[JURIST] The Bush administration may again decide to temporarily suspend the Jones Act [text] in order to facilitate petroleum shipments between US ports if Hurricane Rita [Wikipedia backgrounder] hinders supplies from reaching refineries, according to a government source Friday. The law says that only vessels built and owned by citizens of the United States and flagged in the United States can carry merchandise between US ports, but the act was waived [US DHS Jones Act waiver, PDF] after Hurricane Katrina [JURIST news archive] because of lost supplies of crude oil and gasoline. The first waiver has expired, with the exception of crude oil being transported from the government's Strategic Petroleum Reserve [official website] to refineries, but is an option for the government to consider after Hurricane Rita passes and the supply levels of pipelines and refineries can then be assessed. Reuters has more.

[JURIST] AP is reporting that Lester Crawford [official profile], commissioner of the Food and Drug Administration [official website], has resigned.

4:08 PM ET - Crawford's resignation comes just two months after his Senate confirmation as FDA chief [JURIST report]. During the confirmation process, Crawford was criticized for dragging his feet while serving as the FDA's acting commissioner on making a determination about the sale of an emergency contraceptive, Plan B [FDA backgrounder]. Last month, a high-ranking FDA official resigned in protest [JURIST report] over the agency's continued delay in deciding whether to approve the contraceptive pills for over-the-counter-sale. A memo circulated by Crawford to his staff Friday cited his age as the reason for his retirement. AP has more.

[JURIST] The European Union Friday presented a motion to the International Atomic Energy Agency (IAEA) [official website] in Vienna that would condemn Iran's nuclear program as a violation of the Nuclear Non-Proliferation Treaty [PDF text; JURIST news archive], but would not refer Iran to the UN Security Council [official website] for possible sanctions. Earlier this week, Germany, France and Great Britain dropped their demand [JURIST report] for Security Council review of Iran's nuclear activities after resistance from China, which purchases Iranian oil, and Russia, which is constructing Iran's first nuclear reactor. Iran said Friday that it would view a referral by the IAEA to the Security Council as a "confrontation," and would then carry out the last steps in making nuclear fuel. AFP has more.

[JURIST] In Friday's environmental law news, Alameda County California supervisors [official website] have approved a plan that would mandate the shutdown of windmills during the winter migratory bird season. The Altamont Pass has over 5,000 windmills and is located along the Pacific Flyway [advocacy website], the main route for the winter migration of birds. According to studies [PDF report ]by the California Energy Commission [official website], about 1000 birds are killed annually at Altamont Pass, more than at any other wind power area in the nation. The plan will shut down 100 to 200 windmills permanently, turn off half of the windmills in November and December, and then turn off the other half in January and February. Environmentalists argue that all the turbines should be turned off for the entire season. The San Francisco Chronicle has more.

In other environmental law news...

• The British Royal Commission on Environmental Pollution [official website] published a report [PDF text] Thursday that recommended a number of measures to protect the public from pesticides. The recommendations include compulsory 5 meter buffer zones on farms, public notification of crop spraying, obligations on the condition of machinery, and replacing the Pesticides Safety Directorate [official website], which is partly funded by industry, with a separate, independent agency to oversee public safety. The British government hopes to issue a reponse to the report by next summer. The London Times has more.
  
  
• The California Public Utility Commission [official website] voted 4-0 Thursday to approve a three year program [press release] that will offer a variety of electricity saving incentives to businesses and residents. The plan, which is expected to cost $2 billion, includes giving rebates to consumers who buy energy efficient appliances, and providing incentives and design assistance to businesses that build "environmentally friendly" buildings. AP has more.

[JURIST] Diplomats said Friday that a French-led working group of the UN Human Rights Committee has completed drafting a treaty [UN statement] that would bind signing countries to prevent enforced or involuntary disappearances [Wikipedia backgrounder], calling them "crimes against humanity". The International Convention for the Protection of All Persons from Enforced Disappearances [working paper, PDF] proposes the prosecution of any "arrest, detention, abduction or any other deprivation of liberty committed by agents of the state." Participating countries will also commit to search efforts and compensation for missing victims. According to the draft, a 10-expert committee will be established to ensure compliance by signing members, but the committee will only have jurisdiction over cases that arise after the document is approved. The working group plans to submit the 26-page draft at the next session of the UN Human Rights Committee [official website], expected to take place next March or April in Geneva. AFP has more.

[JURIST] Leading Friday's states brief, an Alabama Circuit Court [official website] judge has overridden a jury's recommendation of life imprisonment, and sentenced Kerry Spencer to death for the murders of three police officers. Under Alabama law, a judge may override the sentencing recommendation of the jury, and in this case Circuit Judge Tommy Nail felt the horrors of the crime outweighed the recommendation. Spencer, who said he shot out of fear when the officers entered the crackhouse, is entitled to an automatic appeal. AP has more.

In other state legal news ...

• An Ohio abortion law [text] that requires minors to receive parental consent and women to have an informational meeting with a physician 24 hours before the procedure has once again been placed on hold by a federal court. The law was scheduled to take effect Thursday after a federal judge determined the law was constitutional [decision text, PDF] and ordered it effective two weeks after the court's decision [JURIST report]. However, the US Court of Appeals for the Sixth Circuit [official website] intervened, saying the law should not go into effect until it considers the opponents' motion for an indefinite delay pending the outcome of their appeal. Before the appeals court intervened, US District Court Chief Judge Sandra S. Beckwith refused to delay [PDF text] her order allowing the law to take effect. The Toledo Blade has local coverage.
  
  
• The Colorado Court of Appeals [official website] has ruled that a state law allowing local governments the option of providing workers compensation coverage to volunteer police officers is unconstitutional because other types of volunteers, including sheriff posses, firefighters and ambulance teams, are considered employees and are eligible for workers compensation. In finding a violation of equal protection guarantees, the majority opinion stated, "We can conceive of no valid purpose for allowing police volunteers to be excepted from workers compensation coverage, while mandating that all other volunteers, who similarly serve a vital function and are subject to similar risks and perils, be covered." It is unknown whether the decision will be appealed. Colorado's Rocky Mountain News has local coverage.

[JURIST] A federal district court sided with two national gun rights groups Friday by issuing a restraining order [NRA press release] to stop Louisiana law enforcement officials from taking weapons away from individual gun-owners in the aftermath of Hurricane Katrina [JURIST news archive], according to the National Rifle Association (NRA) [advocacy website]. The NRA and the Second Amendment Foundation (SAF) [advocacy website] called the seizures unlawful because they were "arbitrary" and "without warrant or probable cause." The motion for a restraining order [SAF press release] was filed following a lawsuit brought by two Louisiana gun owners who had their firearms confiscated. NRA vice president Wayne LaPierre said Thursday that New Orleans Police Superintendent P. Edwin Compass III "completely overstepped his bounds" two weeks ago when he said that only law-enforcement personnel should be carrying weapons. SAF founder Alan Gottlieb called the confiscation of weapons "outrageous" and said it leaves New Orleans citizens "defenseless against lingering bands of looters and thugs." The Washington Times has more.

[JURIST] A North Korean official said Friday that his country has "fully resolved" all issues regarding North Korean abductions of Japanese citizens [Wikipedia backgrounder; Japanese government backgrounder, PDF], and would not cooperate in any further investigations regarding missing Japanese nationals taken to the Communist state to teach Japanese language and culture at North Korea spy schools because it has "already done all that is required." Japan has requested information on several Japanese who were abducted during the 1970s and 1980s, including a young girl named Megumi Yokota, who was kidnapped at age 13. Last year, North Korea handed over remains that the country claimed were Yokota's, but Japan determined through DNA testing that they actually belonged to two other individuals [JURIST report]. The abductions controversy has been a major strain on Japanese-North Korean relations in the last few years, with Japan considering economic sanctions [JURIST report] against North Korea if the issue remains unresolved. From Japan, Kyodo has more.

[JURIST] The European Commission [official website] Friday strongly condemned a Turkish court's decision to cancel an academic conference to discuss and question the accuracy of Turkey's version of events between 1915 and 1917 leading to 1.5 million deaths in what has been called the Armenian genocide [Wikipedia backgrounder]. Turkey is pursuing membership in the European Union, but the EU has been hesitant about the application, in part because of the country's questionable human rights history. Earlier this year, Turkey committed to reform [JURIST report], but the Commission said if the court's order is not overruled, it will have a detrimental effect on continuing questions about Turkey's eligibility to join. Also weighing on the commission's evaluation of Turkey's potential EU membership is a decision by Turkey's parliament earlier this year to delay implementing a new penal code [JURIST report]. Conference participants plan to appeal the court's decision, while membership negotiations between the EU and Turkey are expected to begin early next month. AFP has more.

[JURIST] Human Rights Watch [advocacy website] has accused prison officials at the New Orleans Templeman III prison facility of leaving hundreds of inmates to fend for themselves [HRW press release] during Hurricane Katrina [JURIST news archive], calling the prisoners' experience a "nightmare." The human rights group interviewed prison staff and dozens of prisoners who said they had been locked in their cells for four days with water rising to their necks and above, and were without food, water, or electricity. Prison officials did evacuate the Templeman I and II buildings one day after the levees broke, but only after the prisoners were almost overcome by the water. Some Templeman III prisoners were able to escape from their cells in time, while others were reported to have drowned. Almost 520 prisoners are still missing and prison officials are uncertain whether they escaped or perished. Last week, an Australian tourist who had been arrested and jailed just before Katrina hit New Orleans said that guards at the jail fled their posts [JURIST report], leaving prisoners to fend for themselves without food, water, toilets or power. The Independent has more.

[JURIST] A British Muslim man was found guilty in London Friday for "possessing articles useful for terrorists" including a hand-written instruction manual explaining how to fire mortars and secret codes that British police linked to al Qaeda. Andrew Rowe [BBC profile] had been under surveillance by British police prior to his arrest and several searches of his homes uncovered videos glorifying the September 11 attacks on the US, traces of explosives, and a notebook containing secret codes using cell phone numbers to identify airports, army bases and weapons. A jury at London's Old Bailey Central Criminal Court [Wikipedia backgrounder] convicted Rowe of possessing the codes and weapons manual, but did not reach a verdict regarding the traces of explosives which were found in two rolled-up socks. Both charges have a maximum sentence of 10 years. Rowe has denied the charges [BBC report] but an anti-terrorism official said he was a "committed jihadist" known worldwide and "the evidence suggests he was planning an attack." Reuters has more. BBC News has local coverage.

[JURIST] Judges, lawyers, and even prisoners are on the move across Texas as residents prepare for the arrival of Hurricane Rita [Wikipedia backgrounder]. The US Court of Appeals for the Fifth Circuit [official website], already bounced from its usual home in New Orleans [JURIST report], has announced closures [press release] for its temporary location in Houston. The US Marshals Service [official website] has moved federal prisoners out of the projected path of the storm in Corpus Christi, and temporarily moved its Houston office. State, county and municipal [City of Houston press release] courts have also suspended operations, and lawyers are advising clients that they will be unavailable. Some are even moving files to safe locations. The Texas Lawyer has more.

[JURIST] Federal prosecutors said Thursday that new charges [PDF indictment] have been filed against one of the men arrested in California earlier this year [JURIST report] on terrorism charges. Hamid Hayat, 23, now faces charges of providing material support to terrorists in addition to accusations that he lied to the FBI about attending a terrorist training camp in Pakistan. He faces up to 31 years in prison if convicted on all charges. Hayat's father was also arrested on for lying to the FBI, but does not face the new count, which is the most serious that can be brought absent an actual terrorist act. Hayat's lawyer says the new charge is just "relabeling" and the prosecutors have not presented evidence that Hayat attended the camp. AP has more.

Previously in JURIST's Paper Chase...

• Grand jury indicts father and son for alleged links to al-Qaida
• FBI gave media, court different versions of Hayat "terror" affidavits
• Father, son arrested for alleged al-Qaida link

[JURIST] The Federal Election Commission [official website] on Thursday dismissed complaints [official press release] that Republican and conservative groups acted improperly to get third-party candidate Ralph Nader [JURIST news archive] on the ballot during the 2004 presidential campaign. Nader said the complaints were "frivolous". The FEC said they had no reason to believe that any of the groups broke the law. Earlier this year, the FEC dismissed a complaint that Democrats [JURIST report] were working illegally to keep Nader off the ballot. AP has more.

[JURIST] Lawyers for jailed Russian oil tycoon Mikhail Khodorkovsky [JURIST news archive; defense website] said Friday that they will appeal his conviction [JURIST report] on tax and fraud evasion charges to the European Court of Human Rights [official website]. A Moscow court Thursday denied Khodorkovsky's appeal [JURIST report] and an appeal to the Russian Supreme Court is also planned, but a ruling from the Russian court is not required before the European Court could act. AP has more. Also Friday, Khodorkovsky's lawyer said his visa had been revoked and he is being forced to leave the country. Robert Amsterdam, a Canadian lawyer who sharply criticized the Kremlin during the case, said government agents came to his hotel room on Thursday night and gave him 24 hours to leave the country. Amsterdam argued that the government engineered the case to punish Khodorkovsky for his political ambitions. In a related development, a spokesman for Russia's General Prosecutor's Office said Friday that the department will seek to strip most of Khodorkovsky's defense team of their licenses to practice law [RIA Novosti report], saying that the lawyers used methods "which were close to criminal." Reuters has more.

[JURIST] Former HealthSouth [corporate website; JURIST news archive] finance chief Weston Smith was sentenced to 27 months in prison followed by one year of probation and ordered to forfeit $1.5 million in assets Thursday for his role in the company's accounting scandal [Wikipedia backgrounder]. In June, the company's former CEO Richard Scrushy [defense website] was acquitted of all charges [JURIST report] during his trial in connection with the scheme to overstate earnings. Smith's sentence is the harshest yet given to those convicted. Prosecutors sought a 5-year prison term, and said Smith deserved more if he hadn't come forward when he did. Defense attorneys countered that Smith was being made an example since Scrushy was acquitted, and that the scandal might never have been uncovered if Smith hadn't revealed it. Former HealthSouth investments vice president Will Hicks received two years probation in a separate proceeding on Thursday, the ninth executive to avoid prison in the case. Three others previously received prison terms of five months, three months, and one week. AP has more.

[JURIST] Army Spc. Charles Graner [Wikipedia profile; JURIST news archive] took the stand Thursday in court-martial proceedings against Pfc. Lynndie England [Wikipedia profile; JURIST news archive], who is facing conspiracy, maltreatment of subordinates and indecent acts charges stemming from the Abu Ghraib [JURIST news archive] prisoner abuse scandal. Graner, who was found guilty [JURIST report] and sentenced to 10 years [JURIST report] in January for leading the prisoner abuse, did not testify at his own trial and this was the first opportunity for military prosecutors to cross examine Graner about the abuse. Graner testified that he did not do anything wrong by putting a leash around the neck of a detainee or by forcing naked detainees to form a human pyramid. Graner also testified that he told England to pose in photographs taken inside the prison [JURIST report]. England's defense [AP report] is expected to emphasize that she did what she was told to by Graner, a higher ranking soldier. Reuters has more.

[JURIST] Rep. Steve Chabot (R-OH), chairman of the US House Subcommittee on the Constitution [official website], said Thursday that legislation restricting state and local government's ability to take private property for private development could be presented to the full House Judiciary Committee in the next few weeks and could be ready for a vote in the US House later this fall. The subcommittee held a hearing [committee materials] Thursday on potential congressional responses to the June US Supreme Court ruling in Kelo v. New London [opinion text; JURIST report], where the court held that local governments can take homes for private development. The committee is reviewing legislation [HR 3135 text, PDF] that would ban the use of federal funds for private development projects that rely on state and local government takings to acquire land and would also bar the federal government from using eminent domain to foster economic development. Similar legislation is also being considered [JURIST report] by the Senate Judiciary Committee. Reuters has more.

[JURIST] The US House Resources Committee [official website] Thursday approved [press release] the Threatened and Endangered Species Recovery Act [PDF text; committee backgrounder], legislation that would overhaul the Endangered Species Act [PDF text] by limiting the government's ability to protect plant and animal habitat while giving new development rights to property owners. The House Committee says that the new legislation is needed because "the Endangered Species Act (ESA) has failed to achieve its purpose of recovering endangered species to healthy and sustainable populations. In addition, the unintended consequences of this law have caused a tremendous amount of conflict with landowners and local communities alike." However, environmental protection group Oceana [advocacy website] has criticized the proposed legislation [press release], in particular provisions that would repeal parts of the ESA that ensure protection for endangered and threatened species. The bill now goes to the full House where a favorable vote is anticipated. However, it is unclear whether the legislation would be approved by the US Senate. AP has more.

[JURIST] Grand Ayatollah Ali al-Sistani [official website], Iraq's most powerful Shiite cleric, said Thursday that he endorsed the draft Iraqi constitution [English translation; JURIST news archive] and called for officials in the Shiite Muslim hierarchy to promote a "yes" vote in the upcoming national referendum. Al-Sistani's endorsement comes as Sunni Arab clerics and tribal leaders called for rejection of the charter [AP report]. Sunni leaders are holding three days of meetings designed to firm up their opposition to the draft [JURIST document], which largely centers on the role of federalism. Meanwhile, Saudi Arabia's foreign minister warned that provisions in the proposed constitution that give more power to Iraqi regions show that Iraq is moving toward disintegration and cautioned that neighboring countries could be drawn into conflicts [USA Today report] between Shiites and Sunnis. Iraqis will vote on the draft constitution on October 15; under Iraq's Transitional Administrative Law [text], a majority must vote in favor of the charter, but if two-thirds of voters in any three of Iraq's provinces reject the draft, the constitution will be defeated. AP has more.