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•  Events - Legal News
Court: EPA can stop some power plant modifications

•  Events     updated  2013/03/30 23:03


A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution.

The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul. DTE said the project was only routine maintenance.

U.S. District Judge Bernard Friedman threw out the suit, saying EPA went to court too soon.

But the Sixth U.S. Circuit Court of Appeals overturned his decision Thursday. In a 2-1 ruling, the court says the law doesn't block EPA from challenging suspected violations of its regulations until long after power plants are modified.

Walton appointed presiding judge of FISA Court

•  Events     updated  2013/02/08 13:02



U.S. District Judge Reggie Walton has been appointed presiding judge of a secretive special court that oversees warrants for government surveillance in spy and terrorism cases.

Chief Justice John Roberts appointed Walton to head the Foreign Intelligence Surveillance Court effective Feb. 22, replacing Judge John D. Bates, whose term is expiring.

The court meets in secret at the federal courthouse in Washington to hear classified evidence from government attorneys. No defense attorneys are present. At least one of its 11 judges is on call to issue warrants any time of the day or night.

Walton has served on the surveillance court since 2007. He also has presided over a number of high-profile federal court cases, including last year's Roger Clemens perjury trial.

Polygamous family launches challenge of Utah law

•  Events     updated  2011/12/20 10:19


Reality TV stars Kody Brown and his four wives say they just want one thing: to be left alone.

As authorities investigate them for bigamy, the TLC "Sister Wives" family is asking a federal judge to overturn part of Utah's bigamy law because it bans them from living together and criminalizes sexual relationships between unmarried consenting adults.

"What they are asking for is the right to structure their own lives, their own family, according to their faith and their beliefs," said Jonathan Turley, their attorney, adding that the lawsuit is about privacy — not polygamy.

The case in federal court in Utah, however, could open up the possibility that a way of life for tens of thousands of self-described Mormon fundamentalists could be decriminalized.

While all states outlaw bigamy, some like Utah have laws that both prohibit having more than one marriage license at a time and also ban adults from living together and having a sexual relationship.

The latter provision could include same-sex couples, unmarried heterosexual couples and those, like the Browns, who do not have licenses but have created within their homes a marriage-like relationship.


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