courthousenews--2020-11-20--Sacramento County Breaks Ground on New Courthouse

SACRAMENTO , Calif. ( CN ) — A long overdue makeover for one of California ’ s busiest state courts is finally underway as officials announced Friday construction has started on a half billion-dollar courthouse in downtown Sacramento .
After routinely getting bumped in favor of other courthouse projects and stalled by lack of funding over the last decade , Sacramento County Superior Court officials are celebrating the project ’ s progression from “ mirage ” to reality .
“ Notwithstanding numerous challenges over the last decade , we finally see light at the end of the tunnel , ” @ @ @ @ @ @ @ statement .
“ Replacing the antiquated downtown courthouse with a new state-of-the-art court facility will not only bring renewed prosperity to the Sacramento region but more importantly , meet the much-needed judicial needs of our growing community for years to come.
” Slated for 17 floors and 53 courtrooms , the new 538,000 square-foot building will cover an entire city block and house the court ’ s criminal and civil operations .
At an estimated cost of over $ 480 million , the project also includes a large jury assembly room , food @ @ @ @ @ @ @ bring all of the court ’ s administrative arms under one roof .
With a projected completion date of December 2023 , the building will replace the nearby Gordon D. Schaber Courthouse , which court executives describe as an outdated “ logistical nightmare ” and public safety challenge .
Rising in the shadow of the similarly sized Robert T. Matsui Federal Courthouse , the new building will also allow the court to consolidate operations from three different facilities .
Named after the longtime dean of McGeorge School of Law , the current courthouse @ @ @ @ @ @ @ lack of fire sprinklers and just one circulation route for defendants that funnels inmates directly past the clerk and judges ’ quarters .
And most of the courtrooms are well below standard size .
“ We ’ re in the dark ages , ” the court ’ s executive officer and former judge Lloyd Connelly told Courthouse News during a tour in 2016 .
“ We in Sacramento are used to this system , but other judges think we are nuts.
” But after securing a firm funding commitment from the Legislature and @ @ @ @ @ @ @ project in the northwest corner of downtown Sacramento is finally into the construction phase .
“ Yes , a half-billion-dollar dream comes true .
To all who have so generously put their shoulders to the wheel , we thank you !
You have been heroes one and all .
Because of you the mirage in the distance for years has become a reality — a Working Tower of Justice , ” Connelly reacted Friday .
The pricey project continues the building boom in downtown Sacramento , as the courthouse is being built at @ @ @ @ @ @ @ seat soccer stadium .
Health care giant Kaiser Permanente is also developing a new hospital on an 18-acre site in the so-called Railyards District .
The court ’ s new digs will remain near the main county jail , juror parking lots and will be easily accessible by public transit .
Clark Construction is in charge of the project , its third with the Judicial Council of California , and NBBJ has signed on as architect .
Once completed , the Sacramento project will add to the lengthy list of court upgrades in @ @ @ @ @ @ @ Council , 29 new or renovated California courthouses have been finished since 2002 , including a $ 556 million downtown San Diego courthouse that opened in 2017 .

A long overdue makeover for one of California’s busiest state courts is finally underway as officials announced Friday construction has started on a half billion-dollar courthouse in downtown Sacramento.
SACRAMENTO, Calif. (CN) — A long overdue makeover for one of California’s busiest state courts is finally underway as officials announced Friday construction has started on a half billion-dollar courthouse in downtown Sacramento.
After routinely getting bumped in favor of other courthouse projects and stalled by lack of funding over the last decade, Sacramento County Superior Court officials are celebrating the project’s progression from “mirage” to reality.
“Notwithstanding numerous challenges over the last decade, we finally see light at the end of the tunnel,” said Presiding Judge Russell Hom in a statement. “Replacing the antiquated downtown courthouse with a new state-of-the-art court facility will not only bring renewed prosperity to the Sacramento region but more importantly, meet the much-needed judicial needs of our growing community for years to come.”
Slated for 17 floors and 53 courtrooms, the new 538,000 square-foot building will cover an entire city block and house the court’s criminal and civil operations. At an estimated cost of over $480 million, the project also includes a large jury assembly room, food services, civil settlement center and will bring all of the court’s administrative arms under one roof.
With a projected completion date of December 2023, the building will replace the nearby Gordon D. Schaber Courthouse, which court executives describe as an outdated “logistical nightmare” and public safety challenge.
Rising in the shadow of the similarly sized Robert T. Matsui Federal Courthouse, the new building will also allow the court to consolidate operations from three different facilities.
Named after the longtime dean of McGeorge School of Law, the current courthouse has a host of problems including a lack of fire sprinklers and just one circulation route for defendants that funnels inmates directly past the clerk and judges’ quarters. And most of the courtrooms are well below standard size.
“We’re in the dark ages,” the court’s executive officer and former judge Lloyd Connelly told Courthouse News during a tour in 2016. “We in Sacramento are used to this system, but other judges think we are nuts.”
But after securing a firm funding commitment from the Legislature and then-Governor Jerry Brown in 2018, the project in the northwest corner of downtown Sacramento is finally into the construction phase.
“Yes, a half-billion-dollar dream comes true. To all who have so generously put their shoulders to the wheel, we thank you! You have been heroes one and all. Because of you the mirage in the distance for years has become a reality — a Working Tower of Justice,” Connelly reacted Friday.
The pricey project continues the building boom in downtown Sacramento, as the courthouse is being built at the same time as a neighboring 21,000 seat soccer stadium. Health care giant Kaiser Permanente is also developing a new hospital on an 18-acre site in the so-called Railyards District.
The court’s new digs will remain near the main county jail, juror parking lots and will be easily accessible by public transit. Clark Construction is in charge of the project, its third with the Judicial Council of California, and NBBJ has signed on as architect.
Once completed, the Sacramento project will add to the lengthy list of court upgrades in recent years. According to the Judicial Council, 29 new or renovated California courthouses have been finished since 2002, including a $556 million downtown San Diego courthouse that opened in 2017.


courthousenews--2020-11-20--Wisconsin Officials Must Face Lawsuit Over Massive Power Line

MADISON , Wis. ( CN ) — A Wisconsin federal judge decided on Friday to let environmentalists challenging a multistate power line corridor proceed with their claims against two state commissioners they claim were biased in approving the corridor in the face of conflicts of interest .
While allowing constitutional due process claims to proceed against the two commissioners in question , U.S. District Court Judge William Conley ’ s 36-page opinion did toss the environmental advocates ’ Fifth Amendment takings claims because they did not meet the “ daunting burden ” to prove that the planned taking of private @ @ @ @ @ @ @ transmission line amounts to a constitutional violation .
“ At most , plaintiffs allege that the costs of the line will exceed the public benefits , and there are better alternatives available , but this argument invites judicial oversight over complicated policy considerations , rather than merely questioning whether the line advances a ‘ conceivable public purpose , ’ ” the Barack Obama appointee .
The Driftless Area Land Conservancy and Wisconsin Wildlife Federation sued the Public Service Commission of Wisconsin and three of its commissioners last December over the PSC ’ s @ @ @ @ @ @ @ transmission line that will run more than 100 miles through Wisconsin , cutting through several protected wildlife refuges .
Construction of the $ 492 million Cardinal-Hickory Creek transmission line would also entail the condemnation and taking of private property in rural Dane , Grant and Iowa counties in the Badger State .
The counties are in what is known as the Driftless Area , a rugged swath of forested ridges unaffected by glaciation that once spread across parts of Wisconsin , Minnesota , Iowa and Illinois .
The environmental groups say the project @ @ @ @ @ @ @ 2.2 billion over the next 40 years and could have catastrophic environmental impacts .
The groups ’ lawsuit condemns the PSC for failing to force two of its commissioners to recuse themselves from the approval process due to entanglements with the private transmission entities involved with the project .
The two PSC commissioners particularly at issue , and the two Conley did not dismiss from the advocates ’ lawsuit , are current commissioner Rebecca Valcq and Michael Huebsch , a former state lawmaker who served 16 years in the Wisconsin Assembly as a @ @ @ @ @ @ @ January .
Huebsch also served as secretary of Wisconsin ’ s Department of Administration under former Governor Scott Walker , a Republican .
Valcq , the environmentalists say , had conflicts of interest due to her connections with WEC Energy Group , a large Midwest energy firm that owns a 60 % interest in the American Transmission Company , or ATC , a private energy company headquartered in Pewaukee , Wisconsin , and one of the transmission companies attached to the project .
Valcq was regulatory counsel for We Energies for nearly 15 @ @ @ @ @ @ @ with nationwide firm Quarles & Brady before being appointed to the PSC in 2019 .
Those bringing the lawsuit say Huebsch had conflicts as a member of the advisory committee of the Midcontinent Independent System Operator , a nonprofit grid operator partnered with public utilities and transmission companies involved with the Cardinal-Hickory Creek line .
After hearing the case last week , Conley ultimately found that , as a matter of law , the plaintiffs had alleged enough in these specific facts about Valcq and Huebsch to prevent ruling against them and dismissing @ @ @ @ @ @ @ stage .
The judge , however , did not feel these allegations were especially robust and cast doubt on the environmentalists ’ success in the lawsuit ’ s next stages , saying “ plaintiffs are on notice that they will ultimately face an uphill battle in actually proving their allegations.
” It takes substantial evidence with “ specific foundation of prejudice or prejudgment ” to disprove the presumed good faith , honesty and integrity of adjudicators such as Valcq and Huebsch , the judge said .
Ellen Nowak , the third PSC commissioner @ @ @ @ @ @ @ ’ complaint , was dismissed from the suit on Friday because the plaintiffs did not allege that she was personally involved in any perceived due process violations with relation to the Cardinal-Hickory Creek line .
The PSC itself was also dismissed .
The three private entities awarded permits for the corridor—ATC , ITC Midwest and Dairyland Power Cooperative—were initially denied an opportunity to intervene in the lawsuit by Conley , but the Chicago-based Seventh Circuit reversed that decision in August , finding that the transmission companies could not be excluded from the case @ @ @ @ @ @ @ represented by the PSC or the commissioners .
The intervenors attempted to argue that state sovereign immunity and judicial immunity bar plaintiffs ’ lawsuit and that the district court should abstain from the lawsuit because the groups have filed petitions for judicial review of the PSC ’ s decision in state court as well , none of which Conley felt were applicable in his Friday ruling .
Attorneys and representatives with the environmental groups , utility companies and PSC could not immediately be reached for comment on Friday .

A Wisconsin federal judge decided on Friday to let environmentalists challenging a multistate power line corridor proceed with their claims against two state commissioners they claim were biased in approving the corridor in the face of conflicts of interest.
MADISON, Wis. (CN) — A Wisconsin federal judge decided on Friday to let environmentalists challenging a multistate power line corridor proceed with their claims against two state commissioners they claim were biased in approving the corridor in the face of conflicts of interest.
While allowing constitutional due process claims to proceed against the two commissioners in question, U.S. District Court Judge William Conley’s 36-page opinion did toss the environmental advocates’ Fifth Amendment takings claims because they did not meet the “daunting burden” to prove that the planned taking of private land for the public use of the transmission line amounts to a constitutional violation.
“At most, plaintiffs allege that the costs of the line will exceed the public benefits, and there are better alternatives available, but this argument invites judicial oversight over complicated policy considerations, rather than merely questioning whether the line advances a ‘conceivable public purpose,’” the Barack Obama appointee said.
The Driftless Area Land Conservancy and Wisconsin Wildlife Federation sued the Public Service Commission of Wisconsin and three of its commissioners last December over the PSC’s approval of a 345 kilovolt, 17-story-high transmission line that will run more than 100 miles through Wisconsin, cutting through several protected wildlife refuges.
Construction of the $492 million Cardinal-Hickory Creek transmission line would also entail the condemnation and taking of private property in rural Dane, Grant and Iowa counties in the Badger State. The counties are in what is known as the Driftless Area, a rugged swath of forested ridges unaffected by glaciation that once spread across parts of Wisconsin, Minnesota, Iowa and Illinois. The environmental groups say the project could cost Midwest taxpayers more than $2.2 billion over the next 40 years and could have catastrophic environmental impacts.
The groups’ lawsuit condemns the PSC for failing to force two of its commissioners to recuse themselves from the approval process due to entanglements with the private transmission entities involved with the project.
The two PSC commissioners particularly at issue, and the two Conley did not dismiss from the advocates’ lawsuit, are current commissioner Rebecca Valcq and Michael Huebsch, a former state lawmaker who served 16 years in the Wisconsin Assembly as a Republican and resigned from the PSC in January. Huebsch also served as secretary of Wisconsin’s Department of Administration under former Governor Scott Walker, a Republican.
Valcq, the environmentalists say, had conflicts of interest due to her connections with WEC Energy Group, a large Midwest energy firm that owns a 60% interest in the American Transmission Company, or ATC, a private energy company headquartered in Pewaukee, Wisconsin, and one of the transmission companies attached to the project. Valcq was regulatory counsel for We Energies for nearly 15 years, then represented the utility company with nationwide firm Quarles & Brady before being appointed to the PSC in 2019.
Those bringing the lawsuit say Huebsch had conflicts as a member of the advisory committee of the Midcontinent Independent System Operator, a nonprofit grid operator partnered with public utilities and transmission companies involved with the Cardinal-Hickory Creek line.
After hearing the case last week, Conley ultimately found that, as a matter of law, the plaintiffs had alleged enough in these specific facts about Valcq and Huebsch to prevent ruling against them and dismissing the two commissioners outright at the pleadings stage.
The judge, however, did not feel these allegations were especially robust and cast doubt on the environmentalists’ success in the lawsuit’s next stages, saying “plaintiffs are on notice that they will ultimately face an uphill battle in actually proving their allegations.”
It takes substantial evidence with “specific foundation of prejudice or prejudgment” to disprove the presumed good faith, honesty and integrity of adjudicators such as Valcq and Huebsch, the judge said.
Ellen Nowak, the third PSC commissioner named as a defendant in the advocates’ complaint, was dismissed from the suit on Friday because the plaintiffs did not allege that she was personally involved in any perceived due process violations with relation to the Cardinal-Hickory Creek line. The PSC itself was also dismissed.
The three private entities awarded permits for the corridor—ATC, ITC Midwest and Dairyland Power Cooperative—were initially denied an opportunity to intervene in the lawsuit by Conley, but the Chicago-based Seventh Circuit reversed that decision in August, finding that the transmission companies could not be excluded from the case because their interests may not be adequately represented by the PSC or the commissioners.
The intervenors attempted to argue that state sovereign immunity and judicial immunity bar plaintiffs’ lawsuit and that the district court should abstain from the lawsuit because the groups have filed petitions for judicial review of the PSC’s decision in state court as well, none of which Conley felt were applicable in his Friday ruling.
Attorneys and representatives with the environmental groups, utility companies and PSC could not immediately be reached for comment on Friday.


courthousenews--2020-11-20--Top Florida Health Insurer Pushes Back on Antitrust Claims

ATLANTA ( CN ) — An attorney for Florida Blue , the state ’ s largest health insurer , asked an 11th Circuit panel Friday to uphold a ruling finding the company did not violate antitrust laws by preventing insurance brokers from selling policies for a competitor .
Oscar Insurance Company of Florida brought the case to the Atlanta-based appeals court after a federal judge ruled last year that Florida Blue , also known as Blue Cross and Blue Shield of Florida , had not illegally blocked Oscar ’ s entrance into the Orlando health insurance policy market by coercing @ @ @ @ @ @ @ policies .
An attorney representing Oscar argued that Florida Blue had brokers sign an exclusivity agreement that they enforced “ with a vengeance ” to keep Oscar out of the market and to “ preserve [ Florida Blue ’ s ] monopoly position.
” Oscar claims that the combined forces of Florida Blue ’ s dominant market share and the exclusivity policy effectively cuts competitors off from brokers who are responsible for selling the majority of individual health plans in Orlando .
Seth Waxman of WilmerHale told a three-judge panel of the 11th @ @ @ @ @ @ @ the agreements by threatening to withhold earned commission payments from brokers who sell Oscar ’ s policies .
Arguing on behalf of Florida Blue , attorney Evan Chesler of Cravath Swaine & Moore strongly denied that the broker agreements are coercive .
Chesler said the agreements merely represent “ the terms for which they ’ re working for us.
” “ The terms of the agreement are , you will either work for us as an exclusive agent or you will not work for us , ” Chesler said .
“ We make @ @ @ @ @ @ @ will hire you but only if you sell these policies exclusively for us .
If you sell them for anybody else , you ’ re out , ” he added .
“ People don ’ t have to work for us .
They could say , I don ’ t want to be exclusive so I ’ m not taking your deal.
” But Waxman told the panel that Florida Blue “ leveraged its monopoly power to coerce brokers to cut ties with Oscar by threatening to terminate those who signed up with @ @ @ @ @ @ @ from selling Florida Blue insurance of any type , anywhere.
” Assistant Attorney General Makan Delrahim , chief of the U.S. Department of Justice ’ s Antitrust Division , also appeared before the panel Friday .
Delrahim , a Donald Trump appointee , told the panel that the government is “ concerned that the district court has misinterpreted the laws as to what conduct or transactions should be subject to the antitrust laws.
” U.S. District Judge Paul Byron in Orland had ruled that the McCarren-Ferguson Act , which immunizes insurers from federal @ @ @ @ @ @ @ exempted Florida Blue ’ s exclusivity policy from federal and Florida antitrust law .
Byron , a Barack Obama appointee , found that Florida Blue ’ s “ use of exclusive brokers is part of the relationship between the policyholder and the insurer ” and ruled that the challenged broker agreements do not involve coercion .
“ The brokers agreed to work exclusively for Florida Blue in exchange for access to all of Florida Blue ’ s product lines .
The consequences of violating the agreement is the broker ’ s inability to @ @ @ @ @ @ @ is nothing coercive about enforcing the contractual relationship , ” Byron wrote .
The federal government filed an amicus brief in the case supporting Oscar , arguing that Byron incorrectly concluded that Florida Blue ’ s conduct to enforce broker exclusivity is not “ coercion ” and requesting that the 11th Circuit reverse the decision .
“ The district court ’ s sweeping interpretation of the McCarran-Ferguson exemption disregards Supreme Court precedent and would deny Floridians purchasing health insurance the protections of federal antitrust law , ” the brief states .
The 11th @ @ @ @ @ @ @ Circuit Judge Beverly Martin , an Obama appointee , and U.S .
Circuit Judges Robert Luck and Andrew Brasher , both Trump appointees .
The judges did not indicate when they will issue a ruling in the case .

An attorney for Florida Blue, the state’s largest health insurer, asked an 11th Circuit panel Friday to uphold a ruling finding the company did not violate antitrust laws by preventing insurance brokers from selling policies for a competitor.
ATLANTA (CN) — An attorney for Florida Blue, the state’s largest health insurer, asked an 11th Circuit panel Friday to uphold a ruling finding the company did not violate antitrust laws by preventing insurance brokers from selling policies for a competitor.
Oscar Insurance Company of Florida brought the case to the Atlanta-based appeals court after a federal judge ruled last year that Florida Blue, also known as Blue Cross and Blue Shield of Florida, had not illegally blocked Oscar’s entrance into the Orlando health insurance policy market by coercing brokers not to sell Oscar’s policies.
An attorney representing Oscar argued that Florida Blue had brokers sign an exclusivity agreement that they enforced “with a vengeance” to keep Oscar out of the market and to “preserve [Florida Blue’s] monopoly position.”
Oscar claims that the combined forces of Florida Blue’s dominant market share and the exclusivity policy effectively cuts competitors off from brokers who are responsible for selling the majority of individual health plans in Orlando.
Seth Waxman of WilmerHale told a three-judge panel of the 11th Circuit on Friday that Florida Blue enforced the agreements by threatening to withhold earned commission payments from brokers who sell Oscar’s policies.
Arguing on behalf of Florida Blue, attorney Evan Chesler of Cravath Swaine & Moore strongly denied that the broker agreements are coercive.
Chesler said the agreements merely represent “the terms for which they’re working for us.”
“The terms of the agreement are, you will either work for us as an exclusive agent or you will not work for us,” Chesler said.
“We make a deal with the agent and say…we will hire you but only if you sell these policies exclusively for us. If you sell them for anybody else, you’re out,” he added. “People don’t have to work for us. They could say, I don’t want to be exclusive so I’m not taking your deal.”
But Waxman told the panel that Florida Blue “leveraged its monopoly power to coerce brokers to cut ties with Oscar by threatening to terminate those who signed up with Oscar and to permanently bar disobedient brokers from selling Florida Blue insurance of any type, anywhere.”
“That is prototypical coercion,” Waxman said.
Assistant Attorney General Makan Delrahim, chief of the U.S. Department of Justice’s Antitrust Division, also appeared before the panel Friday.
Delrahim, a Donald Trump appointee, told the panel that the government is “concerned that the district court has misinterpreted the laws as to what conduct or transactions should be subject to the antitrust laws.”
U.S. District Judge Paul Byron in Orland had ruled that the McCarren-Ferguson Act, which immunizes insurers from federal lawsuits involving the business of insurance, exempted Florida Blue’s exclusivity policy from federal and Florida antitrust law.
Byron, a Barack Obama appointee, found that Florida Blue’s “use of exclusive brokers is part of the relationship between the policyholder and the insurer” and ruled that the challenged broker agreements do not involve coercion.
“The brokers agreed to work exclusively for Florida Blue in exchange for access to all of Florida Blue’s product lines. The consequences of violating the agreement is the broker’s inability to sell insurance for Florida Blue. There is nothing coercive about enforcing the contractual relationship,” Byron wrote.
The federal government filed an amicus brief in the case supporting Oscar, arguing that Byron incorrectly concluded that Florida Blue’s conduct to enforce broker exclusivity is not “coercion” and requesting that the 11th Circuit reverse the decision.
“The district court’s sweeping interpretation of the McCarran-Ferguson exemption disregards Supreme Court precedent and would deny Floridians purchasing health insurance the protections of federal antitrust law,” the brief states.
The 11th Circuit panel was comprised of U.S. Circuit Judge Beverly Martin, an Obama appointee, and U.S. Circuit Judges Robert Luck and Andrew Brasher, both Trump appointees. The judges did not indicate when they will issue a ruling in the case.


courthousenews--2020-11-20--Conservationists Challenge ‘Destructive’ Central California Dam Project

( CN ) — A proposed dam in California ’ s Central Valley is billed as a vital agricultural resource .
But conservationists say it would also flood important cultural and recreational sites for surrounding communities and destroy wildlife habitat .
Del Puerto Canyon near Patterson , California , is a “ treasured place ” supplying critical habitat for protected plants and animals as well as bicycle routes , hiking trails and bird-watching areas for residents , according to a lawsuit filed Friday in Stanislaus County Superior Court .
The entrance to the canyon area , called the “ gateway @ @ @ @ @ @ @ management officials propose constructing Del Puerto Canyon Reservoir .
But the dam , which would store approximately 82,000 acre-feet of water for nearby agricultural operations , would do more harm than good .
Plaintiffs Sierra Club , Center for Biological Diversity , California Native Plant Society and Friends of the River claim officials ’ own impact report concludes the project would destroy indigenous cultural sites and emit dangerous greenhouse gases .
Water pumped from the Sacramento-San Joaquin Delta would also destroy habitat for California red-legged frogs , California tiger salamanders and golden eagles @ @ @ @ @ @ @ under state law .
But the Del Puerto Water District ’ s 1,500-page assessment of the project ’ s environmental impact falls short of requirements for comprehensive review under the California Environmental Quality Act , the conservationists say in their 28-page lawsuit .
Center for Biological Diversity attorney Ross Middlemiss said in a statement the water district must revamp the entire project to meet the CEQA standards .
“ The water district ’ s environmental review didn ’ t even attempt to determine how many of these imperiled animals would be harmed by @ @ @ @ @ @ @ “ Officials ’ vague promises to look just before the bulldozers start won ’ t protect these iconic species from the project ’ s destruction.
” Sean Wirth of the Sierra Club said in the statement the project also poses a risk to nearby communities if its structural integrity ever fails .
“ The district ’ s plan to destroy this precious local landscape , and further strain the seriously imperiled delta ecosystem , is sad and unfortunate , ” Wirth said .
“ This project would erase an important part of the @ @ @ @ @ @ @ nearby nature , while also putting the residents of Patterson at risk should the dam fail.
” Patterson , a city of about 22,000 known as “ The Apricot Capital of the World , ” sits just a few miles from the canyon ’ s entrance .
Conservationists seek a court order overturning the district ’ s certification of the proposed dam and a temporary restraining order and preliminary injunction blocking the district ’ s implementation of the project .
A spokesperson for the Del Puerto Water District did not immediately respond to @ @ @ @ @ @ @ Stork of Friends of the River said in a statement the dam would draw more water than allowed under current contracts and strain a delta water system that ’ s on the brink of collapse .
“ Sucking more water from the delta is not the solution to California ’ s water supply challenges , ” Stork said .
“ This reservoir will only fuel increased demand among the agricultural interests of the San Joaquin Valley , worsening dependence on the already strained delta.
” Nick Jensen of the California Native Plant Society @ @ @ @ @ @ @ such as the big tarplant , diamond-petaled California poppy and Lemmon ’ s jewelflower face obliteration by the project .
“ Del Puerto Canyon is an important botanical and cultural resource , ” Jensen said .
“ When a project ’ s analysis of impacts misses the crucial first step of information gathering — like here , where the plant surveys conducted were inconclusive at best — it renders the entire environmental review process meaningless .
”

A proposed dam in California’s Central Valley is billed as a vital agricultural resource. But conservationists say it would also flood important cultural and recreational sites for surrounding communities and destroy wildlife habitat.
(CN) — A proposed dam in California’s Central Valley is billed as a vital agricultural resource. But conservationists say it would also flood important cultural and recreational sites for surrounding communities and destroy wildlife habitat.
Del Puerto Canyon near Patterson, California, is a “treasured place” supplying critical habitat for protected plants and animals as well as bicycle routes, hiking trails and bird-watching areas for residents, according to a lawsuit filed Friday in Stanislaus County Superior Court.
The entrance to the canyon area, called the “gateway,” is the area where water management officials propose constructing Del Puerto Canyon Reservoir.
But the dam, which would store approximately 82,000 acre-feet of water for nearby agricultural operations, would do more harm than good. Plaintiffs Sierra Club, Center for Biological Diversity, California Native Plant Society and Friends of the River claim officials’ own impact report concludes the project would destroy indigenous cultural sites and emit dangerous greenhouse gases.
Water pumped from the Sacramento-San Joaquin Delta would also destroy habitat for California red-legged frogs, California tiger salamanders and golden eagles, all of which are protected species under state law.
But the Del Puerto Water District’s 1,500-page assessment of the project’s environmental impact falls short of requirements for comprehensive review under the California Environmental Quality Act, the conservationists say in their 28-page lawsuit.
Center for Biological Diversity attorney Ross Middlemiss said in a statement the water district must revamp the entire project to meet the CEQA standards.
“The water district’s environmental review didn’t even attempt to determine how many of these imperiled animals would be harmed by the project,” Middlemiss said. “Officials’ vague promises to look just before the bulldozers start won’t protect these iconic species from the project’s destruction.”
Sean Wirth of the Sierra Club said in the statement the project also poses a risk to nearby communities if its structural integrity ever fails.
“The district’s plan to destroy this precious local landscape, and further strain the seriously imperiled delta ecosystem, is sad and unfortunate,” Wirth said. “This project would erase an important part of the area’s history and access to nearby nature, while also putting the residents of Patterson at risk should the dam fail.”
Patterson, a city of about 22,000 known as "The Apricot Capital of the World," sits just a few miles from the canyon’s entrance.
Conservationists seek a court order overturning the district’s certification of the proposed dam and a temporary restraining order and preliminary injunction blocking the district’s implementation of the project.
A spokesperson for the Del Puerto Water District did not immediately respond to an emailed request for comment.
Ron Stork of Friends of the River said in a statement the dam would draw more water than allowed under current contracts and strain a delta water system that’s on the brink of collapse.
“Sucking more water from the delta is not the solution to California’s water supply challenges,” Stork said. “This reservoir will only fuel increased demand among the agricultural interests of the San Joaquin Valley, worsening dependence on the already strained delta.”
Nick Jensen of the California Native Plant Society said in the statement rare plant species such as the big tarplant, diamond-petaled California poppy and Lemmon’s jewelflower face obliteration by the project.
"Del Puerto Canyon is an important botanical and cultural resource,” Jensen said. “When a project's analysis of impacts misses the crucial first step of information gathering — like here, where the plant surveys conducted were inconclusive at best — it renders the entire environmental review process meaningless.”


courthousenews--2020-11-20--11th Circuit Splits With Sister Courts on Gay Conversion Bans

The panel led by two Trump appointees went against rulings in the Ninth and Third Circuits that upheld bans on juvenile gay conversion therapy .
( CN ) — The 11th Circuit on Friday struck down bans on juvenile gay conversion therapy in South Florida , finding that therapists ’ free speech rights trump medical consensus about the harms associated with trying to change teenagers ’ sexual orientation .
Creating a split with the Ninth and Third Circuits , a divided panel ruled that a pair of South Florida laws that fined therapists for performing gay conversion therapy on kids @ @ @ @ @ @ @ Boca Raton , a city within the county ’ s boundaries , had enacted the laws in 2017 , citing studies warning that juvenile gay conversion therapy poses a risk of psychological harm .
U.S .
Circuit Judge Britt Grant , a Donald Trump appointee , discounted findings from what she referred to as “ professional societies ” including the American Academy of Pediatrics , which found that gay conversion therapy “ can provoke guilt and anxiety while having little or no potential for achieving changes ” in sexual orientation .
“ Although @ @ @ @ @ @ @ these groups are composed of educated men and women acting in good faith , their institutional positions can not define the boundaries of constitutional rights , ” Grant wrote for the majority .
Grant rejected the local governments ’ argument that they have broad authority to regulate therapists ’ conversations with patients as professional conduct .
The governments had argued that if therapist sessions were protected by the same free-speech rights as those imparted to the general public , there would be no way to regulate therapists at all since their treatment consists @ @ @ @ @ @ @ wrote in response : “ If speaking to clients is not speech , the world is truly upside down .
These ordinances sanction speech directly , not incidentally.
” The 11th Circuit decision tosses out a lower court ruling that upheld the gay conversion bans .
The plaintiffs in the case were Robert Otto and Julie Hamilton , a pair of licensed South Florida therapists .
They claim they do not use harsh methods such as a shaming in their conversion therapy sessions .
According to their attorney , they “ don ’ @ @ @ @ @ @ @ therapy , meaning they don ’ t encourage kids to change sexual orientation unless the children express a desire to do so .
Grant was joined in the majority by U.S .
Circuit Judge Barbara Lagoa , another Trump appointee .
Their decision hinged largely on a 2009 American Psychological Association report that found more research is needed to determine the psychological effects of so-called “ non-aversive ” gay conversion therapy , which supposedly avoids attaching negative connotations to homosexuality .
The APA ’ s current stance is that “ there is insufficient @ @ @ @ @ @ @ interventions to change sexual orientation.
” After completing the 2009 assessment , the organization noted that patients ’ “ hope of sexual orientation change followed by the failure of the treatment was identified as a significant cause of distress and negative self-image.
” Grant acknowledged that the court ’ s decision “ allows speech that many find concerning—even dangerous.
” “ But consider the alternative .
If the speech restrictions in these ordinances can stand , then so can their inverse .
Local communities could prevent therapists from validating a client ’ s @ @ @ @ @ @ @ that message harmful , ” the judge wrote .
U.S .
Circuit Judge Beverly Martin penned a dissent , saying she would uphold the bans regardless of whether the therapists ’ gay conversion therapy sessions are considered speech or professional conduct .
Martin , a Barack Obama appointee , wrote that regulation of “ a harmful medical practice affecting vulnerable minors ” falls within the narrow range of permissibility where government can curtail speech .
Martin said there is a “ mountain of rigorous evidence ” on the dangers of performing gay conversion @ @ @ @ @ @ @ APA ] Task Force Report catalogued recent studies reporting that patients who undergo [ sexual orientation change therapy ] experience negative consequences including ‘ anger , anxiety , confusion , depression , grief , guilt , hopelessness , deteriorated relationships with family , loss of social support , loss of faith , poor self-image , social isolation , intimacy difficulties , intrusive imagery , suicidal ideation , self-hatred , and sexual dysfunction , ’ ” the judge wrote .
Martin wrote that controlled , clinical studies on juvenile gay conversion therapy – the @ @ @ @ @ @ @ be unethical to perform since the practice is so widely deemed to be harmful .
Jamie Alan Cole , an attorney for the city of Boca Raton , declined to comment on the specifics of the case when reached by Courthouse News .
He said “ this is a difficult legal issue , as evidenced by the split decision.
” “ The city is analyzing the decision to determine how to proceed , ” Cole said .
Sister courts in the Ninth and Third Circuits in 2014 upheld similar bans on juvenile gay @ @ @ @ @ @ @ down before the Supreme Court ’ s ruling in NIFLA v. Becerra .
In that case , the high court struck down a California law requiring that pregnancy counseling centers give patients notice that the state has public programs providing free or low-cost contraception and abortion .
Justice Clarence wrote for the majority that the Supreme Court “ has not recognized ‘ professional speech ’ as a separate category of speech subject to different rules .
”

The 11th Circuit on Friday struck down bans on juvenile gay conversion therapy in South Florida, finding that therapists' free speech rights trumped medical organizations' consensus about the harms associated with trying to change teenagers' sexual orientation.
(CN) — The 11th Circuit on Friday struck down bans on juvenile gay conversion therapy in South Florida, finding that therapists' free speech rights trump medical consensus about the harms associated with trying to change teenagers' sexual orientation.
Creating a split with the Ninth and Third Circuits, a divided panel ruled that a pair of South Florida laws that fined therapists for performing gay conversion therapy on kids were unconstitutional.
Palm Beach County and Boca Raton, a city within the county's boundaries, had enacted the laws in 2017, citing studies warning that juvenile gay conversion therapy poses a risk of psychological harm.
U.S. Circuit Judge Britt Grant, a Donald Trump appointee, discounted findings from what she referred to as "professional societies" including the American Academy of Pediatrics, which found that gay conversion therapy "can provoke guilt and anxiety while having little or no potential for achieving changes" in sexual orientation.
"Although we have no reason to doubt that these groups are composed of educated men and women acting in good faith, their institutional positions cannot define the boundaries of constitutional rights," Grant wrote for the majority.
Grant rejected the local governments' argument that they have broad authority to regulate therapists' conversations with patients as professional conduct.
The governments had argued that if therapist sessions were protected by the same free-speech rights as those imparted to the general public, there would be no way to regulate therapists at all since their treatment consists entirely of talking to patients.
Grant wrote in response: "If speaking to clients is not speech, the world is truly upside down. These ordinances sanction speech directly, not incidentally."
The 11th Circuit decision tosses out a lower court ruling that upheld the gay conversion bans.
The decision is binding on federal courts in the 11th Circuit's jurisdiction of Florida, Alabama and Georgia. So similar bans on speech-based gay conversion therapy in those states will now be deemed unconstitutional under case law.
The plaintiffs in the case were Robert Otto and Julie Hamilton, a pair of licensed South Florida therapists. They claim they do not use harsh methods such as a shaming in their conversion therapy sessions. According to their attorney, they "don’t set the direction” of the therapy, meaning they don’t encourage kids to change sexual orientation unless the children express a desire to do so.
Grant was joined in the majority by U.S. Circuit Judge Barbara Lagoa, another Trump appointee. Their decision hinged largely on a 2009 American Psychological Association report that found more research is needed to determine the psychological effects of so-called "non-aversive" gay conversion therapy, which supposedly avoids attaching negative connotations to homosexuality.
The APA's current stance is that "there is insufficient evidence to support the use of psychological interventions to change sexual orientation." After completing the 2009 assessment, the organization noted that patients' "hope of sexual orientation change followed by the failure of the treatment was identified as a significant cause of distress and negative self-image."
Grant acknowledged that the court's decision "allows speech that many find concerning—even dangerous."
"But consider the alternative. If the speech restrictions in these ordinances can stand, then so can their inverse. Local communities could prevent therapists from validating a client’s same-sex attractions if the city council deemed that message harmful," the judge wrote.
U.S. Circuit Judge Beverly Martin penned a dissent, saying she would uphold the bans regardless of whether the therapists' gay conversion therapy sessions are considered speech or professional conduct.
Martin, a Barack Obama appointee, wrote that regulation of "a harmful medical practice affecting vulnerable minors" falls within the narrow range of permissibility where government can curtail speech.
Martin said there is a "mountain of rigorous evidence" on the dangers of performing gay conversion therapy on youths.
"The [APA] Task Force Report catalogued recent studies reporting that patients who undergo [sexual orientation change therapy] experience negative consequences including 'anger, anxiety, confusion, depression, grief, guilt, hopelessness, deteriorated relationships with family, loss of social support, loss of faith, poor self-image, social isolation, intimacy difficulties, intrusive imagery, suicidal ideation, self-hatred, and sexual dysfunction,'” the judge wrote.
Martin wrote that controlled, clinical studies on juvenile gay conversion therapy – the kind Grant says are lacking – would be unethical to perform since the practice is so widely deemed to be harmful.
Jamie Alan Cole, an attorney for the city of Boca Raton, declined to comment on the specifics of the case when reached by Courthouse News. He said "this is a difficult legal issue, as evidenced by the split decision."
"The city is analyzing the decision to determine how to proceed," Cole said.
Sister courts in the Ninth and Third Circuits in 2014 upheld similar bans on juvenile gay conversion therapy. Those decisions were handed down before the Supreme Court's ruling in NIFLA v. Becerra.
In that case, the high court struck down a California law requiring that pregnancy counseling centers give patients notice that the state has public programs providing free or low-cost contraception and abortion. Justice Clarence Thomas wrote for the majority that the Supreme Court "has not recognized ‘professional speech’ as a separate category of speech subject to different rules."


courthousenews--2020-11-20--Virus Woes, Mnuchin Meddling Send Markets Sliding

A move by the Treasury Department to pull back funds from the Federal Reserve spooked investors on Friday , with markets dipping slightly to end a mishmash week of trading .
MANHATTAN ( CN ) — Optimism on Wall Street about two Covid-19 vaccine candidates was undercut by moves by the Treasury Department , which seeks to take back hundreds of billions of dollars in emergency spending by the year ’ s end .
Late on Thursday , Treasury Secretary Steven Mnuchin sent a letter to the Federal Reserve instructing it to return $ 455 billion in unused funds meant @ @ @ @ @ @ @ wake of the pandemic .
“ The Federal Reserve facilities supported by the Treasury ’ s contribution of CARES Act funds have clearly achieved their objective , ” Mnuchin wrote , citing recent bond spreads as evidence that the market had normalized and stating Congress should re-appropriate the funds .
“ While portions of the economy are still severely impacted and in need of additional fiscal support , financial conditions have responded and the use of these facilities has been limited.
” Markets did not seem to like the move , as the @ @ @ @ @ @ @ at the opening bell and more than doubled those losses by the closing bell , losing 219 points for the day , a 0.75 % drop .
The S & P 500 and Nasdaq also fell , by 0.6 % and 0.4 % , respectively .
Mnuchin spent Friday defending the move , saying that several lending facilities , including the central bank ’ s Paycheck Protection Program Liquidity Facility , would continue to operate .
Speaking on Friday morning to CNBC , Mnuchin said the decision was “ not a political issue @ @ @ @ @ @ @ to expire at the end of the year anyway .
“ As the Fed has always said , these are emergency tools [ and ] when the emergency ’ s over , let ’ s put ’ em away , ” Mnuchin said .
“ Well , the medical emergency may not be over , but I think we ’ d agree the financial conditions are in great shape .
Corporate bonds have come in , municipals have come in , mortgages have come in , the stock market has rebounded.
” He @ @ @ @ @ @ @ giving him a blank check to spend money , and now some of them are now criticizing him for returning the funds to be used to help small businesses .
“ The options are the options , ” Mnuchin said .
“ Whether it ’ s myself or somebody else , these can be reactivated with exchange stabilization funds.
” The Fed may not agree , though .
“ The Federal Reserve would prefer that the full suite of emergency facilities established during the coronavirus pandemic continue to serve their important role as @ @ @ @ @ @ @ economy , ” the central bank said in a statement .
Many investors and analysts had credited the Fed with propping up markets with its various liquidity programs , as well as keeping interest rates low .
Technically , the Fed could use its Core Exchange Stabilization Fund to reestablish the lending facilities that expire at the end of the year .
But some speculate the central bank ’ s firepower under those programs would be reduced tenfold .
“ The emergency lending facilities have been little-used , but their existence has been @ @ @ @ @ @ @ financial market stress , ” wrote Gregory Daco , chief economist at Oxford Economics .
“ With the Covid-19 crisis worsening and activity slowing in the absence of fiscal aid , the decision to curtail the Fed ’ s firepower could unsettle markets and exacerbate economic stress.
” Daco noted there would be risk to struggling small- and mid-sized companies , as their access to credit would be constrained , as would that of municipalities facing a budget crisis .
“ With partisanship in Congress preventing the delivery of urgently needed fiscal aid @ @ @ @ @ @ @ debt servicing concern , Mnuchin ’ s justification appears poorly grounded , ” he wrote .
That sentiment was echoed by Neil Bradley , chief lobbyist at the U.S. Chamber of Commerce , who predicted that ending the liquidity programs “ prematurely and unnecessarily ties the hands of the incoming administration , and closes the door on important liquidity options for businesses at a time when they need them the most.
” Others lauded the decision , however , noting that the Fed funding programs had a lot of money untapped .
“ @ @ @ @ @ @ @ as originally thought , ” wrote James Mayer at Tower Bridge Advisors .
“ My guess is that we will learn that the economy probably needs less additional stimulus than we thought even a few weeks ago .
Do we really need to write checks for most Americans when unemployment is back below 7 % and GDP is rising even with a virus surge ?
” According to the Fed ’ s recent balance sheets , as of November 18 , the Fed has received more than $ 114 billion in Treasury funding @ @ @ @ @ @ @ 37.5 billion for the Corporate Credit Facilities and $ 17.5 billion for the Municipal Liquidity Facility .
Pennsylvania Senator Pat Toomey said in a statement that the lending facilities were meant to be temporary .
“ Congress ’ s intent was clear : these facilities were meant to be temporary , to provide liquidity , and to cease operations by the end of 2020 , ” said Toomey , who is a Republican .
Peter Boockvar , chief investment officer at Bleakley Advisory Group , said it was “ good riddance ” to @ @ @ @ @ @ @ corporate credit facilities .
“ It was a bridge too far to argue that buying the bonds of Apple and McDonald ’ s was needed , as if there weren ’ t any private buyers for them , ” wrote Boockvar , who often criticizes the Fed .
“ The Main Street Lending Program sounds great on paper , but what many small- and medium-sized businesses need right now is equity , not more debt.
” As to what effect the current virus surge will have on the economy , it is still @ @ @ @ @ @ @ data compiled by Johns Hopkins University , there have been more than 57 million cases of Covid-19 worldwide , with 1.3 million deaths .
In the United States , 11.7 million Americans have contracted the disease , while about 253,000 have died .
On Thursday , the United States reported more than 187,000 new cases , a new daily record .
Fortunately , news on the vaccine front continues to be positive .
On Friday , Pfizer and BioNTech officially announced they would soon emergency use authorization from the U.S. Food and Drug @ @ @ @ @ @ @ which could make doses available for some of the population as soon as mid-December .
But the news did not move markets — unlike the rally that occurred two weeks ago upon news that the vaccine candidate was more than 90 % effective in preventing Covid-19 infection .
Pfizer has since amended its research to show its candidate is 95 % effective in preventing infection .
The Pfizer candidate is not the only promising vaccine .
On Monday , Moderna announced that its candidate was 94.5 % effective in preventing coronavirus .
Markets @ @ @ @ @ @ @ the news , with the Dow gaining 471 points and the S & P 500 climbing 40 points .
While the vaccine news has been a boon to investors , some say it does not fundamentally change economic projections .
On Tuesday , European Central Bank President Christine Lagarde warned that any benefits from the quicker deployment of a vaccine are being offset by the larger-than-dreaded second wave of the pandemic .
“ I ’ m not sure that is going to be a major game changer for our forecasts , simply because @ @ @ @ @ @ @ was that at some state in the first half of 2021 there would be a vaccine and that it would be rolled out in the course of 2021 , ” Lagarde said .
“ It might be a little bit accelerated … but I don ’ t think it will be a game changer so to speak.
” The ECB will update its economic forecast on December 10 .
Other economic indicators during the week provided more of a mixed bag of optimism and pessimism .
Earlier in the week , the National @ @ @ @ @ @ @ among its members , as its survey gained 5 points from October , setting a new record high in builder confidence .
With favorable mortgage rates and an ongoing suburban shift , the NAHB says builders are being restrained only by a lack of materials or space .
“ Though builders continue to sign sales contracts at a solid pace , lot and material availability is holding back some building activity , ” said NAHB Chairman Chuck Fowke in a statement .
“ Looking ahead to next year , regulatory policy risk will @ @ @ @ @ @ @ constraints.
” Fowke noted that construction costs are continuing to rise , making affordability an ongoing concern .
On Thursday , however , new unemployment claims picked up by 31,000 , the first increase in about a month .
The number of claims under the Pandemic Unemployment Assistance program also increased , from 296,000 the week ending November 7 to 320,000 last week .

A move by the Treasury Department to pull back funds from the Federal Reserve spooked investors on Friday, with markets dipping slightly to end a mishmash week of trading.
MANHATTAN (CN) — Optimism on Wall Street about two Covid-19 vaccine candidates was undercut by moves by the Treasury Department, which seeks to take back hundreds of billions of dollars in emergency spending by the year’s end.
Late on Thursday, Treasury Secretary Steven Mnuchin sent a letter to the Federal Reserve instructing it to return $455 billion in unused funds meant to prop up bond markets in the wake of the pandemic.
“The Federal Reserve facilities supported by the Treasury’s contribution of CARES Act funds have clearly achieved their objective,” Mnuchin wrote, citing recent bond spreads as evidence that the market had normalized and stating Congress should re-appropriate the funds. “While portions of the economy are still severely impacted and in need of additional fiscal support, financial conditions have responded and the use of these facilities has been limited.”
Markets did not seem to like the move, as the Dow Jones Industrial Average shed 100 points at the opening bell and more than doubled those losses by the closing bell, losing 219 points for the day, a 0.75% drop. The S&P 500 and Nasdaq also fell, by 0.6% and 0.4%, respectively.
Mnuchin spent Friday defending the move, saying that several lending facilities, including the central bank’s Paycheck Protection Program Liquidity Facility, would continue to operate. Speaking on Friday morning to CNBC, Mnuchin said the decision was “not a political issue” and that the funds were set to expire at the end of the year anyway.
“As the Fed has always said, these are emergency tools [and] when the emergency’s over, let’s put ’em away,” Mnuchin said. “Well, the medical emergency may not be over, but I think we’d agree the financial conditions are in great shape. Corporate bonds have come in, municipals have come in, mortgages have come in, the stock market has rebounded.”
He also noted Democrats initially had worried about giving him a blank check to spend money, and now some of them are now criticizing him for returning the funds to be used to help small businesses.
“The options are the options,” Mnuchin said. “Whether it’s myself or somebody else, these can be reactivated with exchange stabilization funds.”
The Fed may not agree, though. “The Federal Reserve would prefer that the full suite of emergency facilities established during the coronavirus pandemic continue to serve their important role as a backstop for our still-strained and vulnerable economy,” the central bank said in a statement.
Many investors and analysts had credited the Fed with propping up markets with its various liquidity programs, as well as keeping interest rates low.
Technically, the Fed could use its Core Exchange Stabilization Fund to reestablish the lending facilities that expire at the end of the year. But some speculate the central bank’s firepower under those programs would be reduced tenfold.
“The emergency lending facilities have been little-used, but their existence has been key in ensuring a credible safeguard against financial market stress,” wrote Gregory Daco, chief economist at Oxford Economics. “With the Covid-19 crisis worsening and activity slowing in the absence of fiscal aid, the decision to curtail the Fed’s firepower could unsettle markets and exacerbate economic stress.”
Daco noted there would be risk to struggling small- and mid-sized companies, as their access to credit would be constrained, as would that of municipalities facing a budget crisis. “With partisanship in Congress preventing the delivery of urgently needed fiscal aid, and low rates negating any imminent debt servicing concern, Mnuchin’s justification appears poorly grounded,” he wrote.
That sentiment was echoed by Neil Bradley, chief lobbyist at the U.S. Chamber of Commerce, who predicted that ending the liquidity programs “prematurely and unnecessarily ties the hands of the incoming administration, and closes the door on important liquidity options for businesses at a time when they need them the most.”


Bump Stocks

LOUISVILLE , Ky. — A federal court in Kentucky ruled in favor of the Bureau of Alcohol , Tobacco , @ @ @ @ @ suit challenging its classification of bump stocks as machine guns following the 2017 mass shooting @ @ @ @ @ the classification was not arbitrary or capricious .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


Burst Pipeline

VENTURA , Calif. — An appeals court in California reversed a ruling in favor of Plains Pipeline , whose pipeline @ @ @ @ @ in 2015 , in a dispute brought by the State Lands Commission , which claimed @ @ @ @ @ maintenance disrupted payment of royalty income to the commission and caused damages to improvements on @ @ @ @ @ as a public utility , the company is not exempt from liability .


Border Patrol

SAN FRANCISCO — The Ninth Circuit ruled that Bivins remedies are available to a bed and breakfast owner who claims @ @ @ @ @ his First and Fourth Amendment rights by unlawfully using his driveway to question guests , @ @ @ @ @ being asked to leave , and asking the IRS to look into his tax status @


courthousenews--2020-11-21--Death of a Candidate

Death of a Candidate

ST. LOUIS — The death of Legal Marijuana Now Party candidate Adam Weeks , who was vying for a Minnesota @ @ @ @ @ , is “ not the sort of exigent circumstance ” that allows the state to @ @ @ @ @ for that seat , the Eighth Circuit ruled .


Police Beating

NEW ORLEANS — Two Gretna , Louisiana , police officers who beat and tased an unarmed man with paranoid schizophrenia @ @ @ @ @ died two days later — are not entitled to qualified immunity on excessive force claims @ @ @ @ @ .
The man , who was not suspected of any crime and did not struggle @ @ @ @ @ for his mother and pleaded for someone to “ call the real police ” as @ @ @ @ @ .
Nine bystander officers who observed the incident but did not attempt to stop it @ @ @ @ @ the court ruled .

Two Gretna, Louisiana, police officers who beat and tased an unarmed man with paranoid schizophrenia — who became unresponsive and died two days later — are not entitled to qualified immunity on excessive force claims, the Fifth Circuit ruled. The man, who was not suspected of any crime, was curled in a fetal position and did not struggle against the officers, called for his mother and pleaded for someone to “call the real police” as he sustained 26 blunt-force injuries.
NEW ORLEANS — Two Gretna, Louisiana, police officers who beat and tased an unarmed man with paranoid schizophrenia — he became unresponsive and died two days later — are not entitled to qualified immunity on excessive-force claims, the Fifth Circuit ruled. The man, who was not suspected of any crime and did not struggle against the officers, called for his mother and pleaded for someone to “call the real police” as he sustained 26 blunt-force injuries.
Nine bystander officers who observed the incident but did not attempt to stop it are entitled to immunity, the court ruled.


courthousenews--2020-11-21--Los Angeles County on the Brink of New Health Orders Amid Surge in Covid Cases

LOS ANGELES ( CN ) — Over 13,000 new Covid-19 cases were reported in California on Friday , breaking a previous record set over the summer and setting a grim tone moving into the weekend ahead of Thanksgiving , likely setting up parts of the state for more health orders .
California reported 12,800 cases on July 21 at the height of an outbreak that followed the Fourth of July holiday weekend .
On Friday , state health officials reported 13,005 new cases , meaning for the second time this year the Golden State is in the middle of a @ @ @ @ @ @ @ in Los Angeles County where health officials say the county and its more than 10 million residents are on pace for a new stay-at-home order as daily cases top 4,000 for the second day in a row .
In the last three days , LA County reported over 13,000 cases and an average of 4,415 cases per day .
Of Friday ’ s record-breaking new cases , over 4,200 were in LA County .
Starting Saturday , the county and large swaths of California that continue to see widespread infection will be under @ @ @ @ @ @ @ .
The recent surge across the Golden State has been most evident in LA County beginning at the start of the month .
On Nov. 1 , the county reported around 1,500 confirmed Covid-19 cases , but earlier this week the daily count was nearly 4,000 and on Thursday cases topped 5,000 , representing the highest daily case count on record .
Those figures put the county on track to meet two thresholds announced by county health officials this week .
If the county records a 5-day average over 4,000 cases , officials @ @ @ @ @ @ @ other businesses .
If the average reaches over 4,500 , the county would see another stay-at-home order like the rest of the state did in mid-March .
“ The data looks really bad right now , ” said LA County Public Health Director Barbara Ferrer during a Friday briefing .
“ If this does continue , we will in fact be certainly at the point where we will exceed 4,000 cases as an average over five days.
” The outlook is grim as the most recent surge has already blown past a surge @ @ @ @ @ @ @ weekend .
From June 20 to July 3 , there was a 43 % increase in the daily average of new cases and from late October to the second week of November there was an increase of 68 % , Ferrer said .
“ That number just continues to go up , ” she said .
The solutions presented by public health officials are the same as they have been throughout the pandemic : avoid interactions with people who do not live in your home , wear a mask and keep clear of @ @ @ @ @ @ @ ’ s health order will allow outdoor gatherings of up to 15 people wearing masks and maintaining physical distance while restaurants and bars will be under a 10 p.m. curfew in order to slow the spread of the virus .
Ferrer said she ’ s still not sure when a new stay-at-home order will be instituted because there ’ s a two-week lag between when a person is infected and when they are recorded positive by the county .
That means people ’ s actions two weeks ago will determine if there ’ @ @ @ @ @ @ @ “ We ’ ve been messaging for the last three weeks now for the need for people ” to slow the rate of spread in communities across the county , she said .
“ Once the rates go up , it can kind of feed upon itself , ” Ferrer said .
“ Once there are more people that are infected in the community , if everyone doesn ’ t buckle down and take extra precautions you now have more people that are capable of spreading and then more get infected and then @ @ @ @ @ @ @ others.
” Reported deaths from Covid-19 also run on a lag and are on the rise .
On Friday , LA County reported 35 deaths , 29 on Thursday and 36 on Wednesday , which illustrates a spike catching up to infections from earlier in the month .
Hospitalizations are also on the rise .
The number of people admitted to the hospital due to Covid-19 was roughly 1,300 as of Friday , up from 730 just a month ago .
Earlier this week , LA County ’ s Health Services Director Dr. @ @ @ @ @ @ @ see a surge of people admitted to hospitals due to the new cases .
That risk will increase moving into flu season and the colder weather .
Since the start of the pandemic , California has reported over one million cases , with LA County reporting more than 357,000 cases .

Over 13,000 new Covid-19 cases were reported in California on Friday, breaking a previous record set over the summer and setting a grim tone moving into the weekend ahead of Thanksgiving, likely setting up parts of the state for more health orders.
LOS ANGELES (CN) — Over 13,000 new Covid-19 cases were reported in California on Friday, breaking a previous record set over the summer and setting a grim tone moving into the weekend ahead of Thanksgiving, likely setting up parts of the state for more health orders.
California reported 12,800 cases on July 21 at the height of an outbreak that followed the Fourth of July holiday weekend. On Friday, state health officials reported 13,005 new cases, meaning for the second time this year the Golden State is in the middle of a Covid-19 surge.
That is most evident in Los Angeles County where health officials say the county and its more than 10 million residents are on pace for a new stay-at-home order as daily cases top 4,000 for the second day in a row.
In the last three days, LA County reported over 13,000 cases and an average of 4,415 cases per day.
Of Friday’s record-breaking new cases, over 4,200 were in LA County. Starting Saturday, the county and large swaths of California that continue to see widespread infection will be under a curfew to slow the rate spread.
The recent surge across the Golden State has been most evident in LA County beginning at the start of the month.
On Nov. 1, the county reported around 1,500 confirmed Covid-19 cases, but earlier this week the daily count was nearly 4,000 and on Thursday cases topped 5,000, representing the highest daily case count on record.
Those figures put the county on track to meet two thresholds announced by county health officials this week. If the county records a 5-day average over 4,000 cases, officials would close in-door dining at restaurants and other businesses. If the average reaches over 4,500, the county would see another stay-at-home order like the rest of the state did in mid-March.
“The data looks really bad right now,” said LA County Public Health Director Barbara Ferrer during a Friday briefing. “If this does continue, we will in fact be certainly at the point where we will exceed 4,000 cases as an average over five days.”
The outlook is grim as the most recent surge has already blown past a surge that followed the Fourth of July holiday weekend.
From June 20 to July 3, there was a 43% increase in the daily average of new cases and from late October to the second week of November there was an increase of 68%, Ferrer said.
“That number just continues to go up,” she said.
The solutions presented by public health officials are the same as they have been throughout the pandemic: avoid interactions with people who do not live in your home, wear a mask and keep clear of crowds.
Starting Saturday, the county’s health order will allow outdoor gatherings of up to 15 people wearing masks and maintaining physical distance while restaurants and bars will be under a 10 p.m. curfew in order to slow the spread of the virus.
Ferrer said she’s still not sure when a new stay-at-home order will be instituted because there’s a two-week lag between when a person is infected and when they are recorded positive by the county. That means people’s actions two weeks ago will determine if there’s a drop in confirmed cases.
“We’ve been messaging for the last three weeks now for the need for people” to slow the rate of spread in communities across the county, she said.
“Once the rates go up, it can kind of feed upon itself,” Ferrer said. “Once there are more people that are infected in the community, if everyone doesn’t buckle down and take extra precautions you now have more people that are capable of spreading and then more get infected and then you have more people capable of infecting others.”
Reported deaths from Covid-19 also run on a lag and are on the rise.
On Friday, LA County reported 35 deaths, 29 on Thursday and 36 on Wednesday, which illustrates a spike catching up to infections from earlier in the month.
Hospitalizations are also on the rise.
The number of people admitted to the hospital due to Covid-19 was roughly 1,300 as of Friday, up from 730 just a month ago.
Earlier this week, LA County’s Health Services Director Dr. Christina Ghaly said the county would likely see a surge of people admitted to hospitals due to the new cases.
That risk will increase moving into flu season and the colder weather.
Since the start of the pandemic, California has reported over one million cases, with LA County reporting more than 357,000 cases.


Gross!

SAN DIEGO — Several restaurants have sued the San Diego County city of Poway , claiming the city ’ s @ @ @ @ @ treatment facility led to the contamination of the city ’ s water that forced the @ @ @ @ @ .


courthousenews--2020-11-22--Judge Throws Out Trump Bid to Stop PA Vote Certification

( AP ) — Pennsylvania officials can certify election results that currently show Democrat Joe Biden winning the state by more than 80,000 votes , a federal judge ruled Saturday , dealing President Donald Trump ’ s campaign another blow in its effort to invalidate the election .
U.S. District Judge Matthew Brann in Williamsport , Pennsylvania , turned down the request for an injunction by President Donald Trump ’ s campaign , spoiling the incumbent ’ s hopes of somehow overturning the results of the presidential contest .
In his ruling , Brann said the Trump campaign presented “ @ @ @ @ @ @ @ accusations … unsupported by evidence.
” “ In the United States of America , this can not justify the disenfranchisement of a single voter , let alone all the voters of its sixth most populated state , ” the opinion said .
“ Our people , laws , and institutions demand more.
” A message seeking comment was left with the Trump campaign .
Former federal prosecutor and New York City mayor Rudy Giuliani returned to court for the first time in decades to represent the Trump campaign Tuesday , showing his rustiness @ @ @ @ @ @ @ of “ opacity , ” mistaking the judge for a federal judge in a separate district and provoking an opposing lawyer .
He repeatedly contended in court that it was illegal for counties to help people vote .
Opposing lawyer Mark Aronchick suggested Giuliani must not know the Pennsylvania election code .
Trump had argued that the U.S. Constitution ’ s guarantee of equal protection under the law was violated when Pennsylvania counties took different approaches to notifying voters before the election about technical problems with their submitted mail-in ballots .
Pennsylvania Secretary @ @ @ @ @ @ @ Biden-majority counties that the campaign sued had argued Trump had previously raised similar claims and lost .
They told Brann the remedy the Trump campaign sought , to throw out millions of votes over alleged isolated issues , was far too extreme , particularly after most of them have been tallied .
“ There is no justification on any level for the radical disenfranchisement they seek , ” Boockvar ’ s lawyers wrote in a brief filed Thursday .
Pennsylvania Attorney General Josh Shapiro , a Democrat , tweeted shortly after Brann ’ @ @ @ @ @ @ @ bites the dust.
” “ These claims were meritless from the start and for an audience of one , ” he said in a statement .
“ The will of the people will prevail .
These baseless lawsuits need to end.
” The state ’ s 20 electoral votes would not have been enough on their own to hand Trump a second term .
Counties must certify their results to Boockvar by Monday , after which she will make her own certification .
Democratic Gov .
Tom Wolf will notify the winning candidate @ @ @ @ @ @ @ vote in the Capitol on Dec. 14 .

Pennsylvania officials can certify election results that currently show Democrat Joe Biden winning the state by more than 80,000 votes, a federal judge ruled Saturday, dealing President Donald Trump's campaign another blow in its effort to invalidate the election.
(AP) — Pennsylvania officials can certify election results that currently show Democrat Joe Biden winning the state by more than 80,000 votes, a federal judge ruled Saturday, dealing President Donald Trump's campaign another blow in its effort to invalidate the election.
U.S. District Judge Matthew Brann in Williamsport, Pennsylvania, turned down the request for an injunction by President Donald Trump's campaign, spoiling the incumbent's hopes of somehow overturning the results of the presidential contest.
In his ruling, Brann said the Trump campaign presented "strained legal arguments without merit and speculative accusations ... unsupported by evidence."
"In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state," the opinion said. "Our people, laws, and institutions demand more."
A message seeking comment was left with the Trump campaign.
Former federal prosecutor and New York City mayor Rudy Giuliani returned to court for the first time in decades to represent the Trump campaign Tuesday, showing his rustiness by tripping himself up over the meaning of "opacity," mistaking the judge for a federal judge in a separate district and provoking an opposing lawyer.
He repeatedly contended in court that it was illegal for counties to help people vote. Opposing lawyer Mark Aronchick suggested Giuliani must not know the Pennsylvania election code.
Trump had argued that the U.S. Constitution's guarantee of equal protection under the law was violated when Pennsylvania counties took different approaches to notifying voters before the election about technical problems with their submitted mail-in ballots.
Pennsylvania Secretary of State Kathy Boockvar and the seven Biden-majority counties that the campaign sued had argued Trump had previously raised similar claims and lost.
They told Brann the remedy the Trump campaign sought, to throw out millions of votes over alleged isolated issues, was far too extreme, particularly after most of them have been tallied.
"There is no justification on any level for the radical disenfranchisement they seek," Boockvar's lawyers wrote in a brief filed Thursday.
Pennsylvania Attorney General Josh Shapiro, a Democrat, tweeted shortly after Brann's ruling, saying "Another one bites the dust."
"These claims were meritless from the start and for an audience of one," he said in a statement. "The will of the people will prevail. These baseless lawsuits need to end."
The state's 20 electoral votes would not have been enough on their own to hand Trump a second term. Counties must certify their results to Boockvar by Monday, after which she will make her own certification.
Democratic Gov. Tom Wolf will notify the winning candidate's electors they should appear to vote in the Capitol on Dec. 14.
By MARK SCOLFORO Associated Press


courthousenews--2020-11-21--For Groups Seeking to Engage Voters, the Effort in Georgia Not Yet Over

( CN ) — President-elect Joe Biden ’ s ultimate win in the typically deep-red Georgia within tens of thousands of votes , resulting in a hand recount of the ballots before the Peach State ’ s Secretary of State certified the results , was hard to miss .
It was the result of efforts to organize minority voting populations and years of population growth in the South and yet , the work of groups seeking to engage southern voters is still not done .
The two runoff races to determine Georgia ’ s senators will decide which party controls @ @ @ @ @ @ @ newly minted battleground-state status is often attributed to one person : Stacey Abrams , a rising star in the Democratic Party , voting rights activist and one time gubernatorial candidate .
Three days after the election , while the votes were still being counted though Biden had amassed more votes than President Donald Trump , Abrams took to Twitter to thank the voters , volunteers , organizations and grassroots activists for their “ efforts over the years to create this new Georgia ” while describing the importance of the runoff Senate races .
@ @ @ @ @ @ @ is also a story of demographic change .
The Atlanta Metro Chamber says the city is one of the fastest growing metropolitan areas in the United States .
Data on its website says the area has added about 734,000 people from 2010 to 2019 to the counties surrounding the state ’ s capital .
Professor Charles Bullock , who teaches political science at the University of Georgia , said this trend is not limited only to Georgia .
In Texas , and up and down the coastal South from Virginia to Florida , @ @ @ @ @ @ @ who are typically more liberal than the conservative long-time residents .
Gwinnett County , for instance , which sits to the east of Atlanta , is the most diverse county in Georgia , perhaps one of the most diverse counties in the nation , Bullock said .
The demographic trend towards this moment , when Georgia would be competitive , has been developing for years .
And part of the factors this year has also been the voting patterns of white , well-educated women in suburban Atlanta , Bullock said .
The last @ @ @ @ @ @ @ race , the 1992 race between Bill Clinton and George H.W .
Bush , was due in part to what ultimately propelled Clinton to the White House : the presence of third-party candidate Ross Perot who netted about 19 % of the votes that election .
Republicans won the state Legislature in the early 2000s , a moment Bullock described as the high-water mark of the Republican Party in Georgia fueled partially by redistricting .
The “ House switches in 2004 after a court case requires the redrawing of the Legislature , ” @ @ @ @ @ @ @ drawn them very aggressively and they performed , but the courts threw it out because what the Democrats had done is underpopulated south Georgia and Atlanta , where Democrats did well and overpopulated north Georgia and the suburban areas.
” In the years following though , Georgia Republicans have been winning state-wide races by thinner and thinner margins .
The flip happened , Bullock said , because Georgia makes registering to vote as simple as checking a box on its driver ’ s license forms .
Combine that with a high-interest race like @ @ @ @ @ @ @ and you get the results of the tight presidential race in Georgia .
Of course , over the weeks leading up to November , groups seeking to increase voter engagement have been sending mailers .
Union 2020 , a project linked to the progressive political consulting firm Atlas Project , sent a mailer , for instance , informing voters on the labor stances of Republican Senator David Perdue and his challenger Democrat Jon Ossoff .
Americans for Prosperity Action sent several pro-Perdue mailers reminding voters the fate of the Supreme Court sits in @ @ @ @ @ @ @ races .
The industry group for the firearms industry , the National Shooting Sports Foundation , has also sent mailers of its own and considers the runoff elections as part of the 2020 races .
“ NSSF will continue to provide an education outreach on the candidates and how their public stances and comments will affect the firearm industry and Second Amendment rights for Georgians , ” said Mark Oliva , NSSF public affairs director , in an email .
Oliva said Georgia is a “ state that values Second Amendment rights , @ @ @ @ @ @ @ such as Taurus USA , Glock and Heckler & Koch .
One mailer sent by NSSF urged voters to “ protect your rights ” and request an absentee ballot , fill it out as soon as it arrives and to promptly send it back .
The Democratic and Republican parties of Georgia did not return Courthouse News ’ requests for comment .
Meanwhile , the New Georgia Project , a group co-founded by Abrams , helped register 500,000 Georgians since its start six years ago .
During the wind-up to Nov. 3 , @ @ @ @ @ @ @ knocked on the doors of 300,000 Georgia homes , according to Erica Clemmons Dean , organizing director .
The group hopes to initiate 2 million more conversations with Georgians about the importance of the runoff election , Clemmons Dean said .
Simply signing up voters seeking driver ’ s licenses is inadequate for registering every eligible voter , Clemmons Dean said , as some people don ’ t have a Georgia driver ’ s license or miss the box at the DMV ’ s office because they perhaps believe they are already registered @ @ @ @ @ @ @ Project is to change the culture around voting , to increase the number of voters who cast ballots regularly among the state ’ s Black and brown communities as well as rural voters and voters in the southern part of the state , Clemmons Dean said .
These are “ voters not typically touched by candidates and their conversations on a consistent basis , ” Clemmons Dean said , but are directly impacted by government policies such as the issue of Medicaid expansion .
In the leadup to Election Day , New Georgia @ @ @ @ @ @ @ the streaming platform popular with video gaming enthusiasts , for a Twitch the Vote event .
During the runoff race , it planned to partner with When We All Vote to host a food drive to hand out food and encourage voter registration .
“ The barriers that we have to break through are the fact that a lot of people aren ’ t focused on that when they are hungry , ” Clemmons Dean said .
“ A lot of people aren ’ t focused on trying to go out and vote @ @ @ @ @ @ @ to Covid and now the moratorium was lifted on rent.
” The upcoming redistricting effort is a process the New Georgia Project is hoping to encourage more engagement around .
“ We flipped the state to be blue , but we need to engage more with our legislators , ” Clemmons Dean said .
“ We have a big redistricting plan that ’ s coming up and that ’ s going to be introduced statewide so we want our voters to be engaged in that process as well.
” In the coming months @ @ @ @ @ @ @ the states in the union , will go through a redistricting process after the 2020 census .
The Republican-dominated Legislature will lead that process and Bullock said they will have to confront the changing demographics of the state .
“ I think what Republicans are going to confront this next round is a realization they may not be able to save all of their people .
When you ’ re doing redistricting , you ’ re trying to come up with a plan that will last for 10 years , ” Bullock said @

The result of efforts to organize minority voting populations and years of population growth in Georgia was a win for Joe Biden, yet the work of groups seeking to engage southern voters is still not done.
(CN) — President-elect Joe Biden’s ultimate win in the typically deep-red Georgia within tens of thousands of votes, resulting in a hand recount of the ballots before the Peach State’s Secretary of State certified the results, was hard to miss.
It was the result of efforts to organize minority voting populations and years of population growth in the South and yet, the work of groups seeking to engage southern voters is still not done. The two runoff races to determine Georgia’s senators will decide which party controls the Senate.
The result of the newly minted battleground-state status is often attributed to one person: Stacey Abrams, a rising star in the Democratic Party, voting rights activist and one time gubernatorial candidate.
Three days after the election, while the votes were still being counted though Biden had amassed more votes than President Donald Trump, Abrams took to Twitter to thank the voters, volunteers, organizations and grassroots activists for their “efforts over the years to create this new Georgia” while describing the importance of the runoff Senate races.
But the shift of Georgia going blue is also a story of demographic change.
The Atlanta Metro Chamber says the city is one of the fastest growing metropolitan areas in the United States. Data on its website says the area has added about 734,000 people from 2010 to 2019 to the counties surrounding the state’s capital.
Professor Charles Bullock, who teaches political science at the University of Georgia, said this trend is not limited only to Georgia. In Texas, and up and down the coastal South from Virginia to Florida, people have been relocating to the South who are typically more liberal than the conservative long-time residents.
Gwinnett County, for instance, which sits to the east of Atlanta, is the most diverse county in Georgia, perhaps one of the most diverse counties in the nation, Bullock said.
The demographic trend towards this moment, when Georgia would be competitive, has been developing for years. And part of the factors this year has also been the voting patterns of white, well-educated women in suburban Atlanta, Bullock said.
The last time Georgia went Democratic during a presidential race, the 1992 race between Bill Clinton and George H.W. Bush, was due in part to what ultimately propelled Clinton to the White House: the presence of third-party candidate Ross Perot who netted about 19% of the votes that election.
Republicans won the state Legislature in the early 2000s, a moment Bullock described as the high-water mark of the Republican Party in Georgia fueled partially by redistricting.
The "House switches in 2004 after a court case requires the redrawing of the Legislature,” Bullock said. “The Democrats had drawn them very aggressively and they performed, but the courts threw it out because what the Democrats had done is underpopulated south Georgia and Atlanta, where Democrats did well and overpopulated north Georgia and the suburban areas.”
In the years following though, Georgia Republicans have been winning state-wide races by thinner and thinner margins.
The flip happened, Bullock said, because Georgia makes registering to vote as simple as checking a box on its driver’s license forms. Combine that with a high-interest race like a presidential election, Bullock said, and you get the results of the tight presidential race in Georgia.
Of course, over the weeks leading up to November, groups seeking to increase voter engagement have been sending mailers.
Union 2020, a project linked to the progressive political consulting firm Atlas Project, sent a mailer, for instance, informing voters on the labor stances of Republican Senator David Perdue and his challenger Democrat Jon Ossoff. Americans for Prosperity Action sent several pro-Perdue mailers reminding voters the fate of the Supreme Court sits in the balance in Georgia’s Senate races.