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Alaska Supreme Court to Hear Youths’ Climate Change Lawsuit
Headline Legal News | 2019/10/09 11:16
The Alaska Supreme Court will hear arguments in a lawsuit that claims state policy on fossil fuels is harming the constitutional right of young Alaskans to a safe climate.

Sixteen Alaska youths in 2017 sued the state, claiming that human-caused greenhouse gas emission leading to climate change is creating long-term, dangerous health effects.

The lawsuit takes aim at a state statute that says it’s the policy of Alaska to promote fossil fuels, said Andrew Welle of Oregon-based Our Children’s Trust, a nonprofit organization dedicated to protecting natural systems for present and future generations.

“The state has enacted a policy of promoting fossil fuels and implemented it in a way that is resulting in substantial greenhouse gas emissions in Alaska,” Welle said in a phone interview. “They’re harming these young kids.”

A central question in the lawsuit, as in previous federal and state lawsuits, is the role of courts in shaping climate policy.


Egypt court asks religious figure to weigh in on sentences
Headline Legal News | 2019/09/29 22:46
An Egyptian court has referred the case of seven defendants facing terrorism charges to the country's top religious authority, the Grand Mufti, for a non-binding opinion on whether they can be executed as the prosecution seeks.

The Cairo Criminal Court says Saturday the defendants are members of a local affiliate of the Islamic State group spearheading an insurgency in northern Sinai.

The men are part of 32 defendants accused of killing eight police, including an officer, when they ambushed a microbus in Cairo's southern suburb of Helwan in May 2016.

The verdict is set for Nov. 12, and the presiding judge may rule independently of the Mufti.

Egypt has battled an insurgency for years in the Sinai Peninsula that has occasionally spilled over to the mainland.



High Court overturns city mandate on construction projects
Headline Legal News | 2019/09/22 22:50
A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.

A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.

The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.

Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.

Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.



Buffalo Chip takes quest to become town before Supreme Court
Headline Legal News | 2019/09/16 22:52
The South Dakota Supreme Court will once again hear oral arguments in Buffalo Chip's quest to become a municipality, after a lower court ruled in February that the popular motorcycle rally campground near Sturgis must be dissolved as a town.

The Rapid City Journal reports that oral arguments are scheduled for Sept. 30.

Attorneys for the state have argued that Buffalo Chip was improperly incorporated in 2015 because it had fewer than 100 legal residents or 30 voters, as was required by law at the time. The city of Sturgis has also opposed Buffalo Chip's incorporation for years.

Buffalo Chip officials have argued that the area had more than 30 voters.

Kent Hagg, an attorney representing the campground, said the case could come down to the difference between the words "and" and "or." He said the law in place in 2015 required municipalities to have at least 100 residents "or" 30 voters. In 2016, the state Legislature changed the law to require municipalities to have at least 100 residents "and" 45 voters.

Hagg said about 53 voters listed the Buffalo Chip as their address of record in 2015.

The campground fills with thousands of visitors during the Sturgis motorcycle rally, but has few, if any, year-round residents.

In February, Fourth Circuit Judge Gordon Swanson ruled that the town must be dissolved. The city has said in a statement that the judge's decision was based on common sense and plain language of the law. "It would not make sense for the Legislature to authorize the incorporation of a municipality with no residents."


Cock-a-doodle-doo! French rooster crows over court win
Headline Legal News | 2019/09/10 10:03
ing is exasperating Fesseau’s neighbors, a retired couple who moved to the island two years ago. They asked the court to make the animal move farther away, or shut up.

Instead, the judge in the southwest city of Rochefort ordered them to pay 1,000 euros ($1,005) in damages to Fesseau for reputational harm, plus court costs.

“That made my clients feel very bad,” their lawyer Vincent Huberdeau said. He said Fesseau intentionally put her chicken coop close to her neighbors’ window and then turned Maurice into a cause celebre for rural traditions, and that the judge went too far in punishing the plaintiffs instead.

Their case also backfired in the court of public opinion, at least locally. More than 120,000 people signed a petition urging authorities to leave Maurice alone ? and a “support committee” made up of roosters and hens from around the region came to support his owner during the trial in July.

“The countryside is alive and makes noise ? and so do roosters,” read one of their signs.

The ruling may spell good news for a flock of ducks in the Landes region of southwest France, where a trial is underway between farmers and neighbors angry over the creatures’ quacks and smell.

Authorities also ruled against residents of a village in the French Alps who complained in 2017 about annoying cow bells, and an effort last year to push out cicadas from a southern town to protect tourists from their summer song also failed.

Since Maurice’s tale came to light, some French lawmakers have suggested a law protecting the sounds and smells of the countryside as part of France’s rural heritage.


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