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Appeals court overturns key Cape Wind clearance
Legal Career News | 2011/10/28 16:45
A federal appeals court has rejected the Federal Aviation Administration's ruling that the Cape Wind project's turbines present "no hazard" to aviation, overturning a vital clearance for the nation's first offshore wind farm.

A decision Friday from the U.S. Court of Appeals for the District of Columbia said the FAA didn't adequately determine whether the planned 130 turbines, each 440 feet tall, would pose a danger to pilots flying by visual flight rules.

The court ordered the "no hazard" determinations vacated and remanded back to the FAA.

It also ruled that if the FAA found the project posed aviation risks, the U.S. Interior Department would likely revoke or modify the lease granted Cape Wind — the first granted to a U.S. offshore wind project.

The decision signals further delays for the project, which has struggled to find financing.


Hunger-striking prisoner fights force-feedings
Legal Career News | 2011/10/25 12:55

Attorneys for a British prisoner who lost more than 100 pounds during a hunger strike have asked Connecticut's Supreme Court to prevent prison officials from force-feeding him.

The prisoner, William Coleman, stopped eating in September 2007 over claims he was convicted on a fabricated rape charge. Authorities began feeding him by a tube inserted through his nose a year later when he stopped accepting fluids.

Coleman has since begun voluntarily accepting liquid nutrition but he argues that the force-feedings violate his right to free speech.

His lawyers argued before the seven-judge panel on Tuesday that a lower court was wrong to rule last year that the feedings by the state Department of Correction can be permitted.

Assistant Attorney General Lynn Wittenbrink says prison officials are obliged to protect inmates' lives.



Couple arraigned in Wash. in Northwest crime spree
Legal Career News | 2011/10/20 13:18

A couple accused in a deadly crime spree through the Northwest pleaded not guilty Wednesday to two counts of aggravated murder.

David "Joey" Pedersen and Holly Grigsby wore orange jail uniforms during their separate appearances at Snohomish County Superior Court in Everett, about 30 miles north of Seattle. Several family members attended the hearing, holding hands as they entered the courtroom.

The couple is charged in the deaths of Pedersen's father, David "Red" Pedersen, and his wife, Leslie Pedersen, in Everett around Sept. 26.

In interviews with a reporter and police, the couple said they killed Pedersen's father because he molested two young relatives. They also said they killed his wife because she knew about the abuse and still supported him.

Everett police have emphasized that investigators haven't confirmed the defendants' story. However, Snohomish County Deputy Prosecutor Craig Matheson wrote in a probable cause statement that Grigsby confessed during a five-hour, videotaped interview with Oregon state police.

A judge on Wednesday set trial for Dec. 2, although that is likely to be postponed. The prosecutor has until Nov. 14 to decide whether to seek the death penalty, although that date also could be extended.



5 foreign nationals held in Texas court break-in
Legal Career News | 2011/10/19 13:11

Investigators have found 90-day visas, maps, cell phones and computers inside a recreational vehicle that may have been rented by five foreign nationals arrested after a break-in at a county courthouse in San Antonio.

Sheriff's department spokesman Louis Antu (AN'-too) says local and federal authorities are investigating the early Wednesday burglary at the old Bexar (bayr) County Courthouse.

Antu says the men are all in their 20s and were unarmed when they were arrested about 1:30 a.m. Three of the men were caught inside while the other two were outside near the RV.

Antu says he has no information to indicate the break-in is related to terrorism. He says federal authorities are involved because the men aren't from the U.S. and authorities still are trying to confirm their nationalities.



Top Europe court bans stem cell technique patents
Legal Career News | 2011/10/18 17:25
The European Union's top court ruled Tuesday that scientists cannot patent stem cell techniques that use human embryos for research purposes, a ruling some scientists said threatens important research since no one could profit from it.

The European Court of Justice in Luxembourg said the law protects human embryos from any use that could undermine human dignity.

Embryonic stem cells can develop into any type of cell in the body, which one day might be used to replace damaged tissue from ailments such as heart disease, Parkinson's and stroke. But using stem cells from embryos has been controversial — opposed by some groups for religious and moral reasons.

Despite such concerns, there are no such restrictions on obtaining patents on stem cell techniques in the U.S. and many other countries.

The European ruling centered on the case of Oliver Bruestle at the University of Bonn, who filed a patent on a technique to turn embryonic stem cells into nerve cells in 1997. Greenpeace filed a challenge to Bruestle's patent, arguing that it allows human embryos to be exploited.

The court said patents would be allowed if they involved therapeutic or diagnostic techniques that are useful to the embryo itself, like correcting defects.


US House group files motion in gay marriage suit
Legal Career News | 2011/10/17 16:19
Gays and lesbians are not entitled to the same heightened legal protection and scrutiny against discrimination as racial minorities and women in part because they are far from politically powerless and have ample ability to influence lawmakers, lawyers for a U.S. House of Representatives group said in a federal court filing.

The filing Friday in San Francisco's U.S. District Court comes in a lesbian federal employee's lawsuit that claims the government wrongly denied health insurance coverage to her same-sex spouse. Karen Golinski says the law under which her spouse was denied benefits — the Defense of Marriage Act — violates the U.S. Constitution's guarantee of equal protection.

But attorneys representing the House's Bipartisan Legal Advisory Group counter that DOMA is subject to a lower level of court scrutiny because gays and lesbians don't meet the legal criteria for groups who receive heightened protection from discrimination. Under that lower standard, DOMA is constitutional, they argue.


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