Pa. court sides with towns in gas drilling fight

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

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

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

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

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

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

German Court Begins Hearing Afghan Airstrike Case

A court in Germany has begun hearing a civil case brought by relatives of some of the 91 Afghans killed in a NATO airstrike four years ago.

Bonn regional court spokesman Philipp Prietze said Wednesday that the court reviewed video recorded by two U.S. fighter jets involved in the airstrike in the Afghan province of Kunduz on Sept. 4, 2009.

The strike was ordered by a German colonel fearful that insurgents would use two stolen fuel tankers to attack his troops.

Germany paid $5,000 each to victims' families, but some are seeking additional compensation. Most of the dead were civilians.

Separately, Germany said it would offer refuge to 182 Afghan translators and drivers who could face persecution after Western troops leave Afghanistan because they worked for the German military.

Appeals court moves BP forward in settlement dispute

The April 2010 blowout of BP's Macondo well off the Louisiana coast triggered an explosion that killed 11 workers on the Deepwater Horizon drilling rig and led to millions of gallons of oil spilling into the Gulf. Shortly after the disaster, BP agreed to create a $20 billion compensation fund that was administered at first by the Gulf Coast Claims Facility, led by attorney Kenneth Feinberg.

BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.

In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."

"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.

Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.

"Because BP has not satisfied its heavy burden of showing that a change in circumstances or law warranted the modifications it sought, the district court correctly affirmed the Administrator's decision rejecting BP's argument and actions to modify the agreement," Dennis wrote.

Judge denies motions in WVU media rights laws

A judge has denied several motions to dismiss West Virginia Radio Corp.'s lawsuit over how West Virginia University awarded a media rights contract for sporting events.
Judge Thomas Evans on Monday rejected requests by WVU Board of Governors, the WVU Foundation and other parties to dismiss the lawsuit in Monongalia County Circuit Court. The motions were based on arguments that West Virginia Radio had failed to make a case for fraud and a violation of public procurement laws. Evans ruled these are important public policy matters and need to be heard.
The network wants Evans to stop WVU from finalizing a 12-year contract with North Carolina-based IMG College.
The judge also is hearing arguments on West Virginia Radio's motion to block the deal and reset the clock to June.

Hells Angel member pleads guilty in Nev. shooting

A member of the Hells Angels motorcycle gang accepted a plea deal Monday, just as he and a member of a rival gang were about to go on trial for murder charges stemming from a 2011 shootout at a northern Nevada casino.

Cesar Villagrana, 38, of Gilroy, Calif., pleaded guilty in Washoe District Court to one count of battery with a deadly weapon and one count of challenge to fight with a deadly weapon resulting in death.

He faces up to 15 years in prison and a $15,000 fine at sentencing, which Judge Connie Steinheimer set for Sept. 4.

Villagrana originally faced up to life in prison on second-degree murder and other charges for shooting a Vagos member in the leg.

The surprise plea deal postponed court proceedings, but jury selection began Monday afternoon for Ernesto Gonzalez of San Francisco, the lone suspected gunman still facing charges in the Sept. 23, 2011, shooting on a busy casino floor at John Ascuaga's Nugget in Sparks.

Read more here: http://www.sacbee.com/2013/07/22/5586026/hells-angel-member-pleads-guilty.html#storylink=cpy

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Court: US can keep bin Laden photos under wraps

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

Ex-wife says former SC Gov. Sanford trespassed

Former South Carolina Gov. Mark Sanford must appear in court two days after running for a vacant congressional seat to answer a complaint that he trespassed at his ex-wife's home, according to court documents acquired by The Associated Press on Tuesday.

The complaint says Jenny Sanford confronted Sanford leaving her Sullivans Island home on Feb. 3 by a rear door, using his cell phone for a flashlight. Her attorney filed the complaint the next day and Jenny Sanford confirmed Tuesday the documents are authentic.

The couple's 2010 divorce settlement says neither may enter the other's home without permission. Mark Sanford lives about a 20-minute drive away in downtown Charleston.

Republican Mark Sanford is trying to revive his political career that was derailed by an extramarital affair that ended the couple's marriage. He faces Democrat Elizabeth Colbert Busch on May 7 as he tries to regain the 1st District congressional seat he held for three terms in the 1990s.

Spokesman Joel Sawyer said the Sanford campaign had no immediate comment on the court documents.

3 guilty in Dallas-area, Houston health care fraud

Three more people have been convicted in a nearly $3 million health care fraud case involving Houston and Dallas-area companies.
Prosecutors say unlicensed doctors were recruited to treat patients at their homes and then wrongly bill Medicare.
A federal judge in Dallas on Wednesday convicted Godwin Umotong and Comfort Gates of Houston of conspiracy to commit health care fraud and health care fraud. A third person - Vagharshak Smbatyan of Grenada Hills, Calif., - was convicted of making a false statement to an agency.
All will be sentenced in July and face penalties ranging from five to 10 years per count.
Prosecutors say Umotong worked for Euless Healthcare Corp. in Hurst and Medic Healthcare Inc. of Houston. Gates worked for Medic.

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Detroit mom in court in daughter's stabbing death

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

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

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

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

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

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