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Legal news from Saturday, April 30, 2011 |
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Utah governor files suit to invalidate federal wilderness order
Erin Bock on April 30, 2011 2:41 PM ET

[JURIST] Utah Governor Gary Herbert [official website] announced on Friday that the state of Utah filed a complaint [statement] in the US District Court for the District of Utah [official website] against the Department of the Interior (DOI) [official website] regarding an order issued by Secretary of the Interior Ken Salazar [official profile] in December. Secretarial Order 3310 [text, PDF] created a new "Wild Lands" designation for public lands and provided that the Bureau of Land Management (BLM) [official website] would maintain an inventory of "lands with wilderness characteristics" within its jurisdiction and integrate the information into decisions regarding land use and management. The order further stated that the BLM should provide recommendations to Congress for designations of areas into the National Wilderness Preservation System [background materials]. The complaint alleges that the order violates provisions of the National Environmental Policy Act (NEPA), the Administrative Procedure Act (APA) and the Federal Land Policy Management Act (FLPMA) [text] by not following proper procedures for notice and rulemaking and is outside of the DOI's legal authority. Hebert relayed his concerns that the implementation of the order would have a negative impact on Utah's economy by hindering land use and development:In Utah, we have beautiful and resource-rich land. Our lands have supported both a strong energy development industry and a vibrant outdoor recreation industry for years. They can continue to do so if all stakeholders are allowed to collaborate within a proper legal framework to determine the best use for our lands. ... Corporations will not invest the time or resources to prepare new bids and engage in new explorations in an unsteady regulatory environment. This order is bad policy, it's bad for Utah, and it's bad for the entire nation. The complaint asks the district court to void the order, set aside any BLM manuals created pursuant to the order and prevent the DOI from issuing any further orders that would infringe on any existing BLM management plans.
This is not the first time a district court has been called upon to settle a dispute over wilderness protection. In February, the US District Court for the District of Idaho [official website] dismissed a lawsuit brought by environmentalists [JURIST report] that challenged the state's "roadless rule" [JURIST news archive] to manage and protect its nine million acres of forests. The National Forest Service (NFS) [official website] issued the Roadless Area Conservation Act [text] in 2001, which prohibited the building of roads or the use of roadless lands in National Parks for timber production. The act is currently in force in all states except Idaho and Alaska. Environmentalists argued that Idaho's version of the rule provided less protection than its federal counterpart. In February 2010, the US District Court for the District of Columbia [official website] granted summary judgment [JURIST report] for the NFS, upholding an agreement limiting the amount of timber that can be harvested in Alaska's Tongass National Forest. Several Alaska towns and companies challenged the 2008 forest plan, which, among other things, designated parts of the forest "old growth reserves," limiting the amount of timber that could be harvested.


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Canada high court rules against farm workers union
Erin Bock on April 30, 2011 1:26 PM ET

[JURIST] The Supreme Court of Canada [official website] on Friday ruled [judgment, PDF] that Ontario's Agricultural Employees Protection Act (AEPA) [text] does not violate the Canadian Charter of Rights and Freedoms [text]. The AEPA denies workers the right to unionize and engage in collective bargaining. The court determined by an 8-1 margin that the APEA does not violate the workers' freedom of association because workers are still permitted to form associations in order to bring grievances to employers. The decision overturned a 2008 decision [text, PDF] by the Court of Appeal for Ontario [official website] finding that the AEPA was in violation of the right and ordered the legislature to create a new law. Representatives for the respondent, United Food & Commercial Workers Union (UFCW) [official website], stated [press release] that they intend to focus on lobbying efforts to change the law and protect workers from rights abuses:The reality is that appealing to the courts has ended. Appealing to the decency and the will of voters is next. This is also a political issue. Most Canadians would be appalled at the working and living conditions of tens of thousands of Ontario agriculture workers. ... There is an Ontario election coming and we and our allies and members will make this an issue. The UFCW has been engaged in litigation regarding farm workers' rights to unionize since 1995, after the Ontario legislature repealed the short-lived Agricultural Labour Relations Act of 1994 [text] that gave workers the right to unionize and engage in collective bargaining. In its place, the legislature enacted the Labour Relations and Employment Statute Law Amendment Act (LRESLAA) [text] denying these rights, but the Supreme Court of Canada issued a decision [text, PDF] in 2001 finding the act infringed on freedom of association and ordered new legislation. The legislature enacted the AEPA shortly thereafter in 2002.
Public unions' rights to engage in collective bargaining has become a major issue in the US as well. Earlier this month, Wisconsin's attorney general filed a Petition for Supervisory Writ to the Wisconsin Supreme Court [JURIST report] claiming that a circuit court judge did not have the constitutional authority to issue a restraining order to temporarily block publication [JURIST report] of the state's Budget Repair Bill [Senate Bill 11 text, PDF]. The original lawsuit alleged that Republican lawmakers did not follow the state's open meetings law [JURIST report] when passing the legislation. The court order was issued in response to debate among government officials [JURIST report] that the law, which strips public unions of the vast majority of their collective bargaining rights, went into effect after it was published on the Wisconsin Legislative Bureau's website. Last month, the Ohio Senate passed a bill [JURIST report] that alters Ohio labor law and restricts the collective bargaining abilities of unions and public sector workers. Governor John Kasich signed the bill into law [Plain Dealer report] at the end of March. Opponents of the bill have begun a campaign to put the issue to a vote by placing a referendum on the November ballot. Several other states are considering similar legislation.


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Mubarak could face death penalty for protester killings
Carrie Schimizzi on April 30, 2011 11:55 AM ET

[JURIST] Former Egyptian president Hosni Mubarak [Al Jazeera profile; JURIST news archive] could face the death penalty if convicted of ordering attacks on protesters during the demonstrations in Egypt [JURIST news archive] early this year. Egypt's Justice Minister Mohammed al-Gindi told [AP report] al-Ahram weekly [official website] that Mubarak would face either the death penalty or life imprisonment if convicted. Mubarak is also facing charges [Ahram report] of corruption and embezzlement of public funds. Zakaria Shalash, head judge of the Cairo Court of Appeals, said this month that Mubarak may face execution [Ahram report] and that testimony of former Egyptian interior minister Habib el-Adly, on trial [BBC report] for killing protesters, could help prove Mubarak was an accomplice to the killings. However, if the prosecution cannot prove that the ordered killings were premeditated, a life sentence will likely be imposed. Mubarak is currently being detained at Sharm el-Sheikh International Hospital after he was hospitalized for heart trouble shortly after his resignation [JURIST report]. Earlier this week, public prosecutor Abdel-Maguid Mahmoud ordered [JURIST report] the transfer of Mubarak to a prison hospital in Cairo, but he was deemed unfit for travel [Xinhua report].
Last month, a commission of Arab and Egyptian human rights groups accused the former president [JURIST report] and the country's police of murdering protesters during the demonstrations in Egypt early this year. The joint commission submitted their report to Egypt's top prosecutor for further investigation. The Supreme Military Council of Egypt, which assumed power after Mubarak's resignation, instructed Egypt's top prosecutor to investigate the death of protesters [RIA Novosti report] during the three weeks of demonstrations in the country. Following the demonstrations, Egypt's chief prosecutor requested in February that Foreign Ministry officials take steps to freeze any foreign assets [JURIST report] belonging to Mubarak and his family.


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