courthousenews--2020-11-30--Feds Shelve Plans to Dredge San Francisco Bay for Oil Tankers

( CN ) — The U.S. Army Corps of Engineers has abandoned plans to dredge a 13-mile stretch of the San Francisco Bay to make it easier for oil tankers to access oil refineries in the area .
According to the corps , its about-face stems from the Port of Stockton ’ s decision to drop out as a non-federal cost-sharing partner for the project and no one else stepping up to fill the void .
Contra Costa County — which hosts several of the refineries — had considered partnering with the corps but ultimately declined .
“ Over the @ @ @ @ @ @ @ confirmed that there is no other entity interested in supporting project implementation and consequently , the decision was made to terminate the study , ” the agency wrote in a document published Monday in the Federal Register .
The study refers to a final environmental impact statement , which studies the environmental effects of proposed projects .
Such analysis is a critical step in any proposed project receiving approval , but the corps abandoned the project before the analysis began .
The project is the second to be scuttled by the corps in @ @ @ @ @ @ @ Last week , the Alaska Division of the Army Corps of Engineers rejected a permit for the Pebble Mine project planned for the pristine Bristol Bay .
As for the San Francisco Bay dredging project , environmental groups said it would have been an ecological disaster , endangering the native fish during construction and allowing faster ship speeds that would have harmed marine mammals in the area .
“ Good riddance to this boondoggle of a project , which would have wreaked havoc on wildlife and public health , ” said Hollin Kretzmann @ @ @ @ @ @ @ Biological Diversity .
“ Using taxpayer money to dig a 13-mile ditch through San Francisco Bay to help oil companies refine more tar sands oil was a terrible idea , and local groups weren ’ t fooled.
” The center noted the news means less oil will be refined at the Bay Area ’ s many oil refineries , which will prevent an increase in air pollution .
“ The writing is on the wall for fossil fuel companies , ” Kretzmann said .
“ The refineries are already laying off workers .
@ @ @ @ @ @ @ sure we responsibly phase out fossil fuels and move to a cleaner future.
” Had the project sailed through the environmental analysis process to approval , the corps would have increased the medium level of depth by three feet from the center of the bay to Avon , just east of the Benicia-Martinez Bridge .
The corps would have also installed a 2,600-foot sediment trap at Bulls Head Reach , a portion of the Suisun Bay Channel .
The plans prompted fierce opposition from many groups in the Bay Area , which continue @ @ @ @ @ @ @ officials to curtail the activity at area refineries rather than abet it .
While most business sectors have suffered during the coronavirus pandemic , the oil and gas industry has keenly felt impacts of lockdown policies and reduced travel .
This past April , union workers announced Bay Area refineries had laid off as many as 1,000 contract workers , as some of the refineries idled their production indefinitely .
At the depth of the pandemic economic shock , the price of oil per barrel plummeted so sharply that companies were paying storage @ @ @ @ @ @ @ hands .
The Marathon oil refinery at Martinez was just one of the area refineries to announce it would halt production indefinitely .
The Phillips 66 refinery in nearby Rodeo announced it would use its facility to produce renewable biodiesel .

The U.S. Army Corps of Engineers has abandoned plans to dredge a 13-mile stretch of the San Francisco Bay to make it easier for oil tankers to access oil refineries in the area.
(CN) — The U.S. Army Corps of Engineers has abandoned plans to dredge a 13-mile stretch of the San Francisco Bay to make it easier for oil tankers to access oil refineries in the area.
According to the corps, its about-face stems from the Port of Stockton’s decision to drop out as a non-federal cost-sharing partner for the project and no one else stepping up to fill the void. Contra Costa County — which hosts several of the refineries — had considered partnering with the corps but ultimately declined.
“Over the last few months, the USACE has confirmed that there is no other entity interested in supporting project implementation and consequently, the decision was made to terminate the study,” the agency wrote in a document published Monday in the Federal Register.
The study refers to a final environmental impact statement, which studies the environmental effects of proposed projects. Such analysis is a critical step in any proposed project receiving approval, but the corps abandoned the project before the analysis began.
The project is the second to be scuttled by the corps in the aftermath of the presidential election. Last week, the Alaska Division of the Army Corps of Engineers rejected a permit for the Pebble Mine project planned for the pristine Bristol Bay.
As for the San Francisco Bay dredging project, environmental groups said it would have been an ecological disaster, endangering the native fish during construction and allowing faster ship speeds that would have harmed marine mammals in the area.
“Good riddance to this boondoggle of a project, which would have wreaked havoc on wildlife and public health,” said Hollin Kretzmann, an attorney at the Center for Biological Diversity. “Using taxpayer money to dig a 13-mile ditch through San Francisco Bay to help oil companies refine more tar sands oil was a terrible idea, and local groups weren’t fooled.”
The center noted the news means less oil will be refined at the Bay Area’s many oil refineries, which will prevent an increase in air pollution.
“The writing is on the wall for fossil fuel companies,” Kretzmann said. “The refineries are already laying off workers. We need a just transition to make sure we responsibly phase out fossil fuels and move to a cleaner future.”
Had the project sailed through the environmental analysis process to approval, the corps would have increased the medium level of depth by three feet from the center of the bay to Avon, just east of the Benicia-Martinez Bridge.
The corps would have also installed a 2,600-foot sediment trap at Bulls Head Reach, a portion of the Suisun Bay Channel.
The plans prompted fierce opposition from many groups in the Bay Area, which continue to put pressure on state and local officials to curtail the activity at area refineries rather than abet it.
While most business sectors have suffered during the coronavirus pandemic, the oil and gas industry has keenly felt impacts of lockdown policies and reduced travel.
This past April, union workers announced Bay Area refineries had laid off as many as 1,000 contract workers, as some of the refineries idled their production indefinitely. At the depth of the pandemic economic shock, the price of oil per barrel plummeted so sharply that companies were paying storage facilities to take the commodity off their hands.
The Marathon oil refinery at Martinez was just one of the area refineries to announce it would halt production indefinitely. The Phillips 66 refinery in nearby Rodeo announced it would use its facility to produce renewable biodiesel.


courthousenews--2020-11-30--Virginia Officials Map Out Path to Pot Legalization

RICHMOND , Va. ( CN ) — Virginia ’ s Democratic governor released a doorstopper of a marijuana legalization report Monday afternoon , projecting hundreds of millions of dollars in annual tax revenue while stressing the need for social equity in the legal pot market .
“ We will advance new laws to make sure that our commonwealth legalizes marijuana the right way .
Virginia has studied the experience of other states and this report lays out a path forward that leads with social equity , public health , and public safety , ” Governor Ralph Northam said in a @ @ @ @ @ @ @ , the product of a task force authorized by the Virginia General Assembly earlier this year .
The exhaustive report was completed after stakeholders met 15 times , digitally due to the coronavirus pandemic , over the last few months .
And while the dollar figures are enticing , especially in the wake of the virus ’ impact on the state budget , the report emphasizes the importance of the former home of the Confederacy taking steps to address the racial harm prohibition has caused .
“ Fifty percent of Virginia ’ s @ @ @ @ @ @ @ ] against Black people , ” said Michael Carter Jr. , coordinator for Virginia State University ’ s Small Farm Outreach Program , an 11th generation Virginia farmer and a member of the work group that developed Monday ’ s report .
Carter works with Black farmers across the state through the program he leads at the historically Black university .
He helped many of them get involved in the state ’ s recent hemp legalization program , but through that work he saw promises made to his community not being kept , @ @ @ @ @ @ @ funds to start grow operations .
“ I ’ d like to see that [ arrest number ] turned around with Black farmers getting 50 % of the access , ” he said in an interview .
“ Not exactly a leg up , but a way to deal with the economic inequity.
” The issue of social equity is one part of the complex puzzle that will be Virginia ’ s forthcoming marijuana legislation .
While other states have used ballot efforts or constitutional amendments to legalize , Virginia will join Illinois @ @ @ @ @ @ @ to undo prohibition .
That ’ s actually a good thing , according to Ngiste Abebe , director of public policy for national medical marijuana company Columbia Care .
She said voter-driven efforts are often limited by approved referendum language , and legislatures can do a better job crafting well-thought-out laws which help address a wide range of issues , not just allowing pot to be sold .
Another member of Northam ’ s legalization task force , Abebe said she was pleased to hear how frequently decisionmakers discussed the importance of developing @ @ @ @ @ @ @ .
“ I don ’ t think I attended a single work group without mentioning equity at least once , ” she said in an interview .
Abebe often pointed to Illinois , still in its first year of legalization , as a model , but one she hopes Virginia can improve upon .
Throughout the task force meetings , she explained social equity is most often implemented through things like community reinvestment funds and criminal record expungement .
She noted Illinois has over $ 100 million from pot tax revenue , with @ @ @ @ @ @ @ be redistributed to communities after just one year .
That money , she said , can go to local businesses through grants or be used to fund public education programs similar to campaigns to stop drunk driving .
“ You can ’ t have equity if you ’ re not trying to reinvest in the areas [ that ] were impacted by the war on drugs , ” she said .
As for expungement , Carter said it was among his top priorities during his time with the work group .
A criminal @ @ @ @ @ @ @ argued , can often lead to the denial of state permits and funding or a bank loan , and ironically it could have the same effect when those with a record seek permits to get involved in the state ’ s legal pot marketplace .
“ We want those records expunged so it frees them from a lot of different things , to live a life that ’ s more productive , ” the farmer-turned-activist added .
He ’ s not alone in his focus on expungement .
“ Expungement is critical , @ @ @ @ @ @ @ Norfolk , a member of the state ’ s Legislative Black Caucus .
Jones said expunging criminal records is key to addressing a justice system which has more often victimized Black people .
“ I ’ d like that to be the first component of any movement we make , ” he added .
Jones and his fellow members of the 100-seat Virginia House of Delegates can bring a more progressive outlook to the critical issues before legislation heads over to the state Senate , whose 40 members often move things closer to @ @ @ @ @ @ @ D- Richmond , is hopeful social equity will stay a top priority in her chamber .
She said even her expungement bill , killed during a recent special session dedicated to the virus and police reform , was still being discussed behind the scenes and will reappear during the upcoming legislative session that starts in January .
“ I support legalization if it ’ s done right and that includes the social equity component , ” she said .
“ If we don ’ t , then legalization will continue to exacerbate inequities @ @ @ @ @ @ @ ’ s roots in Virginia trace back to Senator Adam Ebbin , a Democrat who has been advocating for changes to the state ’ s pot laws , unsuccessfully in the face of GOP leadership , since 2015 .
“ It ’ s exciting to see us move to the point where it ’ s not a pipe dream but a reality of a bill that can pass , ” he said in an interview , looking back on his half-decade effort before acknowledging the importance social equity will have in the final @ @ @ @ @ @ @ people who ’ ve been disadvantaged by the misguided war on marijuana not be penalized , ” he added .
Virginia ’ s General Assembly meets in two months for a short session .
Both the House and Senate will need to agree on a legalization bill – or several bills from multiple committees – before the legislation heads to Northam ’ s desk .

Virginia’s Democratic governor released a doorstopper of a marijuana legalization report Monday afternoon, projecting hundreds of millions of dollars in annual tax revenue while stressing the need for social equity in the legal pot market.
RICHMOND, Va. (CN) — Virginia’s Democratic governor released a doorstopper of a marijuana legalization report Monday afternoon, projecting hundreds of millions of dollars in annual tax revenue while stressing the need for social equity in the legal pot market.
“We will advance new laws to make sure that our commonwealth legalizes marijuana the right way. Virginia has studied the experience of other states and this report lays out a path forward that leads with social equity, public health, and public safety,” Governor Ralph Northam said in a statement released alongside the nearly 500-page report, the product of a task force authorized by the Virginia General Assembly earlier this year.
The exhaustive report was completed after stakeholders met 15 times, digitally due to the coronavirus pandemic, over the last few months. And while the dollar figures are enticing, especially in the wake of the virus’ impact on the state budget, the report emphasizes the importance of the former home of the Confederacy taking steps to address the racial harm prohibition has caused.
“Fifty percent of Virginia’s prosecutions [for possession of marijuana are] against Black people,” said Michael Carter Jr., coordinator for Virginia State University’s Small Farm Outreach Program, an 11th generation Virginia farmer and a member of the work group that developed Monday’s report.
Carter works with Black farmers across the state through a program he’s involved in at the historically Black university. While he saw permits readily available for those who sought them during that process, he wants to make sure the same opportunities are available for cannabis this time around.
“I’d like to see that [arrest number] turned around with Black farmers getting 50% of the access,” he said in an interview. “Not exactly a leg up, but a way to deal with the economic inequity.”
The issue of social equity is one part of the complex puzzle that will be Virginia’s forthcoming marijuana legislation. While other states have used ballot efforts or constitutional amendments to legalize, Virginia will join Illinois as the only states to use legislatures to undo prohibition.
That’s actually a good thing, according to Ngiste Abebe, director of public policy for national medical marijuana company Columbia Care. She said voter-driven efforts are often limited by approved referendum language, and legislatures can do a better job crafting well-thought-out laws which help address a wide range of issues, not just allowing pot to be sold.
Another member of Northam’s legalization task force, Abebe said she was pleased to hear how frequently decisionmakers discussed the importance of developing an equitable marijuana scheme for the state.
“I don’t think I attended a single work group without mentioning equity at least once,” she said in an interview.
Abebe often pointed to Illinois, still in its first year of legalization, as a model, but one she hopes Virginia can improve upon. Throughout the task force meetings, she explained social equity is most often implemented through things like community reinvestment funds and criminal record expungement.
She noted Illinois has over $100 million from pot tax revenue, with $32 million of it ready to be redistributed to communities after just one year. That money, she said, can go to local businesses through grants or be used to fund public education programs similar to campaigns to stop drunk driving.
“You can’t have equity if you’re not trying to reinvest in the areas [that] were impacted by the war on drugs,” she said.
As for expungement, Carter said it was among his top priorities during his time with the work group. A criminal record associated with marijuana possession, he argued, can often lead to the denial of state permits and funding or a bank loan, and ironically it could have the same effect when those with a record seek permits to get involved in the state’s legal pot marketplace.
“We want those records expunged so it frees them from a lot of different things, to live a life that’s more productive,” the farmer-turned-activist added.
He’s not alone in his focus on expungement.
“Expungement is critical,” said Delegate Jay Jones, D- Norfolk, a member of the state’s Legislative Black Caucus.
Jones said expunging criminal records is key to addressing a justice system which has more often victimized Black people.
“I’d like that to be the first component of any movement we make,” he added.
Jones and his fellow members of the 100-seat Virginia House of Delegates can bring a more progressive outlook to the critical issues before legislation heads over to the state Senate, whose 40 members often move things closer to the center.
Senator Jennifer McClellan, D- Richmond, is hopeful social equity will stay a top priority in her chamber. She said even her expungement bill, killed during a recent special session dedicated to the virus and police reform, was still being discussed behind the scenes and will reappear during the upcoming legislative session that starts in January.
“I support legalization if it's done right and that includes the social equity component,” she said. “If we don’t, then legalization will continue to exacerbate inequities that already exist.”
The legalization effort’s roots in Virginia trace back to Senator Adam Ebbin, a Democrat who has been advocating for changes to the state’s pot laws, unsuccessfully in the face of GOP leadership, since 2015.
“It’s exciting to see us move to the point where it's not a pipe dream but a reality of a bill that can pass,” he said in an interview, looking back on his half-decade effort before acknowledging the importance social equity will have in the final bill.
“It’s important people who’ve been disadvantaged by the misguided war on marijuana not be penalized,” he added.
Virginia’s General Assembly meets in two months for a short session. Both the House and Senate will need to agree on a legalization bill - or several bills from multiple committees - before the legislation heads to Northam’s desk.


courthousenews--2020-11-30--Before Stock Trades, Georgia Senator Faced Scrutiny Over Dollar General Sale

Lawsuits filed in Tennessee accused then-CEO David Perdue and the rest of Dollar General ’ s board of directors of breaching their fiduciary duties to shareholders , failing to disclose details about the deal and placing their personal interests ahead of those who held stock in the company .
( CN ) — Facing a tight runoff race for reelection , Senator David Perdue of Georgia is raising eyebrows with some of the stock trades he made as a sitting lawmaker .
But it is not the first time the Republican faced questions about his actions surrounding the stock market @ @ @ @ @ @ @ ending his tenure as CEO of Dollar General when he became a defendant in securities litigation filed soon after the company announced it would be bought and privatized .
In March 2007 , Dollar General told its shareholders that private equity firm Kohlberg Kravis Roberts and Co. , or KKR , would buy the company – in a $ 7.3 billion dollar deal – and it would purchase their shares for $ 22 a share .
Almost immediately , seven lawsuits filed in Tennessee state courts hit the companies , Dollar General ’ @ @ @ @ @ @ @ lawsuits , seeking class-action certification , accused Perdue and the rest of the board of breaching their fiduciary duties to shareholders , failing to disclose details about the deal and placing their personal interests ahead of those who held stock in the company .
The night before the company and shareholders were set to argue over a motion for summary judgment , they agreed to settle the case and Dollar General eventually paid at least $ 40 million .
Many of the documents filed into the consolidated case sit in a Nashville courthouse @ @ @ @ @ @ @ in nearby Goodlettsville , Tennessee .
With his background in business , Perdue is one of the wealthiest members of Congress .
However , he has not placed his financial assets in a blind trust , which has raised questions about whether he used information gleaned as a lawmaker to make trades on the stock market .
After the Senate received a briefing on Covid-19 in late January , Perdue , who was reportedly not at the briefing , purchased stock in DuPont , a company which makes personal protective equipment , according @ @ @ @ @ @ @ Perdue became chair of the Senate Armed Services Subcommittee on Seapower , he purchased stock in a company that makes submarine parts and sold the shares after they rose while working on a defense spending bill that included funding for a project involving the company , the Daily Beast reported .
Last week , the New York Times reported the Securities and Exchange Commission and the Department of Justice investigated Perdue ’ s sale of Cardlytics stock but the lawmaker was cleared , according to Perdue ’ s campaign .
Usha Rodrigues , @ @ @ @ @ @ @ the University of Georgia School of Law , said it is not surprising a lawsuit – or several – were filed soon after the announcement of the sale of Dollar General because lawsuits are common in these types of situations .
And neither was it surprising that the case was settled – they typically do – because of the risk of a large judgment a company may end up paying , Rodrigues said .
Perdue became Dollar General ’ s CEO and chairman of its board in 2003 .
Today , the company @ @ @ @ @ @ @ $ 27.8 billion in sales for the 2019 fiscal year .
The complaints filed in 2007 described the company as selling items priced $ 10 or less that were frequently bought , used and bought again , such as cleaning supplies and snacks .
According to the shareholders ’ complaints , filed months before the economy slid into the Great Recession , Dollar General had just come off a year where its stocks had dipped in 2006 after the company missed financial projections .
The company ’ s sales and earnings had risen @ @ @ @ @ @ @ Dollar General shareholders had already lived through the worst part of Dollar General ’ s difficult times and were finally in a position to begin enjoying the company ’ s economic resurgence , ” said a complaint filed by two retirement funds , the City of Miami General Employees ’ & Sanitation Employees ’ Retirement Trust and the Louisiana Sheriffs ’ Pension and Relief Fund .
The suit said the fiduciary duty for the board members should have been to find the highest price for the shareholders during the sale – but the @ @ @ @ @ @ @ from doing that .
Instead of shopping Dollar General around to interested buyers in order to get the largest price per share , the deal with KKR gave the private equity firm $ 225 million if Dollar General decided to sell itself to another buyer , according to the complaint .
The deal would snap open the golden parachutes of the company ’ s senior management , resulting in change-of-control payouts , the lawsuit said .
The complaint claimed shareholders did not have enough information to assess the deal ’ s fairness , @ @ @ @ @ @ @ real-estate portfolio and its internal financial information .
“ They caused the company to enter into the merger agreement in order to perpetuate their own personal interest at the direct expense of Dollar General ’ s shareholders , ” the complaint said of company executives .
Another complaint filed by shareholder Shalom Rechdiener claimed Perdue would gain about $ 30 million if the sale went through .
Years later , the Atlanta Journal-Constitution reported Perdue received $ 42 million from the company after the deal .
The suits , which were transferred to @ @ @ @ @ @ @ a master docket , asked the court to stop the sale .
But Judge Thomas Brothers did not halt the transaction .
He ruled against the plaintiffs ’ motion for injunctive relief , finding in June 2007 they were not likely to ultimately prevail .
The shareholders amended the complaint , which is under seal , and the litigation continued .
Perdue , for his part , left Dollar General in July 2007 .
Throughout the litigation , Dollar General denied liability and said the shareholders ’ complaint was without merit because it @ @ @ @ @ @ @ memorandum arguing why the judge should dismiss the litigation , the company said it had formed a strategic planning committee to study the sale and it considered four bidders .
Furthermore , the company argued , only two people on the 11-member board were also part of the company ’ s management : Perdue and Chief Operating Officer David Bere , who entered his job in December 2006 .
And the company ’ s charter protected its directors from personal liability when it came to breach of fiduciary duty claims .
During his @ @ @ @ @ @ @ Dollar General board agreed to sell the company on March 10 , 2007 , it was not officially for sale , although he “ as a matter of course ” reached out to several sources of private equity and investments to explore the options the company had , according to a memo filed in May 2008 accompanying a motion to compel .
But , according to the shareholders , documents turned over by Dollar General and KKR told a different story .
For instance , an email sent in August 2006 at KKR @ @ @ @ @ @ @ there recounted a conversation where Perdue allegedly told the private equity firm he wanted “ to pursue a transaction exclusively with ” KKR .
“ These documents , among others produced by defendants well after defendant Perdue ’ s deposition , give rise to significant questions regarding defendant Perdue ’ s original testimony and the Board members ’ motivations and supposed disinterestedness in evaluating the acquisition by KKR , ” court filing states .
Perdue sat for his second deposition on Aug. 25 , 2008 .
Weeks later , on Oct. 10 , @ @ @ @ @ @ @ memo filed months later described as a surprise set of documents made during the early part of Perdue ’ s tenure at Dollar General “ whose existence was essentially denied.
” “ The documents produced included board materials from 2003 and 2004 that further supported plaintiff ’ s theory that Dollar General ’ s senior management sold the company on the basis of significant store growth potential that was not considered by the board or shared with shareholders , ” the memo states .
The shareholders and the company notified the court they @ @ @ @ @ @ @ , 2008 .
Brothers wrote in an order approving the settlement agreement the shareholders faced an uphill battle if they continued litigating .
Shareholders are the owners of the company who cede control of the company to the board and the board delegates the running of the company to its officers , the University of Georgia ’ s Rodrigues said .
So it is somewhat unusual , as alleged by the complaints , that Perdue had talked with companies about selling Dollar General .
“ One would not expect the corporation ’ s @ @ @ @ @ @ @ company without getting the board ’ s approval to do so , ” Rodrigues said .
However , the company later created a committee to explore the sale and seemed “ to do things by the book , ” according to Rodrigues .
Another unusual aspect of Perdue ’ s involvement with the Dollar General deal was his stock options , Rodrigues said , which had what is called single-trigger acceleration , meaning he would get a windfall if the deal went through .
But allegations of breaching fiduciary duty to shareholders are @ @ @ @ @ @ @ everyone trading stock is supposed to operate with access to all the same information , the professor said .
“ They ’ re two different examples of claims of a lack of candor in the face of a duty to disclose , ” Rodrigues said .
Meanwhile , Perdue ’ s reelection campaign , when asked about this litigation and his time with the company , described his tenure at Dollar General as one marked by the company ’ s expansion .
“ As the first non-family CEO of Dollar General , David @ @ @ @ @ @ @ — adding nearly 20,000 American jobs and opening over 2,000 new stores all across the nation .
By any measurement , Perdue ’ s tenure at Dollar General was a tremendous success as the company better fulfilled its mission of helping families get from payday to payday .
These false attacks failed in 2014 , and they will fail again now , ” said John Burke , Perdue ’ s campaign spokesman , in an email , referring to Perdue ’ s first Senate run six years ago .
However , attorney Darren @ @ @ @ @ @ @ one example of when profitable public companies are taken over by private equity , which have tended to extract dividend payments from the privatized companies and then take them public again or let them continue as “ zombie companies loaded with debt.
” Robbins – of the firm Robbins Geller Rudman & Dowd , which focuses on representing shareholders in litigation surrounding corporate takeovers – was one of the attorneys representing Dollar General shareholders in the case .
In privatization sales , Robbins said , shareholders can often be left with the short @ @ @ @ @ @ @ said in Dollar General ’ s case the company was “ sold on the cheap.
” But details of the case are obscured from public view because protective orders in suits like this , meant to protect trade secrets , tend to overreach with how much information they obscure in the taxpayer-funded court system , Robbins said .
“ When you go to trial , the seal comes off , ” he said .
Robbins said it can be safely assumed there were admitted facts the Dollar General defendants did not want to @ @ @ @ @ @ @ , so they paid $ 40 million to settle .
Robbins said he has not looked over Perdue ’ s trading history .
But generally speaking , “ ethics are not situational .
People either follow the law and the rules or they don ’ t , ” Robbins said .
“ Draw any inference you want from that .
”

Lawsuits filed in Tennessee accused then-CEO David Perdue and the rest of Dollar General’s board of directors of breaching their fiduciary duties to shareholders, failing to disclose details about the deal and placing their personal interests ahead of those who held stock in the company.
(CN) — Facing a tight runoff race for reelection, Senator David Perdue of Georgia is raising eyebrows with some of the stock trades he made as a sitting lawmaker.
But it is not the first time the Republican faced questions about his actions surrounding the stock market.
Thirteen years ago, Perdue was ending his tenure as CEO of Dollar General when he became a defendant in securities litigation filed soon after the company announced it would be bought and privatized.
In March 2007, Dollar General told its shareholders that private equity firm Kohlberg Kravis Roberts and Co., or KKR, would buy the company – in a $7.3 billion dollar deal – and it would purchase their shares for $22 a share. Almost immediately, seven lawsuits filed in Tennessee state courts hit the companies, Dollar General’s board and Perdue.
The initial lawsuits, seeking class-action certification, accused Perdue and the rest of the board of breaching their fiduciary duties to shareholders, failing to disclose details about the deal and placing their personal interests ahead of those who held stock in the company. The night before the company and shareholders were set to argue over a motion for summary judgment, they agreed to settle the case and Dollar General eventually paid at least $40 million.
Many of the documents filed into the consolidated case sit in a Nashville courthouse under seal. Dollar General is based in nearby Goodlettsville, Tennessee.
With his background in business, Perdue is one of the wealthiest members of Congress. However, he has not placed his financial assets in a blind trust, which has raised questions about whether he used information gleaned as a lawmaker to make trades on the stock market.
After the Senate received a briefing on Covid-19 in late January, Perdue, who was reportedly not at the briefing, purchased stock in DuPont, a company which makes personal protective equipment, according to the Atlanta Journal-Constitution. And before Perdue became chair of the Senate Armed Services Subcommittee on Seapower, he purchased stock in a company that makes submarine parts and sold the shares after they rose while working on a defense spending bill that included funding for a project involving the company, the Daily Beast reported.
Last week, the New York Times reported the Securities and Exchange Commission and the Department of Justice investigated Perdue’s sale of Cardlytics stock but the lawmaker was cleared, according to Perdue’s campaign.
Usha Rodrigues, who teaches securities and business law at the University of Georgia School of Law, said it is not surprising a lawsuit – or several – were filed soon after the announcement of the sale of Dollar General because lawsuits are common in these types of situations. And neither was it surprising that the case was settled – they typically do – because of the risk of a large judgment a company may end up paying, Rodrigues said.
Perdue became Dollar General’s CEO and chairman of its board in 2003. Today, the company runs about 16,700 stores and brought in $27.8 billion in sales for the 2019 fiscal year. The complaints filed in 2007 described the company as selling items priced $10 or less that were frequently bought, used and bought again, such as cleaning supplies and snacks.
According to the shareholders’ complaints, filed months before the economy slid into the Great Recession, Dollar General had just come off a year where its stocks had dipped in 2006 after the company missed financial projections. The company’s sales and earnings had risen steadily since then.
“Thus, Dollar General shareholders had already lived through the worst part of Dollar General’s difficult times and were finally in a position to begin enjoying the company’s economic resurgence,” said a complaint filed by two retirement funds, the City of Miami General Employees’ & Sanitation Employees’ Retirement Trust and the Louisiana Sheriffs’ Pension and Relief Fund.


courthousenews--2020-11-30--Infections Slowing Down Globally With Europe Under Lockdown

( CN ) — With much of Europe under lockdown , the number of new coronavirus infections is decreasing around the world though Mexico and Brazil are seeing a dangerous rise in cases and deaths , the head of the World Health Organization said Monday .
“ Last week saw the first decline in newly reported cases globally since September due to a decrease in cases in Europe , ” said Tedros Adhanom Ghebreyesus , the WHO director-general , during a news briefing .
He attributed the decline in cases in Europe to the imposition of “ difficult but necessary @ @ @ @ @ @ @ spread .
Across the continent , many bars , restaurants , gyms and cinemas are closed , travel is restricted and large gatherings are banned .
After enjoying a largely carefree summer , Europe was hit by a second wave of coronavirus infections and deaths with the start of autumn , forcing nations to reimpose economically crippling lockdowns .
Although the pandemic has slowed in Europe , European nations continue to report alarmingly high numbers of cases and deaths .
Italy , Russia , Poland , the United Kingdom , France and Germany @ @ @ @ @ @ @ each day .
On Friday , Italy reported the most new daily deaths in Europe with 672 fatalities , bringing its total death toll to 55,576 , the second highest in Europe after the U.K. ’ s 58,448 .
After weeks of restrictions , the U.K. is seeing a fall in deaths , reporting 208 new deaths on Friday .
In its latest weekly report on Covid-19 , the WHO found that Europe accounted for about half of recent deaths worldwide .
Each day , more than 10,000 deaths are linked to Covid-19 @ @ @ @ @ @ @ coronavirus .
With the trend going in the right direction in Europe , national governments are talking about partially lifting restrictions for the Christmas holiday season .
But the worry is that lifting lockdowns will allow the virus to flourish in Europe and other regions of the world eager to celebrate the festive season .
“ This is no time for complacency , especially with the holiday season approaching in many cultures and countries , ” Tedros said .
He said the gains nations have achieved in containing the virus “ can easily @ @ @ @ @ @ @ to be together with the people we love during festive periods , but being with family and friends is not worth putting them or yourself at risk , ” he said .
“ We all need to consider whose life we might be gambling with in the decisions we make.
” He urged people to celebrate differently this year by trying to avoid as much as possible mixing households , traveling and shopping in crowded stores .
He said that if travel is essential , people should take precautions , especially if they @ @ @ @ @ @ @ masks , carrying hand sanitizer and washing their hands frequently .
“ If you feel unwell , don ’ t travel , ” he said .
While Europe appears to be getting its autumn outbreak under control , Brazil and Mexico are seeing a dangerous rise in cases and deaths , Tedros said .
“ I think Brazil has to be very , very serious , ” he said .
At the start of November , Brazil reported about 114,000 new cases in a week and that number has doubled recently , he @ @ @ @ @ @ @ reported 319,000 new infections in a single week in the middle of July .
Similarly , the weekly number of deaths has risen too from 2,538 at the start of November to 3,876 recently , Tedros said .
Brazil has reported 172,866 deaths since the start of the pandemic , the second highest toll in the world after the United States , which has recorded more than 273,460 deaths .
Tedros said Mexico is seeing a similar surge to Brazil ’ s .
He said the number of deaths has increased to about @ @ @ @ @ @ @ reported in the middle of October .
With about 60,000 new infections a week , the number of new cases is also double the number reported in the middle of October .
“ I think this shows that Mexico is in bad shape , ” he said .
“ We would like to ask Mexico to be very serious.
” Courthouse News reporter Cain Burdeau is based in the European Union .

With much of Europe under lockdown, the number of new coronavirus infections is decreasing around the world though Mexico and Brazil are seeing a dangerous rise in cases and deaths, the head of the World Health Organization said Monday.
(CN) — With much of Europe under lockdown, the number of new coronavirus infections is decreasing around the world though Mexico and Brazil are seeing a dangerous rise in cases and deaths, the head of the World Health Organization said Monday.
“Last week saw the first decline in newly reported cases globally since September due to a decrease in cases in Europe,” said Tedros Adhanom Ghebreyesus, the WHO director-general, during a news briefing.
He attributed the decline in cases in Europe to the imposition of “difficult but necessary measures” to stop the virus' spread. Across the continent, many bars, restaurants, gyms and cinemas are closed, travel is restricted and large gatherings are banned.
After enjoying a largely carefree summer, Europe was hit by a second wave of coronavirus infections and deaths with the start of autumn, forcing nations to reimpose economically crippling lockdowns.
Although the pandemic has slowed in Europe, European nations continue to report alarmingly high numbers of cases and deaths. Italy, Russia, Poland, the United Kingdom, France and Germany are each reporting hundreds of new deaths each day.
On Friday, Italy reported the most new daily deaths in Europe with 672 fatalities, bringing its total death toll to 55,576, the second highest in Europe after the U.K.'s 58,448. After weeks of restrictions, the U.K. is seeing a fall in deaths, reporting 208 new deaths on Friday.
In its latest weekly report on Covid-19, the WHO found that Europe accounted for about half of recent deaths worldwide. Each day, more than 10,000 deaths are linked to Covid-19, the disease caused by the novel coronavirus.
With the trend going in the right direction in Europe, national governments are talking about partially lifting restrictions for the Christmas holiday season. But the worry is that lifting lockdowns will allow the virus to flourish in Europe and other regions of the world eager to celebrate the festive season.
“This is no time for complacency, especially with the holiday season approaching in many cultures and countries,” Tedros said. He said the gains nations have achieved in containing the virus “can easily be lost.”
“We all want to be together with the people we love during festive periods, but being with family and friends is not worth putting them or yourself at risk,” he said. “We all need to consider whose life we might be gambling with in the decisions we make.”
He urged people to celebrate differently this year by trying to avoid as much as possible mixing households, traveling and shopping in crowded stores.
He said that if travel is essential, people should take precautions, especially if they are using public transportation, by wearing masks, carrying hand sanitizer and washing their hands frequently.
“If you feel unwell, don't travel,” he said.
While Europe appears to be getting its autumn outbreak under control, Brazil and Mexico are seeing a dangerous rise in cases and deaths, Tedros said.
“I think Brazil has to be very, very serious,” he said.
At the start of November, Brazil reported about 114,000 new cases in a week and that number has doubled recently, he said. At its peak, Brazil reported 319,000 new infections in a single week in the middle of July.
Similarly, the weekly number of deaths has risen too from 2,538 at the start of November to 3,876 recently, Tedros said. Brazil has reported 172,866 deaths since the start of the pandemic, the second highest toll in the world after the United States, which has recorded more than 273,460 deaths.
Tedros said Mexico is seeing a similar surge to Brazil's. He said the number of deaths has increased to about 4,000 a week, double what Mexico reported in the middle of October. With about 60,000 new infections a week, the number of new cases is also double the number reported in the middle of October.
“I think this shows that Mexico is in bad shape,” he said. “We would like to ask Mexico to be very serious.”
Courthouse News reporter Cain Burdeau is based in the European Union.


courthousenews--2020-11-30--Computer Crime Law Scrutinized at Supreme Court

WASHINGTON ( CN ) — The U.S. Supreme Court heard arguments Monday over whether a police officer broke a federal computer crime law when he accessed a government database to check a license plate for someone who bribed him .
Nathan Van Buren was working as a law enforcement officer in Georgia in 2015 when he was propositioned by a man supposedly known to frequent prostitutes to search the license plate number of a car belonging to a potential companion .
In exchange , Van Buren was given $ 6,000 to ferret out whether the woman was a police officer @ @ @ @ @ @ @ be part of an FBI sting operation , Van Buren was charged with violating the Computer Fraud and Abuse Act , or CFAA .
He was charged with violating a specific section of the law – Section 1030 ( a ) ( 2 ) – that outlines the criminality of fraudulent access with authorized use .
Disputing the charge , Van Buren argued accessing sensitive information with permission – even for an improper purpose – did not run afoul of Section 1030 ( a ) ( 2 ) or the authorization given to @ @ @ @ @ @ @ a jury didn ’ t buy the argument and convicted him in October 2017 .
He was sentenced to 18 months in prison .
The 11th Circuit rejected Van Buren ’ s appeal , prompting him to take his case to the nation ’ s top court .
Jeffrey Fisher , an attorney with the Stanford Law School Supreme Court Litigation Clinic representing Van Buren , argued Monday that a violation of the CFAA depends on the authorized access given to the individual .
In a brief to the court , Fisher claimed @ @ @ @ @ @ @ interpretation of the CFAA ” could criminalize a litany of innocuous behavior , such as using work PCs to create NCAA men ’ s basketball tournament brackets .
In response to a hypothetical from Justice Elena Kagan , Fisher said even checking Instagram at work could be a violation of the CFAA on the basis that it could be seen as accessing unauthorized information , if the scope of authorized information is not clearly defined .
“ It ’ s obtaining information because you are literally obtaining the words or pictures out of @ @ @ @ @ @ @ “ It would violate the government ’ s rule because the employee would be , at least theoretically , prohibited from using her work computer for personal reasons.
” Justice Neil Gorsuch said there are several potential disadvantages to interpreting the CFAA broadly , noting other criminal laws could cover conduct not specifically outlined in the statute .
Fisher agreed , pointing to a Georgia law related to hacking or misusing computer information .
“ The government gave few hypotheticals in its brief and almost every one of them is already addressed by @ @ @ @ @ @ @ , let alone state law , ” Fisher said .
Deputy Solicitor General Eric Feigin argued for the government and said the issue of whether Van Buren had access to the license plate search function before he used it for an unauthorized purpose was irrelevant .
He posed the hypothetical of an employee with access to a warehouse used to store work material who takes those items for personal use .
“ Section 1030 uses the same language to extend the same property-based protections to the private computer records that contain our most @ @ @ @ @ @ @ data , ” Feigin said .
“ Petitioner is trying to gut the statute and leave all of that data at the mercy of anyone who ever has any legitimate ground to see it under any circumstance.
” But Chief Justice John Roberts asked whether someone violates the CFAA when they break a workplace ’ s authorization policy or even a website ’ s terms of use .
Feigin replied that it wouldn ’ t be a violation in the case of a website that does not require credentials .
“ What Congress @ @ @ @ @ @ @ are specifically trusted , people akin to employees , the kind of person that ’ s actually been specifically considered and individually authorized , ” Feigin said .

The U.S. Supreme Court heard argument Monday over whether a police officer broke a federal computer crime law when he accessed a government database to check a license plate for someone who bribed him.
WASHINGTON (CN) — The U.S. Supreme Court heard arguments Monday over whether a police officer broke a federal computer crime law when he accessed a government database to check a license plate for someone who bribed him.
Nathan Van Buren was working as a law enforcement officer in Georgia in 2015 when he was propositioned by a man supposedly known to frequent prostitutes to search the license plate number of a car belonging to a potential companion. In exchange, Van Buren was given $6,000 to ferret out whether the woman was a police officer.
After the request was revealed to be part of an FBI sting operation, Van Buren was charged with violating the Computer Fraud and Abuse Act, or CFAA. He was charged with violating a specific section of the law – Section 1030(a)(2) – that outlines the criminality of fraudulent access with authorized use.
Disputing the charge, Van Buren argued accessing sensitive information with permission – even for an improper purpose – did not run afoul of Section 1030(a)(2) or the authorization given to him by the police department.
But a jury didn’t buy the argument and convicted him in October 2017. He was sentenced to 18 months in prison. The 11th Circuit rejected Van Buren’s appeal, prompting him to take his case to the nation’s top court.
Jeffrey Fisher, an attorney with the Stanford Law School Supreme Court Litigation Clinic representing Van Buren, argued Monday that a violation of the CFAA depends on the authorized access given to the individual.
In a brief to the court, Fisher claimed the 11th Circuit’s “expansive interpretation of the CFAA” could criminalize a litany of innocuous behavior, such as using work PCs to create NCAA men’s basketball tournament brackets.
In response to a hypothetical from Justice Elena Kagan, Fisher said even checking Instagram at work could be a violation of the CFAA on the basis that it could be seen as accessing unauthorized information, if the scope of authorized information is not clearly defined.
“It’s obtaining information because you are literally obtaining the words or pictures out of Instagram,” the attorney said. “It would violate the government’s rule because the employee would be, at least theoretically, prohibited from using her work computer for personal reasons.”
Justice Neil Gorsuch said there are several potential disadvantages to interpreting the CFAA broadly, noting other criminal laws could cover conduct not specifically outlined in the statute.
Fisher agreed, pointing to a Georgia law related to hacking or misusing computer information.
“The government gave few hypotheticals in its brief and almost every one of them is already addressed by some other provision in the U.S. code, let alone state law,” Fisher said.
Deputy Solicitor General Eric Feigin argued for the government and said the issue of whether Van Buren had access to the license plate search function before he used it for an unauthorized purpose was irrelevant.
He posed the hypothetical of an employee with access to a warehouse used to store work material who takes those items for personal use.
“Section 1030 uses the same language to extend the same property-based protections to the private computer records that contain our most sensitive, financial, medical and other data,” Feigin said. “Petitioner is trying to gut the statute and leave all of that data at the mercy of anyone who ever has any legitimate ground to see it under any circumstance.”
But Chief Justice John Roberts asked whether someone violates the CFAA when they break a workplace’s authorization policy or even a website’s terms of use. Feigin replied that it wouldn’t be a violation in the case of a website that does not require credentials.
“What Congress was aiming at here were people who are specifically trusted, people akin to employees, the kind of person that’s actually been specifically considered and individually authorized,” Feigin said.


Marijuana Growers

SACRAMENTO , Calif. — A federal court in California ruled against medical marijuana growers who claimed Shasta County violated their @ @ @ @ @ county ordinance banning the outdoor cultivation of marijuana .
There is no “ fundamental right @ @ @ @ @ ” the court ruled .

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.


Green Light Law

NEW YORK — The clerk of Erie County , New York , did not have Article III standing to bring @ @ @ @ @ ’ s “ Green Light Law , ” the Second Circuit ruled .
The law @ @ @ @ @ Department of Motor Vehicles to accept foreign documents as proof of identification for standard licenses @ @ @ @ @ asking about the immigration status of license applications .


Gun Policies

CHARLESTON , W.V .
— The West Virginia Coalition Against Domestic Violence ’ s action challenging a state law that @ @ @ @ @ firearms in parking lot areas can continue , a federal court in the state ruled @


Weight Watchers

NEW YORK — A federal court in New York dismissed a securities class action against Weight Watchers .
Stockholders claim @ @ @ @ @ failing to disclose that its new business model relied upon the recruitment of lapsed members @ @ @ @ @ abandoned its practice ” of releasing program innovations at the end of each year .


Prompt Hearings

NEW YORK — Individuals detained by Immigration and Customs Enforcement must appear before a judge within 10 days of their @ @ @ @ @ in New York ruled in a class action suit that claims the federal agency ’ @ @ @ @ @ initial hearings is unconstitutional .


courthousenews--2020-12-01--LA County Inquest Probes Police Shooting of Teen

LOS ANGELES ( CN ) — In a judicial proceeding not seen in Los Angeles County for nearly four decades , a retired judge Monday presided over an inquest into the cause of death of Andres Guardado , a teen whose fatal shooting by police this past summer reignited protests and further inflamed a rift between law enforcement and their county watchdogs .
Guardado was 18 years old when LA County Sheriff ’ s Department deputy Miguel Vega shot him in the back five times on June 18 .
That day , Guardado was standing outside an auto body shop @ @ @ @ @ @ @ worked informally as a security guard when two officers on patrol approached him .
LA County Sheriff ’ s Department investigators have said Guardado ran from the officers but eventually stopped and complied with commands to lay prone on a narrow driveway next to the auto shop .
What happened next remains under investigation but police have said Vega fired his gun after Guardado reached for a pistol the teen dropped near his body .
At the inquest ’ s opening Monday , retired Court of Appeals Justice Candace D. Cooper said that @ @ @ @ @ @ @ relevant evidence in the case , her role is limited to determining the cause and manner of Guardado ’ s death .
“ This is not an adversarial proceeding , ” Cooper said inside the cavernous Kenneth Hahn Hall of Administration board meeting room in downtown LA .
As the hearing officer , Cooper has the sole authority to determine what evidence is admissible and can review sealed evidence .
Only county lawyers and Cooper can ask questions of witnesses , whose testimony is admissible in other court proceedings .
Any decision by @ @ @ @ @ @ @ county coroner .
During questioning , county attorney Michael Miller asked LASD officer Joseph Valencia whether he was under investigation for any reason related to Guardado ’ s death .
At the advice of his attorney , Valencia asserted his Fifth Amendment privileges and declined to address any of Miller ’ s questions .
Prior to questioning , Valencia had handed Cooper a large folder of sealed evidence from the department ’ s investigation .
Miller asked LASD detective Mike Davis , who ’ s conducting the department ’ s investigation of the @ @ @ @ @ @ @ the events leading to Guardado ’ s death .
But Davis also asserted Fifth Amendment privileges and declined to answer questions about the case .
Cooper allowed Valencia and Davis to leave the courtroom but said their invocation of the Fifth Amendment is likely “ overbroad.
” Cooper reminded the officers they are still subject to her subpoena and can be called in again to testify .
Vega , the officer who fatally shot Guardado , was also called to testify , but according to a statement to the court from his attorney @ @ @ @ @ @ @ the country and unavailable until next month .
Cooper said she had not received any declaration from Vega asserting Fifth Amendment privileges and he ’ s still under subpoena .
Lianna Darabedyan , a coroner ’ s investigator who examined the scene of the shooting , testified that a gun was found within five feet of Guardado ’ s head .
Police have said Guardado ’ s DNA , but not his fingerprints , were found on the pistol .
Darabedyan also testified that Davis , the LASD investigator , told her at @ @ @ @ @ @ @ fired his weapon after Guardado appeared to “ reach for his waistband.
” Davis ’ secondhand account of what triggered the shooting contradicts Marangell ’ s prior statement that Vega fired his gun after Guardado reached for a gun on the ground .
LA County deputy medical examiner Kevin Young told Miller that each of the five gunshot wounds to Guardado ’ s body had “ independent lethal capacity , ” meaning they were each fatal on their own .
Young affirmed the coroner ’ s findings that the bullets had a “ @ @ @ @ @ @ @ s back to his torso and told Miller that Guardado could have been on his knees and bending forward when he was killed but that he couldn ’ t determine where the teen ’ s hands were when Vega fired his weapon .
Guardado ’ s fatal injuries were documented in a report released in July by LA County Chief Medical Examiner-Coroner Jonathan Lucas .
Lucas ’ report concluded the manner of death was homicide , that Guardado had no drugs or alcohol in his system and that Vega fired the shots at @ @ @ @ @ @ @ by Guardado ’ s family reached the same conclusion .
LA County Sheriff Alex Villanueva had sought to block the release of Lucas ’ report , saying it would jeopardize the integrity of his department ’ s investigation of the shooting .
Villanueva has also said video of the Guardado shooting is not available since officers were not wearing body cameras and squad cars were not equipped with recording devices .
In September , LA county supervisors directed Lucas ’ department to conduct a public inquest into Guardado ’ s case .
Before @ @ @ @ @ @ @ review LASD ’ s sealed evidence and consult with county counsel on whether more witnesses need to be called .
Cooper also indicated she will decide whether officers can only assert Fifth Amendment privileges for certain lines of questioning .
All current subpoenas issued by Cooper remain in effect until the inquest has concluded .
Guardado ’ s death further catalyzed protests demanding police accountability in LA County as uprisings against police violence were already taking place nationwide .
Guardado ’ s parents , Elisa and Cristobal Guardado , filed a wrongful death @ @ @ @ @ @ @ claiming unreasonable and excessive force and a failure to stamp out a secret officer gang called the Executioners .
The complaint , filed in LA County Superior Court , alleges Vega and his partner , deputy Chris Hernandez , have possible ties to that gang or another police gang called the 3,000 Boys .

In a judicial proceeding not seen in Los Angeles County for nearly four decades, a retired judge Monday presided over an inquest into the cause of death of Andres Guardado, a teen whose fatal shooting by police this past summer reignited protests and further inflamed a rift between law enforcement and their county watchdogs.
LOS ANGELES (CN) — In a judicial proceeding not seen in Los Angeles County for nearly four decades, a retired judge Monday presided over an inquest into the cause of death of Andres Guardado, a teen whose fatal shooting by police this past summer reignited protests and further inflamed a rift between law enforcement and their county watchdogs.
Guardado was 18 years old when LA County Sheriff’s Department deputy Miguel Vega shot him in the back five times on June 18.
That day, Guardado was standing outside an auto body shop in Gardena, California, where he worked informally as a security guard when two officers on patrol approached him.
LA County Sheriff’s Department investigators have said Guardado ran from the officers but eventually stopped and complied with commands to lay prone on a narrow driveway next to the auto shop.
What happened next remains under investigation but police have said Vega fired his gun after Guardado reached for a pistol the teen dropped near his body.
At the inquest’s opening Monday, retired Court of Appeals Justice Candace D. Cooper said that while she will review all available and relevant evidence in the case, her role is limited to determining the cause and manner of Guardado’s death.
“This is not an adversarial proceeding,” Cooper said inside the cavernous Kenneth Hahn Hall of Administration board meeting room in downtown LA.
As the hearing officer, Cooper has the sole authority to determine what evidence is admissible and can review sealed evidence.
Only county lawyers and Cooper can ask questions of witnesses, whose testimony is admissible in other court proceedings. Any decision by Cooper will be forwarded only to the county coroner.
During questioning, county attorney Michael Miller asked LASD officer Joseph Valencia whether he was under investigation for any reason related to Guardado’s death. At the advice of his attorney, Valencia asserted his Fifth Amendment privileges and declined to address any of Miller’s questions.
Prior to questioning, Valencia had handed Cooper a large folder of sealed evidence from the department’s investigation.
Miller asked LASD detective Mike Davis, who’s conducting the department’s investigation of the shooting, whether he saw any of the events leading to Guardado’s death. But Davis also asserted Fifth Amendment privileges and declined to answer questions about the case.
Cooper allowed Valencia and Davis to leave the courtroom but said their invocation of the Fifth Amendment is likely “overbroad.” Cooper reminded the officers they are still subject to her subpoena and can be called in again to testify.
Vega, the officer who fatally shot Guardado, was also called to testify, but according to a statement to the court from his attorney Adam Marangell, Vega is out of the country and unavailable until next month.
Cooper said she had not received any declaration from Vega asserting Fifth Amendment privileges and he’s still under subpoena.
Lianna Darabedyan, a coroner’s investigator who examined the scene of the shooting, testified that a gun was found within five feet of Guardado’s head.
Police have said Guardado’s DNA, but not his fingerprints, were found on the pistol.
Darabedyan also testified that Davis, the LASD investigator, told her at the scene of the shooting that Vega fired his weapon after Guardado appeared to “reach for his waistband.”
Davis’ secondhand account of what triggered the shooting contradicts Marangell’s prior statement that Vega fired his gun after Guardado reached for a gun on the ground.
LA County deputy medical examiner Kevin Young told Miller that each of the five gunshot wounds to Guardado’s body had “independent lethal capacity,” meaning they were each fatal on their own.
Young affirmed the coroner’s findings that the bullets had a “slightly upwards” trajectory from Guardado’s back to his torso and told Miller that Guardado could have been on his knees and bending forward when he was killed but that he couldn’t determine where the teen’s hands were when Vega fired his weapon.
Guardado’s fatal injuries were documented in a report released in July by LA County Chief Medical Examiner-Coroner Jonathan Lucas.
Lucas’ report concluded the manner of death was homicide, that Guardado had no drugs or alcohol in his system and that Vega fired the shots at close range. An independent autopsy commissioned by Guardado’s family reached the same conclusion.
LA County Sheriff Alex Villanueva had sought to block the release of Lucas’ report, saying it would jeopardize the integrity of his department’s investigation of the shooting. Villanueva has also said video of the Guardado shooting is not available since officers were not wearing body cameras and squad cars were not equipped with recording devices.
In September, LA county supervisors directed Lucas’ department to conduct a public inquest into Guardado’s case.
Before adjourning Monday, Cooper said she will review LASD’s sealed evidence and consult with county counsel on whether more witnesses need to be called. Cooper also indicated she will decide whether officers can only assert Fifth Amendment privileges for certain lines of questioning.
All current subpoenas issued by Cooper remain in effect until the inquest has concluded.
Guardado’s death further catalyzed protests demanding police accountability in LA County as uprisings against police violence were already taking place nationwide.
Guardado’s parents, Elisa and Cristobal Guardado, filed a wrongful death lawsuit in August against the department, claiming unreasonable and excessive force and a failure to stamp out a secret officer gang called the Executioners. The complaint, filed in LA County Superior Court, alleges Vega and his partner, deputy Chris Hernandez, have possible ties to that gang or another police gang called the 3,000 Boys.


courthousenews--2020-12-01--Trump Science Adviser Scott Atlas Leaving White House Job

WASHINGTON ( AP ) — Dr. Scott Atlas , a science adviser to President Donald Trump who was skeptical of measures to control the coronavirus outbreak , is leaving his White House post .
A White House official confirmed that the Stanford University neuroradiologist , who had no formal experience in public health or infectious diseases , resigned at the end of his temporary government assignment .
Atlas confirmed the news in a Monday evening tweet .
Atlas joined the White House this summer , where he clashed with top government scientists , including Dr. Anthony Fauci and Dr. Deborah @ @ @ @ @ @ @ to contain the Covid-19 pandemic that has killed more than 267,000 Americans .
Atlas has broken with government experts and the overwhelming consensus of the scientific community to criticize efforts to encourage face covering to slow the spread of the virus .
Just weeks ago on Twitter he responded to Michigan ’ s latest virus restrictions by encouraging people to “ rise up ” against the state ’ s policies .
His views also prompted Stanford to issue a statement distancing itself from the faculty member , saying Atlas “ has expressed views @ @ @ @ @ @ @ s approach in response to the pandemic.
” “ We support using masks , social distancing , and conducting surveillance and diagnostic testing , ” the university said Nov. 16 .
“ We also believe in the importance of strictly following the guidance of local and state health authorities.
” Atlas defended his role in his resignation letter , saying , “ I can not think of a time where safeguarding science and the scientific debate is more urgent.
” Atlas was hired as a “ special government employee , ” which limited @ @ @ @ @ @ @ in a calendar year — a deadline he reached this week .

Dr. Scott Atlas, a science adviser to President Donald Trump who was skeptical of measures to control the coronavirus outbreak, is leaving his White House post.
WASHINGTON (AP) — Dr. Scott Atlas, a science adviser to President Donald Trump who was skeptical of measures to control the coronavirus outbreak, is leaving his White House post.
A White House official confirmed that the Stanford University neuroradiologist, who had no formal experience in public health or infectious diseases, resigned at the end of his temporary government assignment. Atlas confirmed the news in a Monday evening tweet.
Atlas joined the White House this summer, where he clashed with top government scientists, including Dr. Anthony Fauci and Dr. Deborah Birx, as he resisted stronger efforts to contain the Covid-19 pandemic that has killed more than 267,000 Americans.
Atlas has broken with government experts and the overwhelming consensus of the scientific community to criticize efforts to encourage face covering to slow the spread of the virus. Just weeks ago on Twitter he responded to Michigan's latest virus restrictions by encouraging people to “rise up” against the state's policies.
His views also prompted Stanford to issue a statement distancing itself from the faculty member, saying Atlas "has expressed views that are inconsistent with the university’s approach in response to the pandemic."
“We support using masks, social distancing, and conducting surveillance and diagnostic testing,” the university said Nov. 16. “We also believe in the importance of strictly following the guidance of local and state health authorities.”
Atlas defended his role in his resignation letter, saying, "I cannot think of a time where safeguarding science and the scientific debate is more urgent."
Atlas was hired as a “special government employee," which limited his service to government to 130 days in a calendar year — a deadline he reached this week.
By ZEKE MILLER Associated Press


courthousenews--2020-12-01--Farmworkers’ Union Sues Feds Over Wage Freeze

FRESNO , Calif. ( CN ) — The nation ’ s largest agricultural union is suing the Department of Labor for imposing a two-year wage freeze on farm laborers , who are already among the lowest paid workers in the United States .
The new rule published by the Department of Labor on Nov. 5 locks in at 2019 levels the minimum wage employers must pay foreign agricultural workers with H-2A visas , known as the Adverse Effect Wage Rate .
Beginning in 2023 , the Labor Department will tie future wage increases to the the generic employment cost index @ @ @ @ @ @ @ Survey , causing wages to rise at an even slower rate .
U.S. Secretary of Agriculture Sonny Perdue welcomed the new rule in a press release , saying it “ could not have come at a better time ” for American farmers as agricultural labor shortages have led to unsustainable wage increases for farmworkers .
The Labor Department estimates that $ 1.6 billion in H-2A wages will be transferred from workers to employers over the next ten years .
In a federal lawsuit Monday , the United Farm Workers said the rule not @ @ @ @ @ @ @ guest workers but will also cause U.S. farmworkers ’ wages to stagnate .
“ As DOL recognizes , H-2A wages must reflect market rates to protect against wage stagnation or depression .
The Final Rule disregards that principle .
Instead , it purposefully causes farmworker wages to stagnate by imposing a two-year wage freeze , and it later applies adjustments that will produce lower wages , unrelated to market conditions , ” the complaint states .
The union says the new Adverse Effect Wage Rate method will cause workers to be paid at @ @ @ @ @ @ @ under the current regulations .
“ California farmworkers will be paid almost $ 1 less per hour under the Final Rule compared to the current methodology , resulting in approximately $ 170 in lost wages per month , ” the complaint states .
“ Oregon and Washington farmworkers would likewise be paid about $ 0.45 less per hour , resulting in approximately $ 77 in lost wages per month.
” The union said a two-year wage freeze can not be justified , especially when the central purpose of the Adverse Effect Wage Rate @ @ @ @ @ @ @ seek a court order barring the rule from taking effect on Dec. 21 .
In an emailed statement , Bruce Goldstein , president of Farmworker Justice and one of the attorneys in the lawsuit , called the rule “ an utterly arbitrary and unlawful act that inflicts grave harm to some of the most vulnerable workers in the nation.
” The United Farm Workers ’ lawsuit comes on the heels of its successful challenge to the U.S. Department of Agriculture ’ s hasty decision to postpone the Farm Labor Survey this year , @ @ @ @ @ @ @ setting a fair pay rate for farmworkers .
The Department of Labor did not immediately respond to a request for comment late Monday .

The nation’s largest agricultural union is suing the Department of Labor for imposing a two-year wage freeze on farm laborers, who are already among the lowest paid workers in the United States.
FRESNO, Calif. (CN) — The nation’s largest agricultural union is suing the Department of Labor for imposing a two-year wage freeze on farm laborers, who are already among the lowest paid workers in the United States.
The new rule published by the Department of Labor on Nov. 5 locks in at 2019 levels the minimum wage employers must pay foreign agricultural workers with H-2A visas, known as the Adverse Effect Wage Rate.
Beginning in 2023, the Labor Department will tie future wage increases to the the generic employment cost index instead of relying on the Farm Labor Survey, causing wages to rise at an even slower rate.
U.S. Secretary of Agriculture Sonny Perdue welcomed the new rule in a press release, saying it “could not have come at a better time” for American farmers as agricultural labor shortages have led to unsustainable wage increases for farmworkers.
The Labor Department estimates that $1.6 billion in H-2A wages will be transferred from workers to employers over the next ten years.
In a federal lawsuit Monday, the United Farm Workers said the rule not only keeps wages artificially low for foreign guest workers but will also cause U.S. farmworkers’ wages to stagnate.
“As DOL recognizes, H-2A wages must reflect market rates to protect against wage stagnation or depression. The Final Rule disregards that principle. Instead, it purposefully causes farmworker wages to stagnate by imposing a two-year wage freeze, and it later applies adjustments that will produce lower wages, unrelated to market conditions,” the complaint states.
The union says the new Adverse Effect Wage Rate method will cause workers to be paid at least 4% less on average than under the current regulations.
“California farmworkers will be paid almost $1 less per hour under the Final Rule compared to the current methodology, resulting in approximately $170 in lost wages per month,” the complaint states. “Oregon and Washington farmworkers would likewise be paid about $0.45 less per hour, resulting in approximately $77 in lost wages per month.”
The union said a two-year wage freeze cannot be justified, especially when the central purpose of the Adverse Effect Wage Rate is to protect U.S. farmworkers. They seek a court order barring the rule from taking effect on Dec. 21.
In an emailed statement, Bruce Goldstein, president of Farmworker Justice and one of the attorneys in the lawsuit, called the rule "an utterly arbitrary and unlawful act that inflicts grave harm to some of the most vulnerable workers in the nation.”
The United Farm Workers’ lawsuit comes on the heels of its successful challenge to the U.S. Department of Agriculture’s hasty decision to postpone the Farm Labor Survey this year, which a federal judge declared essential to setting a fair pay rate for farmworkers.
The Department of Labor did not immediately respond to a request for comment late Monday.


courthousenews--2020-12-01--Sweeping Flynn Pardon Covers Possible Future Charges

WASHINGTON ( CN ) — President Donald Trump ’ s pardon for Michael Flynn absolves the former national security adviser of the charge of lying to the FBI but also sweeps his slate clean of a breadth of possible future charges .
The Justice Department released the official pardon Monday evening , following its announcement by the president on Twitter last week and asked a federal court in Washington to dismiss Flynn ’ s case as moot .
The government wrote the “ full and unconditional pardon ” clears Flynn of “ any and all possible offenses ” arising from @ @ @ @ @ @ @ Mueller ’ s investigation .
Trump ’ s reprieve for Flynn — his first act of clemency during the lame duck period — goes beyond Flynn ’ s single false statement charge and broadly exonerates him of a wide range of additional criminal charges that could possibly be brought once President-elect Joe Biden takes office .
Flynn pleaded guilty twice to lying to the FBI about his contact with then-Russian ambassador Sergey Kislyak .
After delaying his sentence by cooperating with federal agents investigating Russia interference in the 2016 election , Flynn sought @ @ @ @ @ @ @ the government of misconduct .
The pardon also frees Flynn from “ any possible future perjury or contempt charge in connection with General Flynn ’ s sworn statements and any other possible future charge that this Court or the court-appointed amicus has suggested might somehow keep this criminal case alive over the government ’ s objection , ” the Justice Department wrote .
The Trump administration earlier this year moved to drop the case against Flynn , telling U.S. District Judge Emmet Sullivan that federal prosecutors no longer found his statements to be @ @ @ @ @ @ @ immediately grant the request , instead appointing retired federal judge John Gleeson to argue against the government ’ s motion .
But the Washington judge also asked Gleeson to address why Flynn should not be held in criminal contempt for perjury .
The court-appointed amicus argued Flynn did lie under oath in Sullivan ’ s courtroom but advised the judge to consider the wrongdoing when sentencing the former top-level White House adviser , rather than launching into a new prosecution .
“ I respectfully suggest that the best response to Flynn ’ s @ @ @ @ @ @ @ .
Ordering a defendant to show cause why he should not be held in contempt based on a perjurious effort to withdraw a guilty plea is not what judges typically do , ” Gleeson wrote .
The Justice Department said Monday that Sullivan must immediately dismiss the case in light of the presidential pardon and that “ no further proceedings are necessary or appropriate.
” The president has accused the FBI and Justice Department of destroying Flynn ’ s life and claimed his prosecution was a targeted attempt by Obama-era officials to undermine @ @ @ @ @ @ @

President Donald Trump’s pardon for Michael Flynn absolves the former national security adviser of the charge of lying to the FBI but also sweeps his slate clean of a breadth of possible future charges.
WASHINGTON (CN) — President Donald Trump’s pardon for Michael Flynn absolves the former national security adviser of the charge of lying to the FBI but also sweeps his slate clean of a breadth of possible future charges.
The Justice Department released the official pardon Monday evening, following its announcement by the president on Twitter last week and asked a federal court in Washington to dismiss Flynn’s case as moot.
The government wrote the “full and unconditional pardon” clears Flynn of “any and all possible offenses” arising from facts uncovered by former special counsel Robert Mueller’s investigation.
Trump’s reprieve for Flynn — his first act of clemency during the lame duck period — goes beyond Flynn’s single false statement charge and broadly exonerates him of a wide range of additional criminal charges that could possibly be brought once President-elect Joe Biden takes office.
Flynn pleaded guilty twice to lying to the FBI about his contact with then-Russian ambassador Sergey Kislyak. After delaying his sentence by cooperating with federal agents investigating Russia interference in the 2016 election, Flynn sought to withdraw his guilty plea, accusing the government of misconduct.
The pardon also frees Flynn from “any possible future perjury or contempt charge in connection with General Flynn’s sworn statements and any other possible future charge that this Court or the court-appointed amicus has suggested might somehow keep this criminal case alive over the government’s objection,” the Justice Department wrote.
The Trump administration earlier this year moved to drop the case against Flynn, telling U.S. District Judge Emmet Sullivan that federal prosecutors no longer found his statements to be “materially false.”
Sullivan did not immediately grant the request, instead appointing retired federal judge John Gleeson to argue against the government's motion. But the Washington judge also asked Gleeson to address why Flynn should not be held in criminal contempt for perjury.
The court-appointed amicus argued Flynn did lie under oath in Sullivan’s courtroom but advised the judge to consider the wrongdoing when sentencing the former top-level White House adviser, rather than launching into a new prosecution.
“I respectfully suggest that the best response to Flynn’s perjury is not to respond in kind. Ordering a defendant to show cause why he should not be held in contempt based on a perjurious effort to withdraw a guilty plea is not what judges typically do,” Gleeson wrote.
The Justice Department said Monday that Sullivan must immediately dismiss the case in light of the presidential pardon and that “no further proceedings are necessary or appropriate.”
The president has accused the FBI and Justice Department of destroying Flynn’s life and claimed his prosecution was a targeted attempt by Obama-era officials to undermine the incoming Trump administration in 2017.


courthousenews--2020-12-01--GOP Hangs On to California Congressional Seat Lost in 2018 ‘Blue Wave’

( CN ) — Southern California congressman Mike Garcia narrowly fended off a second challenge by Democratic lawmaker Christy Smith and held on to the 25th Congressional District seat Monday .
Monday ’ s result narrows Democrats ’ majority in the House to 222 .
The Republicans have 211 seats .
The Southern California high desert congressional seat is the fourth California Republicans reclaimed from Democrats following the 2018 “ blue wave.
” Smith , a California lawmaker who represents a large section of the district in the state Assembly , was neck-and-neck with Garcia in the polls for weeks @ @ @ @ @ @ @ counting vote-by-mail ballots .
As of Monday , Smith trailed Garcia by just 405 votes , according to election data .
Smith said in a statement she would not be able to close the gap and that she was proud of her campaign , including its review of thousands of voter ballots that may have otherwise been thrown out .
“ This is not the end result we fought for , but I am proud of the strong , grassroots campaign we ran , ” Smith said in the statement .
“ We @ @ @ @ @ @ @ within our power to ensure that every voice in this election was heard .
Nonetheless , we came up short.
” Garcia , a former Navy pilot and relative newcomer to politics , rode a wave of support from state and national GOP officials to succeed in the hotly contested race to represent a firmly purple district stretching across parts of Los Angeles and Ventura counties .
The Latino congressman has described himself as a patriot called to serve his constituents , not a “ career politician.
” Garcia ’ s campaign did @ @ @ @ @ @ @ comment on the outcome .
On his campaign Twitter account , Garcia posted a clip from the 1991 comedy “ Hot Shots ” in which a bad damaged Navy plane piloted by Charlie Sheen ’ s character beats the odds and lands safely .
Before the Nov. 3 election , Smith told reporters she believed her campaign was at an advantage due to the larger number of registered Democrats in the district and the increased use of vote-by-mail ballots .
And Hillary Clinton ’ s victory over Trump in the district in the @ @ @ @ @ @ @ an expected increase in voter turnout for Democrats , Smith said .
But those votes never materialized .
Smith had 169,059 votes while 169,464 voters pulled the lever for Garcia , according to California Secretary of State election data .
The GOP incumbent will continue to serve a district which has historically elected moderate Republicans but shocked the nation two years ago when it sent Democratic newcomer Katie Hill to Congress .
Hill represented the district in Congress until 2019 , when she resigned following publication of leaked photos of her relationship with @ @ @ @ @ @ @ Republican Steve Knight in a closely watched 2018 election , part of the “ blue wave ” that secured Democrats ’ control of the House .
Smith also flipped a seat that year from red to blue : California ’ s 38th Assembly District , which covers nearly 60 % of the 25th Congressional District .
But this past May , Smith lost to Garcia in a special election to fill the congressional seat left vacant by Hill .
Over the past year of campaigning , the two candidates spent heavily on the @ @ @ @ @ @ @ issues including their stance on support for small businesses , California labor law , health care and the federal response to the coronavirus pandemic .
Garcia , a former executive at defense-systems company Raytheon , said in an interview in February his run for office was inspired by a “ second calling to serve ” after seeing Hill champion pro-immigrant policies and proposals that would raise taxes .
The district native has aligned his voting record in the House with the conservative agenda advanced by President Donald Trump and the Republican Party .
@ @ @ @ @ @ @ ’ s alignment with Trump even after the president downplayed the severity of the Covid-19 outbreak before it swelled into a global pandemic .
Smith , who was endorsed by prominent Democrats across the country and by progressive community organizations , campaigned on a promise to push Congress to make health care affordable for residents .

Southern California congressman Mike Garcia narrowly fended off a second challenge by Democratic lawmaker Christy Smith and held on to the 25th Congressional District seat Monday.
(CN) — Southern California congressman Mike Garcia narrowly fended off a second challenge by Democratic lawmaker Christy Smith and held on to the 25th Congressional District seat Monday.
Monday’s result narrows Democrats’ majority in the House to 222. The Republicans have 211 seats.
The Southern California high desert congressional seat is the fourth California Republicans reclaimed from Democrats following the 2018 “blue wave.”
Smith, a California lawmaker who represents a large section of the district in the state Assembly, was neck-and-neck with Garcia in the polls for weeks after the general election as officials continued counting vote-by-mail ballots.
As of Monday, Smith trailed Garcia by just 405 votes, according to election data.
Smith said in a statement she would not be able to close the gap and that she was proud of her campaign, including its review of thousands of voter ballots that may have otherwise been thrown out.
“This is not the end result we fought for, but I am proud of the strong, grassroots campaign we ran,” Smith said in the statement. “We exhausted every possible option and did everything within our power to ensure that every voice in this election was heard. Nonetheless, we came up short.”
Garcia, a former Navy pilot and relative newcomer to politics, rode a wave of support from state and national GOP officials to succeed in the hotly contested race to represent a firmly purple district stretching across parts of Los Angeles and Ventura counties.
The Latino congressman has described himself as a patriot called to serve his constituents, not a “career politician.”
Garcia’s campaign did not immediately respond to a request for comment on the outcome. On his campaign Twitter account, Garcia posted a clip from the 1991 comedy “Hot Shots” in which a bad damaged Navy plane piloted by Charlie Sheen’s character beats the odds and lands safely.
Before the Nov. 3 election, Smith told reporters she believed her campaign was at an advantage due to the larger number of registered Democrats in the district and the increased use of vote-by-mail ballots. And Hillary Clinton’s victory over Trump in the district in the 2016 election was also a sign of an expected increase in voter turnout for Democrats, Smith said.
But those votes never materialized.
Smith had 169,059 votes while 169,464 voters pulled the lever for Garcia, according to California Secretary of State election data.
The GOP incumbent will continue to serve a district which has historically elected moderate Republicans but shocked the nation two years ago when it sent Democratic newcomer Katie Hill to Congress. Hill represented the district in Congress until 2019, when she resigned following publication of leaked photos of her relationship with a campaign aide.
Hill had defeated Republican Steve Knight in a closely watched 2018 election, part of the “blue wave” that secured Democrats’ control of the House.
Smith also flipped a seat that year from red to blue: California’s 38th Assembly District, which covers nearly 60% of the 25th Congressional District.
But this past May, Smith lost to Garcia in a special election to fill the congressional seat left vacant by Hill.
Over the past year of campaigning, the two candidates spent heavily on the race and sparred over a host of issues including their stance on support for small businesses, California labor law, health care and the federal response to the coronavirus pandemic.
Garcia, a former executive at defense-systems company Raytheon, said in an interview in February his run for office was inspired by a “second calling to serve” after seeing Hill champion pro-immigrant policies and proposals that would raise taxes.
The district native has aligned his voting record in the House with the conservative agenda advanced by President Donald Trump and the Republican Party.
In her campaign, Smith criticized Garcia’s alignment with Trump even after the president downplayed the severity of the Covid-19 outbreak before it swelled into a global pandemic.
Smith, who was endorsed by prominent Democrats across the country and by progressive community organizations, campaigned on a promise to push Congress to make health care affordable for residents.


courthousenews--2020-12-02--Los Angeles Moves Closer to Forcing Oil & Gas Drillers Out of City

LOS ANGELES ( CN ) — After a lengthy legal analysis and at least one threat of a lawsuit , Los Angeles will consider a ban on all oil drilling within the city limits .
Environmental advocacy groups say the proposal — made during a committee meeting Tuesday — to consider a zoning update that would ban oil drilling is a big victory for people who live near drill sites and signals that LA is prepared to phase out fossil fuel use .
“ I think we all probably want to be on board with the idea of separating oil @ @ @ @ @ @ @ are living their lives in neighborhoods , ” said LA City Councilman Paul Krekorian , who asked the city attorney ’ s office to draft an zoning update on oil drilling .
The road to that decision has been steeped in health issues for residents .
For decades , residents in low-income communities exposed to harmful chemicals have demanded the city update zoning codes to address oil drill sites next to homes , schools , parks and churches .
Problem oil operators have been allowed to renew their permits without much oversight by @ @ @ @ @ @ @ leading to severe health issues for generations of Angelenos .
LA is crisscrossed with active , abandoned and plugged wells .
Among 26 oil and gas fields lie roughly 819 active , 296 idle , 3,181 plugged , and 933 buried wells according to the city .
In 2017 , the City Council asked for a report on updating those outdated zoning codes .
This past summer , the city ’ s petroleum administrator recommended several avenues to reduce the toxic air that so many breathe , including a possible 600-foot setback or @ @ @ @ @ @ @ 1,500-foot buffer for any new drill sites .
In such a densely populated city , buffers could mean the oil and gas operators would essentially be forced out of neighborhoods .
But a major caveat lies in the costs .
Setbacks could cost the city at least $ 724 million in anticipated litigation , lost oil production , abandoned wells , cleanup costs and other factors .
Meanwhile , the possible taking of mineral rights from owners could cost the city between $ 1.2 billion to $ 97.6 billion , according to the @ @ @ @ @ @ @ than a year after the City Council asked the city attorney ’ s office to come back with a legal roadmap to update the zoning code , councilmembers shared their thoughts following a briefing on the confidential legal analysis .
“ I have become satisfied we would not be exposed to a budgetary impact , ” said Krekorian .
“ I would be prepared to move forward today with an instruction to the city attorney to not just create a buffer zone but to make oil and gas extraction in the city of @ @ @ @ @ @ @ use.
” Krekorian said he received a call from an oil industry official who threatened to sue the city if it moved ahead with any changes to the zoning codes , but did not specify what part of the industry they represented .
City Council president Nury Martinez asked if the committee could move ahead with its proposal given the threat of a lawsuit , but a representative from the city attorney ’ s office said there was no problem moving forward at this time .
Krekorian ’ s office did not immediately @ @ @ @ @ @ @ The proposal could go before the full City Council for a vote or the new zoning code could be drafted by the city ’ s planning department and city attorney for a final vote .
Before the proposal was made , environmental advocates called in to the committee hearing to ask the city to do more about the harmful chemicals that come from oil drill sites .
On the other side , oil industry workers said the city would endanger their jobs if it made any changes , which could hurt their livelihoods @ @ @ @ @ @ @ is in the crosshairs , but everyone uses our energy , ” said Mike Costigan from electrician union IBEW Local 11 .
“ Please consider our working families.
” But Lisa Hart from the Neighborhood Council Sustainability Alliance said it was sad that this is being framed as an anti-job effort .
“ I understand that these are well-paying jobs but do they serve your children ’ s and your community ’ s interest ?
Labor unions are being co-opted by the oil industry , ” said Hart .
It ’ s unclear @ @ @ @ @ @ @ place and what the city will do next , but to environmentalists who have fought for buffer zones to protect residents the city ’ s latest move marks a huge turning point .
“ We ’ re not over the finish line , but we ’ re closer than ever , ” said Martha Dina Argüello , executive director of the nonprofit Physicians for Social Responsibility , after the committee meeting .

After a lengthy legal analysis and at least one threat of a lawsuit, Los Angeles will consider a ban on all oil drilling within the city limits.
LOS ANGELES (CN) — After a lengthy legal analysis and at least one threat of a lawsuit, Los Angeles will consider a ban on all oil drilling within the city limits.
Environmental advocacy groups say the proposal — made during a committee meeting Tuesday — to consider a zoning update that would ban oil drilling is a big victory for people who live near drill sites and signals that LA is prepared to phase out fossil fuel use in the next few decades.
“I think we all probably want to be on board with the idea of separating oil and gas production from human beings who are living their lives in neighborhoods,” said LA City Councilman Paul Krekorian, who asked the city attorney’s office to draft an zoning update on oil drilling.
The road to that decision has been steeped in health issues for residents.
For decades, residents in low-income communities exposed to harmful chemicals have demanded the city update zoning codes to address oil drill sites next to homes, schools, parks and churches.
Problem oil operators have been allowed to renew their permits without much oversight by city officials according to environmental groups, leading to severe health issues for generations of Angelenos.
LA is crisscrossed with active, abandoned and plugged wells. Among 26 oil and gas fields lie roughly 819 active, 296 idle, 3,181 plugged, and 933 buried wells according to the city.
In 2017, the City Council asked for a report on updating those outdated zoning codes. This past summer, the city’s petroleum administrator recommended several avenues to reduce the toxic air that so many breathe, including a possible 600-foot setback or buffer around existing oil sites and a 1,500-foot buffer for any new drill sites.
In such a densely populated city, buffers could mean the oil and gas operators would essentially be forced out of neighborhoods.
But a major caveat lies in the costs.
Setbacks could cost the city at least $724 million in anticipated litigation, lost oil production, abandoned wells, cleanup costs and other factors. Meanwhile, the possible taking of mineral rights from owners could cost the city between $1.2 billion to $97.6 billion, according to the petroleum administrator’s report.
More than a year after the City Council asked the city attorney’s office to come back with a legal roadmap to update the zoning code, councilmembers shared their thoughts following a briefing on the confidential legal analysis.
“I have become satisfied we would not be exposed to a budgetary impact,” said Krekorian. “I would be prepared to move forward today with an instruction to the city attorney to not just create a buffer zone but to make oil and gas extraction in the city of Los Angeles in all zones a nonconforming use.”
Krekorian said he received a call from an oil industry official who threatened to sue the city if it moved ahead with any changes to the zoning codes, but did not specify what part of the industry they represented.
City Council president Nury Martinez asked if the committee could move ahead with its proposal given the threat of a lawsuit, but a representative from the city attorney’s office said there was no problem moving forward at this time.
A spokesperson for Krekorian’s office said if an oil drilling or gas extraction site is deemed noncompliant the operators would have up to 20 years to cease operation.
There have been no set dates for when the full City Council will vote on whether the city attorney’s office should draft the zoning ordinance update.
Before the proposal was made, environmental advocates called in to the committee hearing to ask the city to do more about the harmful chemicals that come from oil drill sites. On the other side, oil industry workers said the city would endanger their jobs if it made any changes, which could hurt their livelihoods during the pandemic.
“Our industry is in the crosshairs, but everyone uses our energy,” said Mike Costigan from electrician union IBEW Local 11. “Please consider our working families.”
But Lisa Hart from the Neighborhood Council Sustainability Alliance said it was sad that this is being framed as an anti-job effort.
“I understand that these are well-paying jobs but do they serve your children's and your community’s interest? Labor unions are being co-opted by the oil industry,” said Hart.
It’s unclear when the zoning code update will take place and what the city will do next, but to environmentalists who have fought for buffer zones to protect residents the city’s latest move marks a huge turning point.
“We’re not over the finish line, but we’re closer than ever,” said Martha Dina Argüello, executive director of the nonprofit Physicians for Social Responsibility, after the committee meeting.