakauye ("TAWNY canTILL SOCK-a-OO-ay").
If confirmed, Renner will begin his term Jan. 5. He would fill the vacancy created when Cantil-Sakauye moved to the California Supreme Court. |
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German court receives suit against EU bank union
Press Release |
2014/07/28 19:21
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A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient.
The Federal Constitutional Court said Monday it had received the complaint. It wasn't clear when the court might rule; verdicts on previous attempts to block measures meant to stem Europe's debt crisis took at least several months.
The group behind the complaint says the banking union "has no legal basis in the European treaties."
It objects to handing the European Central Bank direct supervision of the eurozone's biggest lenders with binding powers over national authorities, and opposes plans for a separate authority with the power to dissolve or restructure failing banks. |
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2 ag-gag laws facing federal court challenges
Legal Network |
2014/07/21 22:42
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The years-long fight between farm organizations and animal rights activists over laws prohibiting secretly filmed documentation of animal abuse is moving from state legislatures to federal courts as laws in Utah and Idaho face constitutional challenges.
Half of U.S. states have attempted to pass so-called ag-gag laws, but only seven have been successful. Among them are Idaho, where this year's law says unauthorized recording is punishable by up to a year in jail and a $5,000 fine, and Utah, whose 2012 law makes it a crime to provide false information to gain access to a farm. Both states now face separate but similarly worded lawsuits that say the measures violate federal statutes offering whistleblower protections and free-speech guarantees.
Farm organizations and livestock producers say ag-gag laws are aimed at protecting their homes and businesses from intruders, and some plan to use social media to assure the public they have nothing to hide. But animal rights groups, free-speech activists and investigative journalists want to throw out the laws because they say the secrecy puts consumers at higher risk of food safety problems and animals at higher risk of abuse.
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