In Thursday's environmental law news, California Governor Arnold Schwarzenegger signed legislation today creating the Sierra Nevada Conservancy. It is California's largest at 25 million acres, and runs from the Oregon border to Kern County. The press release is here. He also signed legislation prohibiting cruise ships from incinerating trash or dumping graywater within three miles of the California coast. The bills are here (incineration) and here (graywater). Reuters has more.

In other environmental law news...

• Eight environmental groups have filed suit in federal district court in Seattle against the EPA arguing that rule changes made in July allow the agency to review some pesticides in alleged violation of the Endangered Species Act. The Act says the EPA must consult with the Fish and Wildlife Service and the National Marine Fisheries Service each time it licenses a new pesticide. AP has more.
  
  
• The US has submitted a proposal to add great white sharks to the Convention on International Trade in Endangered Species (CITES) treaty. The US also hopes to ease restrictions on the American bald eagle, citing a dramatic improvement in its population. The UN convention is scheduled to meet in Thailand in October. AP has more.

As expected after a favorable conference committee report noted previously in JURIST's Paper Chase, the US House of Representatives late Thursday passed the All-American Tax Relief of 2003 (HR 1308), a $145.9 million package that would extend three middle-class tax cuts.

The roll call was 339-65 (official House results and poll of members); all 65 Congressmen voting "No" were Democrats. House Republicans offer background on HR 1308 here. AP has more.

As anticipated earlier on JURIST's Paper Chase, a federal grand jury Thursday returned a 15-count indictment against Peter N. Ellef, co-chief of staff to former Connecticut Governor John G. Rowland. The charges include conspiracy, extortion and money laundering, among others. Contractor William Tomasso and Ellef's son were also charged in the indictment.

The Ellefs and Tomasso allegedly conspired to fix state contracts for the benefit of Tomasso’s construction companies. According to the indictment, Ellef abused his positions as Chairman of the Connecticut Resources Recovery Authority and liaison to various state agencies, including the Department of Public Works and the Department of Economic and Community Development, by diverting state contracts to Tomasso for personal gain. The US Attorney’s office has the indictment [PDF] and a press release.

The Bangladesh government announced Thursday that it plans to reform its divorce laws to give women the right to start divorce proceedings. The reforms are seen as contrary to the law of Islam and are expected to find heavy opposition in parliament and from Islamic groups. Under current Islamic shariah law in Bangladesh, a signatory to the UN Convention on the Elimination of Discrimination Against Women, only men have the right to divorce.

Bangladesh is not the only country to face pressure from Islamic groups concerning women's rights recently; as reported on JURIST's Paper Chase, Turkey's parliament recessed last week without passing an Islam-endorsed bill that sought to recriminalize adultery, punishing women more harshly than men. BBC has more on Bangladesh, and click here for more from Paper Chase on Turkey.

In Thursday's corporations and securities law news, General Electric has settled with the SEC over its failure to disclose former CEO Jack Welch's large retirement package. The SEC gave GE a cease-and-desist order but imposed no other sanctions. Read the SEC press release announcing the settlement here. Read the GE press release here. Read the SEC cease-and-desist order here. Reuters has more.

In other news...

• Lehman Brothers Holdings Inc., the fifth-biggest US securities firm, has reportedly settled a suit filed by investors over the company's role as an underwriter for Enron. Lehman Brothers agreed to pay $222.5 million but will admit to no wrongdoing. Bloomberg has more.
  
  
• As reported earlier on JURIST's Paper Chase, former Computer Associates chairman and CEO Sanjay Kumar and former executive vice president of sales Stephen Richards pleaded not guilty today to allegations of a massive securities fraud involving the company. Read the complaint against Kumar and Richards here [PDF]. UPI has more.
  
  
• Halliburton Co. announced a major restructuring of KBR, its engineering and construction subsidiary. The company is said to be considering selling or spinning off the division should the stock performance fail to improve once costly asbestos litigation is resolved. Read the Halliburton press release announcing the move here. AP has more.
  
  
• A federal bankruptcy judge approved a $50 million loan to Interstate Bakeries Corp. today so the nation's largest wholesale baker can continue operating for another month. The company also announced the resignation of chief executive James Elsesser. AP has more.
  
  
• Trump Hotels & Casino Resorts Inc. and investment banker DLJ Merchant Banking Partners announced a bailout plan for the bankrupt casino has been terminated "by mutual agreement." AP has more.
  
  
• In other SEC related news, the SEC announced a $2.5 million settlement with former Hawaiian Airlines Inc. Chief Executive John Adams over claims he profited by withholding news of the airline's deteriorating finances. The airline will not have to pay any part of the penalty. Read the Hawaiian Airlines press release here. Read the SEC press release announcing the settlement here. Read the SEC cease-and-desist order here. Dow Jones has more.
  
  
• Siebel Systems, a company charged by the SEC under Regulation Fair Disclosure (RFD) for disclosing material nonpublic information during two private events which contrasted earlier negative comments, will challenge the 4-year-old rule by asserting it violates the company's First Amendment right to free speech. The San Francisco Chronicle has more.
  
  
• The SEC has approved a new NASD rule which among other things mandates periodic meetings among brokerage companies' senior managers, requires regulated broker-dealers to designate a chief compliance officer, and mandates compliance officers discuss and address any emerging or significant compliance problems. Read the NASD press release announcing the approval here. UPI has more.

The US House of Representatives passed legislation Thursday afternoon that would prevent the lower federal courts or even the Supreme Court from ruling on the thorny issue of whether the words "under God" should be removed from the Pledge of Allegiance. The Pledge Protection Act (HR 2028) reads in part:

No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, the Pledge of Allegiance, as defined in section 4 of title 4, or its recitation.

A German man has been arrested for allegedly organizing the transfer of nuclear weapons-related supplies to another country, a German prosecutor said Thursday. The man, who was identified only as Helmut R., was arrested Tuesday in the southwest of the country and has since been released on bail.

Authorities accused the man of arranging the transfer of equipment needed to handle spent nuclear fuel in early 2003. Prosecutors would not say what country the transfer had been made to. From Munich, Suddeutsche has local coverage in German. Reuters has more.

In an address Thursday to a special joint session of Congress in Washington, Iraqi Interim Prime Minister Iyad Allawi said that Iraqis wanted to "enjoy the fruits of liberty", and that although he could not promise that planned January elections in his country would come off perfectly, he was confident that elections could be held as early as today in 15 of Iraq's 18 provinces. He went on to says:

Half of the world's 1.5 billion Muslims already enjoy democratically elected governments. As Prime Minister Blair said to you last year when he stood here, anywhere, any time ordinary people are given the chance to choose, the choice is the same: freedom not tyranny, democracy not dictatorship, and the rule of law not the rule of the secret police. Do not let them convince others that the values of freedom, of tolerance and democracy are for you in the West but not for us.

Sanjay Kumar, former Computer Associates International Inc. chief executive, pleaded not guilty to charges of securities fraud and obstruction of justice today. The charges stem from a two-year investigation into accounting fraud at the company.

As reported yesterday on JURIST's Paper Chase, Kumar's indictment was unsealed on Wednesday after Computer Associates agreed to pay shareholders $225 million in a settlement of charges that the company improperly booked $2.2 billion in revenue. Read the details and watch the webcast discussing the agreement on the Computer Associates website here. Read the SEC press release related to the charges against Kumar here. Read the SEC complaint against Kumar here [PDF]. Reuters has more.

A grand jury investigating former Connecticut Gov. John G. Rowland's administration for the past two years was recalled Thursday, with prosecutors in the case saying a major announcement would be made later in the day. Prosecutors had already told former Rowland co-Chief of Staff Peter N. Ellef, Ellef's son, Peter N. Ellef II, and state contractor William A. Tomasso to expect indictments in the near future. The investigation has concentrated on suspected bribes by Tomasso's companies to the Rowland administration in return for millions in state-awarded contracts.

Rowland resigned July 1 in the midst of impeachment proceedings and is the subject of a federal investigation as well. The US Attorney's Office in the District of Connecticut is handling the case. The Hartford Courant has local coverage of the investigation. AP has more.

Previously in JURIST's Paper Chase....

• Adviser to former CT governor can't be forced to testify, appeals court rules
• Resigning Connecticut governor faces federal corruption investigation
• Rowland's former co-chief of staff to be indicted
• Connecticut considers gubernatorial impeachment

AP is reporting that the Florida Supreme Court has struck down a law that blocked Terri Schiavo's husband from removing her feeding tube, keeping the brain-damaged woman alive artificially.

UPDATE: In striking down Terri's Law [PDF], the Florida Supreme Court wrote:

This Court, after careful consideration of the arguments of the parties and amici, the constitutional issues raised, the precise wording of the challenged law, and the underlying procedural history of this case, concludes that the law violates the fundamental constitutional tenet of separation of powers and is therefore unconstitutional both on its face and as applied to Theresa Schiavo. Accordingly, we affirm the trial court?s order declaring the law unconstitutional....

We recognize that the tragic circumstances underlying this case make it difficult to put emotions aside and focus solely on the legal issue presented. We are not insensitive to the struggle that all members of Theresa's family have endured since she fell unconscious in 1990. However, we are a nation of laws and we must govern our decisions by the rule of law and not by our own emotions. Our hearts can fully comprehend the grief so fully demonstrated by Theresa's family members on this record. But our hearts are not the law. What is in the Constitution always must prevail over emotion. Our oaths as judges require that this principle is our polestar, and it alone.

As the Second District noted in one of the multiple appeals in this case, we "are called upon to make a collective, objective decision concerning a question of law. Each of us, however, has our own family, our own loved ones, our own children. . . . But in the end, this case is not about the aspirations that loving parents have for their children." Schiavo IV, 851 So. 2d at 186. Rather, as our decision today makes clear, this case is about maintaining the integrity of a constitutional system of government with three independent and coequal branches, none of which can either encroach upon the powers of another branch or improperly delegate its own responsibilities.

The continuing vitality of our system of separation of powers precludes the other two branches from nullifying the judicial branch's final orders. If the Legislature with the assent of the Governor can do what was attempted here, the judicial branch would be subordinated to the final directive of the other branches. Also subordinated would be the rights of individuals, including the well established privacy right to self determination. See Browning, 568 So. 2d at 11-13. No court judgment could ever be considered truly final and no constitutional right truly secure, because the precedent of this case would hold to the contrary. Vested rights could be stripped away based on popular clamor. The essential core of what the Founding Fathers sought to change from their experience with English rule would be lost, especially their belief that our courts exist precisely to preserve the rights of individuals, even when doing so is contrary to popular will.

The trial court's decision regarding Theresa Schiavo was made in accordance with the procedures and protections set forth by the judicial branch and in accordance with the statutes passed by the Legislature in effect at that time. That decision is final and the Legislature's attempt to alter that final adjudication is unconstitutional as applied to Theresa Schiavo. Further, even if there had been no final judgment in this case, the Legislature provided the Governor constitutionally inadequate standards for the application of the legislative authority delegated in chapter 2003-418. Because chapter 2003-418 runs afoul of article II, section 3 of the Florida Constitution in both respects, we affirm the circuit court?s final summary judgment.

The brother of British hostage Kenneth Bigley has accused the US of sabotaging his brother's release by refusing to release a detained scientist as demanded by the Iraqi kidnappers. The Tawhid and Jihad Group (BBC profile) have threatened to kill Bigley unless the US and UK release all Muslim women held in Iraqi jails.

The US has acknowledged holding two female weapons scientists - Rihab Rashid Taha, nicknamed "Dr. Germ," and Huda Salih Mahdi Ammash - but has said that it will not give in to the kidnappers, despite suggestions from the Iraq Justice Ministry early yesterday (see this previous report on JURIST's Paper Chase) that they should be released. British Prime Minister Tony Blair has taken a similar stance, despite a personal plea from Bigley yesterday (read the text of the plea), JURIST's Paper Chase has background and BBC News has more.

• EU Enlargement Commissioner Guenter Verheugen has given the green light to Turkey's EU hopes. Verheugen met with Turkish Prime Minister Recep Tayyip Erdogan (official site in Turkish), who promised to push through the contested penal reform bill "as soon as possible." The Turkish Parliament (official site in Turkish) will be meeting in special session starting Sunday to get the penal reform bill finished before the EU report on Turkey's bid for entrance is published on October 6. JURIST's Paper Chase has background on the issue here. Turkish Press has more.
  
  
• Brazil (official government site in Spanish) declared Wednesday that it had reached an agreement to allow IAEA inspectors into its uranium enrichment plant, but the IAEA has disputed the declaration, stating only that progress had been made and talks were still continuing. Brazil had stated that it was concerned about possible industrial espionage during the inspection of the plant which produces chemicals the IAEA states may be used in the construction of a nuclear weapon. Brazil's constitution prohibits the country from owning nuclear weapons. BBC News has more on Brazil's statement. The Brazilian Ministry of Science and Technology's statement is here (statement in Spanish). Reuters has more on the IAEA response.
  
  
• A UN Development Programme offical stated yesterday that he believed the World Bank should be immune from criminal liability. The offical spoke to a delegation of Bangladeshi officials considering bringing suit against the UN specialiazed agency. The Charter of the World Bank does not prohibit criminal liability for the organization, nor does its status as a UN body, since it is considered to have autonomy from the UN. Matamat.com has more.

Salem Chalabi, former head of the Iraqi Special Tribunal set up to try Saddam Hussein, accused the Iraqi interim government Thursday of trying to manipulate the tribunal for political ends. Chalabi said that despite last week's announcement (reported on JURIST's Paper Chase) that Saddam's trial would begin in October, the Special Tribunal investigations "are not nearly ready for indictments - let alone trials -- which would meet minimum standards of due process." According to Chalabi, "show trials followed by speedy executions may help the interim government politically in the short term but will be counterproductive for the development of democracy and the rule of law in Iraq in the long term."

Chalabi also said that the interim government had concocted politically motivated murder charges against him in order to remove him from his post, due to his insistence on independence for the tribunal and due protection for all defendants. The Iraqi National Congress announced in early September that Chalabi had been removed, reportedly for failing to return to the country to face murder charges. Knight Ridder has background on Chalabi's removal and Reuters has more on Thursday's comments.

Previously on JURIST's Paper Chase...

• Iraqi judge denies political motive for Salem Chalabi murder charge
• Iraqi tribunal head charged in official's murder
• Saddam war crimes tribunal director under investigation

The US Senate has approved President Bush's nomination of Representative Porter Goss as the new Director of the Central Intelligence Agency. Senate confirmation, by a 77-17 vote, came after six hours of debate where Democrats questioned whether Goss would be politically objective in a job that requires independence.

Goss is a former CIA and Army intelligence officer and currently chairs the House Permanent Select Committee on Intelligence. Read a transcript of President Bush's remarks nominating Goss. AP has more.

A House-Senate conference committee has approved a $145 billion tax cut package, which includes a five-year extension of the $1,000 child tax credit, a four-year extension of tax breaks meant to reduce the marriage penalty on two-income families, and a six-year extension of a provision that allows more people to qualify for the lowest tax rate.

Democratic legislators backed off proposals to pay for the measures, including imposing a surcharge on wealthy families or closing corporate tax shelters. The House Ways & Means Committee has conference documents for the All-American Tax Relief of 2003 (HR 1308), including a comparison of provisions [PDF] in the versions passed by the House and Senate. Thursday's New York Times has more.

The New York Times includes articles on the June Supreme Court decision that made possible the release of Yaser E. Hamdi, an American citizen captured in Afghanistan and held incommunicado for over two years as an enemy combatant, lawyers for tobacco companies beginning their defense against government racketeering charges, a California federal judge who declared a mistrial on Wednesday after a jury said it was deadlocked on whether law enforcement officials used excessive force when they daubed pepper spray in the eyes of anti-logging demonstrators, studies published that reveal some felon laws keep black men from voting. The New York Times business section highlights an SEC investigation of Fannie Mae for improper accounting, hundreds of soldiers who unwittingly signed up for high-cost life insurance receiving full cash refunds from the company that sold the policies, the indictment of Sanjay Kumar, the former CEO of Computer Associates International, with securities fraud and obstruction of justice, and CBS being fined $550,000 for the Janet Jackson Superbowl "wardrobe malfunction."

The Washington Post notes that the number of foreigners who became permanent US immigrants dropped sharply in 2003 due to anti-terrorism measures, plea deals lead the government to drop espionage charges Wednesday against a Syrian-born translator at the Guantanamo Bay military prison, and former singer Cat Stevens was denied entry to the US Wednesday because he is listed on several terror-watch lists.

USA Today includes an article on Peru's president urging world leaders to pressure Japan to extradite former Peruvian President Alberto Fujimori to face corruption charges and allegations he authorized death squad massacres a decade ago.

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, September 23rd.

The Arkansas Supreme Court will hear oral arguments at 9 AM ET on whether to keep a constitutional amendment that would ban same-sex marriage on November's general election ballot. The Arkansas News Bureau has more.

On Capitol Hill, Iraqi Interim Prime Minister Iyad Allawi will address a joint session of Congress at 9:40 AM ET. C-SPAN offers a live webcast.... The US House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security will meet at 9 AM ET for Markup of the Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2004 (HR 4547), the Mentally Ill Offender Treatment and Crime Reduction Act of 2003 (HR 1194), and the Animal Fighting Prohibition Enforcement Act of 2004 (HR 4264). Watch a live webcast of the meeting.... The US House Government Reform Committee will hold an 11 AM ET hearing on intellectual property piracy and protecting US innovation abroad. Watch a live webcast.... The US Senate will convene at 11 AM ET and will begin consideration of the Foreign Operations Appropriations bill for FY 2005 (S 2812). Watch a live webcast (via C-SPAN).

At the United Nations, the 59th session of the General Assembly reconvenes at 10 AM ET with remarks by multiple heads of state, which will continue into the Assembly's 3 PM ET afternoon session. Read the schedule of speakers and watch a live webcast of both sessions.... At 11:30 AM ET, Finland's Minister of Foreign Affairs Erkki Tuomioja and Japan's Minister of Foreign Affairs Yoriko Kawaguchi will hold a press conference on the Comprehensive Nuclear Test Ban Treaty. Watch a live webcast.

The Organization of American States Permanent Council will hold a special meeting at 10 AM ET as incoming Secretary General Miguel Angel Rodriguez assumes office. Read the meeting's agenda.

In Thursday's US law and business press, the Washington Business Journal reports that mortgage lender Fannie Mae has named former Senator Warren Rudman independent counsel to the committee it has named to work with accounting method regulators.... Los Angeles Business reports that the Motion Picture Association of America has sued Click Enterprises for selling Internet movie downloads without permission.... FindLaw's Writ has Cardozo law professor Marci Hamilton's column on the Pledge Protection Act, which would deprive all federal courts of jurisdiction to hear constitutional challenges to the "under God" Pledge of Allegiance.

Click for the previous US law and business press review