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Appeals court affirms oil company polar bear rules
Legal Network | 2012/08/24 20:01
Oil companies operating in the Chukchi Sea off Alaska's northwest coast will have a negligible effect on polar bears and walrus, according to a federal Appeals Court ruling Tuesday that backed U.S. Fish and Wildlife Service rules on harassment of the animals.

A three-judge panel of the 9th Circuit Court of Appeals said the agency correctly issued rules that provide legal protection to oil companies if small numbers of polar bears or Pacific walruses are incidentally harmed.

"We're glad that the court has reaffirmed the appropriateness of our conservation measures," agency spokesman Bruce Woods said.

The Center for Biological Diversity sued over the rules, claiming both individual animals and entire populations must be analyzed for protection. Center attorney Rebecca Noblin said the Appeals Court agreed but concluded the Fish and Wildlife Service had done sufficient separate analyses. Noblin called the decision disappointing.

The Marine Mammal Protection Act generally prohibits the "take" of marine mammals. Take is defined to include harassment or annoyance that has the potential to injure or that could disrupt behavior patterns such as migration, nursing, breeding and feeding.


Court upholds summary for St. Louis police measure
Court Watch | 2012/08/22 21:00
A Missouri appellate court has upheld the proposed ballot summary for an initiative that would end state control of the St. Louis Police Department.

The Missouri Court of Appeals' Western District ruled Tuesday that the summary is fair and sufficient. The American Civil Liberties Union of Eastern Missouri had filed a lawsuit challenging the summary.

The ballot measure calls for St. Louis to oversee the city's police department instead of a state commission. Election officials reported earlier this month that supporters had submitted enough valid signatures for the measure to appear on the November statewide ballot.


NC regulators hire law firm to probe Duke Energy
Court Watch | 2012/08/17 17:44
North Carolina utilities regulators said Wednesday they have hired a former federal prosecutor with experience digging into corporate affairs to reveal whether regulators were misled ahead of a takeover that created America's largest electric company.

The North Carolina Utilities Commission said it has hired Anton Valukas and the Jenner & Block law firm, which he heads in Chicago. The ex-prosecutor and his firm are tasked with investigating what happened before regulators approved Charlotte-based Duke Energy Corp. taking over Raleigh-based Progress Energy Inc.

State law allows the costs associated with the utilities commission's investigation to be charged to Duke Energy and its shareholders rather than allowing the company to pass them along to its 3.2 million North Carolina customers.

A Duke Energy spokesman said the company was cooperating with regulators in their investigation.

The company on Wednesday separately sought to begin passing along to Carolinas energy consumers the first $89 million of $650 million in merger-related savings promised over the next five years. If that is approved, the average residential customer in North Carolina and South Carolina could save between 80 cents and 92 cents a month beginning in September.


Pa. city's immigration rules back in US court
Court Issues | 2012/08/15 17:43
The dispute over a northeast Pennsylvania city's attempt to crack down on illegal immigrants is back before a federal appeals court Wednesday.

The six-year case involving Hazleton returns to the 3rd U.S. Circuit Court of Appeals because of a recent Supreme Court ruling.

The city rules would fine landlords who rent to illegal immigrants and deny business permits to companies that employ them. A companion piece requires tenants to register with City Hall and pay for a rental permit.

But they've all been on hold since a federal judge struck them down, and the federal appeals court affirmed the decision, saying they usurp the federal government's power to regulate immigration.

Now a mixed decision from the Supreme Court in a related case in Arizona is sending the Pennsylvania case back to court.


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