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Supreme Court Justices Question Conflict Between Environmental Permitting Mandates in Air Force Case

Supreme Court Justices Question Conflict Between Environmental Permitting Mandates in Air Force Case

The U.S. Supreme Court is currently deliberating a case concerning whether the Department of the Air Force must comply with both the Resource Conservation and Recovery Act (RCRA) and the National Environmental Policy Act (NEPA) for its munitions disposal activities in Guam. The dispute arose when the Guam-based environmental group Prutehi Guahan sued the Air Force for not preparing an environmental assessment or impact statement under NEPA when renewing its permit to blow up and burn hazardous waste munitions on a Guam beach. The Air Force has held a RCRA permit for this activity since 1982. Justice Sonia Sotomayor questioned whether the two statutes truly conflict, even if they cover similar ground. Justice Department attorney Sopan Joshi argued that a conflict could be mere inconsistency, not necessarily a 'metaphysical impossibility' of compliance. However, several justices, including Justice Neil Gorsuch, questioned why the Air Force could not simply comply with both statutes. The case also involves wh...

Supreme Court Grapples with Environmental Review for Air Force Waste Disposal in Guam

Supreme Court Grapples with Environmental Review for Air Force Waste Disposal in Guam

The U.S. Supreme Court is currently examining a case concerning the U.S. Air Force's disposal of waste munitions on Guam's beaches. The core issue revolves around whether the Air Force must comply with the National Environmental Policy Act (NEPA) when applying to renew permits for hazardous waste disposal, specifically at Andersen Air Force Base. For nearly four decades, the Guam Environmental Protection Agency (EPA) approved these permits, but in 2021, it delayed the Air Force's renewal application due to public comments. A local Guam nonprofit, Prutehi Guåhan, subsequently sued the Air Force, alleging a failure to submit environmental impact statements and assessments as required by NEPA. The group argues that exposure to hazardous materials from munitions disposal, such as black powder, phosphorus, and tear gas, threatens local reefs, ecosystems, and the island's main aquifer. The Air Force contends that its permit application is not a final decision subject to challenge and that its disposal activities...

Asheville Citizen-Times

DOJ moves to strip citizenship from 40 people. What to know in NC

DOJ moves to strip citizenship from 40 people. What to know in NC

Department of Justice moves to denaturalization 40 naturalized citizens. Take a look at North Carolina statistics.

The DOJ Is Stocking Its Civil Rights Division With Right-Wing Kooks

The DOJ Is Stocking Its Civil Rights Division With Right-Wing Kooks

The division tasked with independently investigating civil rights violations has hired convicted criminals and conspiracy theorists

New Documents Reveal Further Details in Climate Deception Case Against ExxonMobil

New Documents Reveal Further Details in Climate Deception Case Against ExxonMobil

Previously undisclosed documents have emerged as part of an ongoing lawsuit filed by Massachusetts against ExxonMobil in 2019, providing new details on the company's internal deliberations regarding climate change from the 1980s to the 2010s. These documents, some reported for the first time, include a 1988 memo from Exxon's corporate research department warning of "substantial negative impacts on Exxon" if a worldwide consensus on climate action emerged. They also contain more recent statements from Exxon scientists challenging the company’s public claims about its work on biofuels and carbon capture and storage. For instance, an Exxon scientist testified that a 2018 press release touting the potential for 10,000 barrels of algae biofuel per day by 2025 was "patently false" and "completely impossible to achieve." Another scientist expressed skepticism about Exxon's claims of being a leader in carbon capture technology, noting that the company's operations were largely restricted to gas processing plants, ...

Will Tennessee try to execute Christa Pike again? They might.

Will Tennessee try to execute Christa Pike again? They might.

So far, Tennessee Gov. Bill Lee has not responded to repeated calls from Pike's attorneys and death penalty observers to commute her sentence from the death penalty to life in prison.

ICE Detention Periods Vary Based on Stage of Removal Proceedings, Supreme Court Limits Post-Order Detention

ICE Detention Periods Vary Based on Stage of Removal Proceedings, Supreme Court Limits Post-Order Detention

The duration an individual can be held by Immigration and Customs Enforcement (ICE) before deportation varies significantly depending on the stage of their removal proceedings. An immigration detainer, which is a request from the Department of Homeland Security for a jail or prison to hold someone briefly, allows for a maximum of 48 hours beyond the time they would otherwise be released, excluding weekends and holidays. This 48-hour limit applies to the jail, not ICE. Once ICE assumes custody, this detainer clock ends. For individuals in ICE custody without a final removal order, there is no fixed end date for detention, as authorized by 8 U.S.C. § 1226(a), though release on bond or conditional parole is possible in some cases. However, 8 U.S.C. § 1226(c) mandates detention for individuals with specific criminal grounds. After a final removal order is issued, a 90-day removal period begins, as per 8 U.S.C. § 1231(a)(1). Detention can extend beyond this 90-day period under § 1231(a)(6) for certain categorie...

Supreme Court debates whether to toss climate change lawsuits against big oil

Supreme Court debates whether to toss climate change lawsuits against big oil

The Supreme Court is weighing whether cities can sue oil companies to recover costs for problems caused by climate change like wildfires and flooding.

US Supreme Court rejects Nexstar bid to avoid DirecTV lawsuit over fees

US Supreme Court rejects Nexstar bid to avoid DirecTV lawsuit over fees

By Mike Scarcella WASHINGTON, Oct 5 (Reuters) - The US Supreme Court declined on Monday to hear a bid by Nexstar Media Group, which owns numerous local television stations, to block an antitrust suit by DirecTV challenging allegedly inflated content-distribution fees.

Supreme Court weighs local governments' climate change lawsuits against oil and gas companies

Supreme Court weighs local governments' climate change lawsuits against oil and gas companies

The Supreme Court is considering whether local governments can sue oil and gas companies for climate change costs

Trump takes extraordinary steps to target midterms, alarming critics

Trump takes extraordinary steps to target midterms, alarming critics

Trump's election moves include a redistricting push, seeking to restrict voting and floating a $5,000 payment to every American adult if the GOP wins.

Judicial Security Risks Intensify, Prompting Calls for Structural Reforms to U.S. Marshals Service

Judicial Security Risks Intensify, Prompting Calls for Structural Reforms to U.S. Marshals Service

Threats against judges at all levels in the U.S. are intensifying, leading to calls for structural reforms to judicial security, particularly concerning the U.S. Marshals Service (USMS). According to a letter sent to the Administrative Office of the U.S. Courts (AO) by CREW President and Chief Executive Officer Donald Sherman and Judge Jeremy Fogel, judges are increasingly vulnerable to verbal and physical attacks. Supreme Court justices have also reported direct threats, with Justice Elena Kagan noting that 'threats have come very close' and Justice Amy Coney Barrett mentioning the need for a bulletproof vest. While Congress has increased funding for judicial security, concerns remain that the executive branch could interfere with the USMS's judicial security function, divert resources, or strip security from judges. The letter recommends legislative actions to implement stronger guardrails for USMS judicial security requirements, permit the Chief Justice to enter into agreements for additional security, ...