California court expands endangered-species removal powers
Criminal Law News
The California Supreme Court on Monday said petitioners seeking to remove a subset of coho salmon from the state's endangered species list could present new evidence to argue the listing was wrong.
In a unanimous ruling, the court overturned a lower court decision that said efforts to remove the salmon and other species could only argue that the listing was no longer necessary.
The high court decision came in a lawsuit by Big Creek Lumber Co. and the Central Coast Forest Association, which includes forest landowners. They filed a petition to remove a subset of coho salmon from the state's endangered species list, arguing that the listing was wrong because the fish were not native to the area and were introduced and maintained there artificially using hatcheries.
The fight was over coho salmon in streams south of San Francisco. The Fish and Game Commission listed those salmon as endangered in 1995.
Environmental groups were keeping a close eye on the case to see whether the court would rule on the native species argument. It did not do that and instead sent the case back to the appeals court for that determination.
"We don't accept that they are not native fish just because they are hatchery raised," said Lisa Belenky, a senior attorney at the Center for Biological Diversity, which filed a brief in the case.
Related listings
-
Joseph Wapner, star of 'The People's Court,' dead at 97
Criminal Law News 03/01/2017Joseph Wapner, the retired Los Angeles judge who presided over "The People's Court" with steady force during the heyday of the reality courtroom show, died Sunday at age 97. Son David Wapner told The Associated Press that his father died at home in h...
-
Court ponders mass murderer Breivik's prison conditions
Criminal Law News 01/19/2017An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights. The six-day trial ended Wednesday in a makeshift courtroom inside Skien ...
-
Indiana Supreme Court reprimands Floyd County prosecutor
Criminal Law News 01/14/2017The Indiana Supreme Court has publicly reprimanded Floyd County Prosecutor Keith Henderson for a conflict of interest in a triple-murder case but declined to suspend him as its disciplinary commission suggested. The court ruled Friday that Henderson ...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.