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An attorney for six young people who want the state to impose tougher safeguards on the energy industry told the Colorado Supreme Court on Tuesday that the law requires regulators to protect public health from the hazards of drilling.

A lawyer for the state countered that regulators acted properly when they rejected a request for stronger health protections on the grounds that they did not have the authority to impose them.

The justices heard oral arguments in the high-stakes case but did not say when they would rule.

The case revolves around how much weight energy regulators should give public health and the environment — a contentious issue in Colorado, where cities often overlap lucrative oil and gas fields and drilling rigs sit within sight of homes and schools.

The six young plaintiffs in the case asked the Colorado Oil and Gas Commission, which regulates the industry, to enact a rule that would require energy companies to show they would not harm human health or the environment before regulators issued a drilling permit.

The commission responded that it did not have that authority. Commission members said Colorado law required them to balance public safety with responsible oil and gas production.

Colorado Solicitor General Frederick R. Yarger, representing the attorney general's office, told the Supreme Court that the commission correctly interpreted state law to mean it must consider other factors in addition to public health.


Georgia's highest court on Monday declined to stop voting in a referendum on whether a new city of Eagle's Landing should be created from part of the existing city of Stockbridge.

The General Assembly passed two acts that were signed by the governor earlier this year to create Eagle's Landing from land that is currently part of Stockbridge combined with unincorporated parts of Henry County. The proposed city's creation must be approved by local voters, but Stockbridge residents who live outside the boundaries of the proposed city won't get a say.

Opponents, including the Stockbridge mayor, say creation of a new city would take a significant amount of city's land and tax revenue and harm the Stockbridge's ability to pay municipal bond obligations.

Proponents of a new city say they want to secure better city services, increase property values and attract high-end businesses. But opponents say race is a factor. About 20 miles (30 kilometers) southeast of Atlanta, Stockbridge is predominantly black, while the city of Eagle's Landing would have a higher proportion of white residents.

Stockbridge sued the Henry County elections director and members of the county commission and asked a judge to declare that the acts setting up the referendum violated the state Constitution. The judge declined, and the city appealed to the Georgia Supreme Court, which heard arguments in the case last week.


An Arkansas attorney told state's highest court on Thursday it should strike down a law that requires voters to show photo identification before casting a ballot, saying the measure circumvents a 2014 ruling against a nearly identical voter ID requirement.

The Arkansas Supreme Court heard arguments from the state, which is defending the law, and Jeff Priebe, who represents a Little Rock voter challenging the measure as unconstitutional. Justices in May halted a state judge's ruling preventing Arkansas from enforcing the voter ID law, keeping it in place while they consider the case.

The high court in 2014 struck down a previous version of the voter ID law as unconstitutional. The revived voter ID law, which was approved last year, requires voters to show photo identification before casting a ballot. Unlike the previous measure, the new law allows voters to cast provisional ballots if they sign a sworn statement confirming their identities.

"It's closing the ballot booth doors," Priebe said during the roughly hour-long hearing.

Arkansas officials argue the new law complies with part of the Supreme Court's ruling striking down the 2013 measure. Justices in 2014 unanimously struck down the previous voter ID law, with a majority of the court ruling it unconstitutionally added a qualification to vote. Three justices, however, ruled the measure didn't get the two-thirds vote needed to change voter registration requirements. A majority of the court has changed hands since that ruling, and more than two-thirds of the House and Senate approved the new measure last year.

Deputy Secretary of State A.J. Kelly told the justices the lower court "has usurped the power of the Legislature to amend the Constitution" by blocking the law. "A single man has a driver's license and refuses to show it to vote, and he alone has put a constitutional amendment in jeopardy," Kelly said.

Justices did not indicate when they would rule. If they strike the law, it wouldn't affect a separate proposal on the ballot in November that would put a voter ID requirement in the state's constitution.

The court is considering the case weeks before voters head to the polls in an election where national Democrats are trying to flip a Little Rock-area congressional seat currently held by a Republican. Justice Courtney Goodson, who wrote the concurring opinion four years ago citing the two-thirds vote as the reason for striking the previous law, is seeking re-election in November in a race that has already drawn heavy spending from conservative groups opposing her bid.

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  Elite Lawyers  -   POSTED: 2018/07/06 07:09

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An Epic Supreme Court Decision on Employment

  Elite Lawyers  -   POSTED: 2018/05/23 12:48

False dichotomy, meretricious piety, and pay-no-attention-to-that-man-behind-the-curtain misdirection are vital arrows in the quiver of any lawyer or judge, no matter of what persuasion.

These tricks were on particularly egregious display in Epic Systems Corp. v. Lewis, a 5-4 decision announced Monday in which the Supreme Court’s conservative majority continued its drive to narrow protection for employee rights. (The opinion, written by Justice Neil Gorsuch, was joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito; the dissent, by Justice Ruth Bader Ginsburg, was joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.)

The issue in Epic Systems was this: Can an employer require its employees, as a condition of keeping their jobs, to submit to individual arbitration of wage-and-hour and other workplace-condition claims—not only without an option to go to court, but without an option to pursue even private arbitration in common with other employees making the same claim?

Employees’ objection to a “no group arbitration” clause is that individual arbitration may concern amounts too small to make pursuing them worthwhile. Thus, these clauses make it easier for employers to maintain unfair or even unlawful employment structures and salary systems.

The question required the court to interpret two federal statutes—the Federal Arbitration Act (1925) and the National Labor Relations Act (1935). The FAA says that “a written provision in a contract evidencing a transaction involving commerce” requiring the parties to arbitrate instead of litigate disputes “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

The NLRA provides that “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Begin with text: the NLRA states that it is designed to counter “inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association.” There is no language like this in the FAA. The best histories of the FAA’s adoption suggest that it was designed to efficiently settle disputes among merchants—business interests with comparable bargaining power.

The Act itself says it should not be read to affect “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The sponsors stated during deliberations that it was not designed to cover labor agreements.



Nevada prison officials got the go-ahead Thursday to execute the state's first death-row inmate in 12 years, after the state Supreme Court ruled that defense lawyers and a rights group used the wrong process to try to stop the lethal injection.

Justices sidestepped the question of whether the state should use a never-before-tried combination of drugs that prison officials drew up for the execution of Scott Raymond Dozier.
The protocol includes a powerful painkiller that is fueling much of the nation's opioid epidemic and a paralyzing drug that could mask any signs of trouble.

The American Civil Liberties Union argued the drug is not legal to use for euthanizing pets in Nevada.

"Although we recognize the importance of this matter, both to Dozier and the citizens of the State of Nevada, the fact that this case has serious implications was all the more reason to follow established rules and procedures," the court said.

The blunt and unanimous order came just two days after the seven justices heard oral arguments in Carson City.


Greece's highest court has imposed severe restrictions on the movements of one of eight Turkish servicemen who have applied for asylum in Greece after fleeing Turkey following a failed 2016 coup there, while he waits for a decision on his asylum application.

The Council of State ruled that the officer will remain at an undisclosed address, must appear daily at a local police station and cannot obtain travel documents until his asylum application is determined in May.

Courts had initially granted him asylum, but suspended the decision following a Greek government appeal.

The eight helicopter crewmen, who deny involvement in the attempted putsch, have become a bone of contention in increasingly souring Greek-Turkish relations. Turkey demands they be returned as coup plotters, but Greek courts have rejected the extradition requests.


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