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Legal news from Wednesday, September 7, 2005 |
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Environmental brief ~ Ninth Circuit upholds Clean Air deadline
Tom Henry on September 7, 2005 6:09 PM ET

[JURIST] In Wednesday's environmental law news, the United States Ninth Circuit Court of Appeals [official website] has upheld [PDF text] a decision that found a 2010 deadline set by the San Joaquin Valley Air Pollution Control District [official website] to clean up soot and other particles fell within the guidelines established by the Clean Air Act [text]. The Sierra Club and other groups had argued that the EPA had to require the local air district to meet federal standards by 2006. The San Francisco Chronicle has more.
In other environmental law news... - Norway is in danger of noncompliance with its obligations under the Kyoto Protocol [text; JURIST news archive]. Statistics were presented by a Norwegian government agency Wednesday showing that Norway is discharging 11 percent more greenhouse gases compared to 1990 levels. To comply, Norway has to reduce its emission levels by 2008-2012. Aftenposten has more.
- The US Fish and Wildlife Service (FWS) [official website] is seeking comments on a proposed rule that would delist the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) [advocacy website backgrounder] from the federal Endangered Species List [official website], eliminate its currently designated critical habitat, and withdraw its proposed new critical habitat. The proposed rule follows a ruling by the United States Ninth Circuit Court of Appeals that found that "the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy." (National Association of Home Builders v. Norton, 340 F.3d 835 (9th Cir.2003)) [PDF text]. Comments can be made here until October 3, 2005.
- The US FWS also seeks comments on an incidental take permit application that the agency has received from Snowshoe Mountain, Inc.[corporate website]. Snowshoe plans to expand its West Virginia mountain resort area in an area populated with the West Virginia northern flying squirrel (Glaucomys sabrinus fuscus) [official factpage], a federally endangered species. A draft EA is also available for review (not online). The FWS has more. Comments can be made here until November 7, 2005.
- The US Mine Safety and Health Administration(MSHA)[official website] seeks comments on a proposed rule [text] that would extend the date for compliance with new diesel particulate matter limits in mining operations. MSHA also seeks comments on the appropriateness of including a provision for the medical evaluation of miners required to wear respiratory protection and for the transfer of miners unable to wear a respirator. Comments can be made here until October 14, 2005.


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Army reservist acquitted of Afghanistan abuse charges
Chris Buell on September 7, 2005 3:54 PM ET

[JURIST] US Army Sgt. Christopher W. Greatorex was acquitted Wednesday of charges that he beat a detainee at a facility at the Bagram Air Base in Afghanistan [JURIST news archive] who later died from the injuries. A three-person military jury at Fort Bliss Texas acquitted Greatorex, of the 377th Military Police Company, on charges of abuse, maltreatment and making false statements. During the trial, another Army sergeant testified that she saw Greatorex and another soldier, Sgt. Darin Broady, repeatedly hitting the detainee, Habibullah, in the knees. Habibullah died shortly after being detained by the US in December 2002, and a military report concluded it was due to blood clots in his legs caused by beatings. Broady also faces a court-martial on similar charges. In all, nine soldiers have been charged with abuse of Habibullah [Wikipedia backgrounder] and another detainee in Afghanistan, with several already pleading guilty [AP report; JURIST report] or being convicted. AP has more.


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United files reorganization plan in bankruptcy court
Krista-Ann Staley on September 7, 2005 2:33 PM ET

[JURIST] UAL Corporation, the parent company of United Airlines [corporate website], filed its reorganization plan [PDF text] and disclosure statement [text] in US bankruptcy court Wednesday, before the recently extended [JURIST report] November 1 expiration of its exclusive ability to draft such a plan. A $2.5 billion, all-debt loan package from Citigroup, JPMorgan Chase, General Electric and Deutsche Bank will finance the plan, which is expected to take at least three years to complete. United's chairman, CEO and president Glenn Tilton [Forbes profile] recently told employees the target date for exiting bankruptcy, which they entered in December 2002, is February 1. AP has more.
Previously in JURIST's Paper Chase...


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BREAKING NEWS ~ Annan accepts responsibility for oil-for-food lapses
Jeannie Shawl on September 7, 2005 10:52 AM ET

[JURIST] BBC News is reporting that UN Secretary General Kofi Annan has accepted responsibility for mismanagement of the now defunct UN Oil-for-Food program [official website; JURIST news archive]. The Independent Inquiry Committee [official website] investigating the program delivered its final report [BBC report] to the UN Security Council Wednesday morning and will soon make the full report available to the public. According to an IIC press release [text]: With respect to the Programme as a whole, the Committees central conclusion is that the United Nations requires stronger executive leadership, thoroughgoing administrative reform, and more reliable controls and auditing.
However, responsibility for what went wrong with the Programme cannot be laid exclusively at the door of the Secretariat. Members of the Security Council and its 661 Committee must shoulder their share of the blame in providing uneven and wavering direction in the implementation of the Programme. ...
However well-conceived the Programme was, in principle, the Security Council failed to clearly define the broad parameters, policies and administrative responsibilities for the Programme. This lack of clarity was exacerbated by permitting the Iraqi regome [sic] to exercise too much initiative in the Programme design and its subsequent implementation. Compounding that difficulty, the Security Council, in contrast to most past practice, retained through its 661 Committee, substantial elements of administrative control. As a result, neither the Security Council nor the Secretariat leadership was in overall control.
For all that uncertainty, the Secretariat had significant responsibilities in implementing and administering the Programme. As the Chief Administrative Officer of the United Nations, the Secretary-General, in turn, carried oversight and management responsibilities for the entire Secretariat. That included auditing and controls functions that had demonstrable problems with respect to the Programme.
Within the Programme itself, problems arose almost from the start. This report records the reluctance of both the Secretary-General and the Deputy Secretary-General to recognize their own responsibility for the Programmes shortcomings, their failure to ensure that critical evidence was brought to the attention of the Security Council and the 661 Committee, and their minimal efforts to address sanctions violations with Iraqi officials; altogether there was a lack of oversight concerning OIPs administration of the $100 billion Oil-for-Food Programme, and, above all a failure shared by them both to provide oversight of the Programmes Executive Director, Benon Sevan.
In sum, in light of these circumstances, the cumulative management performance of the Secretary-General and the Deputy Secretary-General fell short of the standards that the United Nations Organization should strive to maintain. In making these findings, the Committee has recognized the difficult administrative demands imposed upon the Secretariat and the Secretary-General, both by the design of the Programme and the overlapping Security Council responsibilities. The final report will also reaffirm the committee's prior findings [JURIST report] that there was not sufficient evidence to conclude that Annan personally sought to influence the procurement process.
11:40 AM ET - The committee's final report is now available.
How should the UN respond to the latest oil-for-food revelations? E-mail us at JURIST@law.pitt.edu.


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Bush urges Senate to focus on Roberts nomination, not O'Connor replacement
Alexandria Samuel on September 7, 2005 10:39 AM ET

[JURIST] A day after announcing his decision to nominate John Roberts [JURIST report] to succeed Chief Justice William H. Rehnquist, President Bush Tuesday urged Senators to concentrate on confirming Roberts, and not speculate on who he will now choose to replace Justice Sandra Day O'Connor, a decision he says will come in "due time". In remarks [transcript] before a Tuesday morning cabinet meeting, Bush said: [It] is important for people to understand. I want the Senate to focus not on who the next nominee is going to be, but the nominee I've got up there now. And it's important for the country that they complete the work. And in the meantime, the country can be assured that I'll take a good, long look at who should replace Justice O'Connor. With hearings on Roberts' nomination scheduled to start next Monday [JURIST report], most Senators hope that a vote on Roberts will take place before the Supreme Court term begins on October 3, but several have called for the production of additional documents. Leading Senate Democrats have said that Roberts' Chief Justice nomination warrants increased scrutiny [JURIST report]. Wednesday's Los Angeles Times has more.


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