Friday, December 20, 2013

Pa. court sides with towns in gas drilling fight


The highest court in Pennsylvania, heart of the country's natural gas drilling boom, on Thursday struck down significant portions of a law that limited the power of local governments to determine where the industry can operate _ rules the industry sought from Republican Gov. Tom Corbett and lawmakers.

In a 4-2 decision, the Pennsylvania Supreme Court ruled the industry-friendly rules set out by the 2012 law violated the state constitution, although the majority did not entirely agree on why they were unconstitutional.

Seven municipalities had challenged the law that grew out of the state's need to modernize 20-year-old drilling laws to account for a Marcellus Shale drilling boom made possible by innovations in technology, most notably horizontal drilling and hydraulic fracturing. The process, also called fracking, has drawn widespread criticism from environmentalists and many residents living near drilling operations.

"Few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones," wrote Chief Justice Ron Castille. He said the law's rules represented an unprecedented "displacement of prior planning, and derivative expectations, regarding land use, zoning, and enjoyment of property."

The high court's decision comes at a time when the energy industry is increasingly able to capture oil and gas from previously unreachable formations and, as a result, is bumping up against suburban and urban expectations of land use in states including Texas, Colorado and Ohio, where a similar legal challenge is underway.

The 2012 law restricted local municipalities' ability to control where companies may place rigs, waste pits, pipelines and compressor and processing stations, although the new zoning rules never went into effect because of court order after the towns sued. A narrowly divided lower court struck them down in 2012, but Corbett appealed, saying lawmakers have clear authority to override local zoning.

Wednesday, November 6, 2013

Planned Parenthood Asks Supreme Court's Help In Texas



Planned Parenthood is asking the Supreme Court to place Texas' new abortion restrictions on hold.

The group says in a filing with the high court Monday that more than a third of the clinics in Texas have been forced to stop providing abortions since a court order allowed the new restrictions to take effect Friday.

Planned Parenthood says that the 5th U.S. Circuit Court of Appeals went too far in overruling a trial judge who blocked the law's provision that requires doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.

The filing was addressed to Justice Antonin Scalia, who oversees emergency matters from Texas.

Wednesday, August 28, 2013

Judge says Episcopal issues belong in state court

U.S. District Judge C. Weston Houck has ruled for the second time in recent months that legal issues arising from the Episcopal schism in eastern South Carolina belong in state court, not federal court.

Houck dismissed a federal lawsuit late Friday brought by Bishop Charles vonRosenberg, the bishop of parishes remaining with the national Episcopal Church.

The bishop had asked Houck to block Bishop Mark Lawrence, the spiritual head of churches that left the national church, from using the name and symbols of the Episcopal Diocese of South Carolina.

But Houck ruled the issues "are more appropriately before, and will more comprehensively be resolved, in South Carolina state court."

Lawrence and churches in the conservative diocese separated from the more liberal national church last year. Those parishes later sued in state court to protect their use of the diocesan name and symbols and title to a half billion dollars in church property.

In a consent order agreed to by both sides and signed by a state judge earlier this year, Lawrence and those parishes were given the right to use the name and symbols.

Parishes remaining with the national church later tried to move that case to federal court, but Houck ruled in June that doing so would disrupt the balance between state and federal courts.

Tuesday, June 25, 2013

San Diego, California - Personal Injury Truck Accidents Attorney

With the gas prices rising and for health and fitness reasons, more individuals have looked into biking or walking to save money in their means of transportation. With the increased amount of cyclists and pedestrians, we also see an increased amount of bicycle and pedestrian accidents. Most bicyclist and pedestrian accidents involve distracted or reckless drivers. As drivers, we often don't go out of our way to look out for bicyclists or pedestrians unless we are at a big intersection. Therefore, most of the time the visibility of cyclists and pedestrians is limited and for that, accidents happen if drivers are not careful. An accident involving an automobile versus a bicyclist or pedestrian can turn out to be fatal. Due to the massive weight of a vehicle, and depending on speed, a pedestrian can suffer from permanent disfiguration from this type of an accident. This could leave you with a lifetime of hospital visits and medical bills to pay off. In the worst case scenario, death is the end result. If you find yourself in this situation, it is important to contact a San Diego Bicycle Accident Lawyer as soon as possible.

Thursday, May 23, 2013

Court: US can keep bin Laden photos under wraps

A federal appeals court is backing the U.S. government’s decision not to release photos and video taken of Osama bin Laden during and after a raid in which the terrorist leader was killed by U.S. commandos.
The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia turned down an appeal Tuesday from Judicial Watch, a conservative watchdog group, which had filed a Freedom of Information Act request for the images.
The court said that the CIA properly withheld publication of the images. The court concluded that the photos used to conduct facial recognition analysis of bin Laden could reveal classified intelligence methods — and that images of bin Laden’s burial at sea could trigger violence against American citizens.

Monday, April 8, 2013

US appeals court grants Hobby Lobby full hearing

A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives.
The 10th U.S. Circuit Court of Appeals announced its decision Friday. Appeals are usually decided by a three-judge panel, but a total of nine judges will hear the appeal from the Oklahoma City-based arts and crafts chain.
Hobby Lobby is challenging a requirement in the new federal health care law that says the company must provide and pay for emergency contraceptives. The company says the requirement violates the beliefs of its Christian owners.
The Denver-based court also said it would hear Hobby Lobby's appeal on an expedited basis, with oral arguments expected this spring.

Tuesday, February 5, 2013

Rosin Steinhagen Mendel - Adoption

Rosin Steinhagen Mendel’s adoption practice includes domestic private-placement / independent adoptions, private agency adoptions, foster care adoptions, interstate adoptions, stepparent and second parent adoptions, adult adoptions, re-adoptions and registration of foreign adoption decrees.  Our firm represents birth parents in adoption matters and in custody and guardianship proceedings, and assists in the unsealing of adoption records.

    Pre-Certification
    Domestic Private-Placement / Independent Adoptions
    Domestic Agency Adoptions
    Interstate Adoptions
    Foster Care Adoptions
    Stepparent Adoptions
    Second Parent Adoptions
    Adult Adoptions
    Re-adoptions
    Registration of Foreign Adoption Decrees and Name Changes
    Birth Parent Representation
    Unsealing of Adoption Records

http://www.lawrsm.com/adoption-attorneys

Thursday, January 3, 2013

Detroit mom in court in daughter's stabbing death

A 26-year-old Detroit mother of five was scheduled for her first court appearance Thursday afternoon on a murder charge in the stabbing death of her 8-year-old daughter.

Tameria Greene, who would have turned 9 on Wednesday, was found bleeding early Sunday on the floor of the family's apartment. Her mother, Semeria Greene, was arrested and her four sons were taken into protective custody.

Greene was due to be arraigned on felony murder and child abuse charges. She did not have an attorney listed in court records.

Michigan's human service director Maura Corrigan said family, friends and neighbors had complained to her agency about Greene's treatment of her five children. Corrigan said child welfare workers had tried repeatedly to remove them from Greene's care in the past two years.

Corrigan says a court denied the last request one month before Tameria's death.

Judge Frank Szymanski told The Associated Press on Thursday morning that he signed an order in November that ordered services but kept the children in the home. He said his order reflected the result of a hearing held by a referee and he had no active role in the case at that time. That's standard procedure in such cases, the judge said.