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Legal news from Tuesday, October 25, 2005 |
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Guantanamo prisoner on hunger strike wants US court to let him starve to death
James M Yoch Jr on October 25, 2005 4:55 PM ET

[JURIST] A Guantanamo detainee on hunger strike [JURIST report] has asked for a motion ordering his feeding tube to be removed so that he can starve to death, his lawyers said Tuesday. Kuwaiti Fawzi al-Odah [Project Kuwaiti Freedom profile], 28, has been imprisoned without charges at Guantanamo Bay [JURIST news archive] since his arrest in Pakistan in 2002. He has been force-fed through a tube since at least a month; attorneys said in late September that he was one of two hunger-striking Kuwaiti detainees who could then barely sit up or talk [JURIST report]. His lawyers will wait to file the motion until they receive the approval of al-Odahs doctors and family [Amnesty International video interview with father], who oppose the request. Attorney Tom Wilner, who represents al-Odah, anticipates a legal and ethical dilemma, including the "conflict" between the wishes of al-Odah and his family. US military leaders at the camp treat hunger striking as a suicide attempt and seek ways to prevent it, such as force feeding through nasal tubes. Detainee lawyers recently made allegations of prisoner abuse [JURIST report] connected to the ongoing hunger strike, which began August 8 with 76 prisoners; the Pentagon lists the current number of strikers at 26. Al-Odah was previously at the center of the 2004 US Supreme Court ruling Al Odah v. US, joined with Rasul v. Bush [PDF], holding that Guantanamo detainees have recourse to the US federal courts. AP has more.


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Environmental brief ~ Judge rules NJ railroad waste transfer stations can stay open
Tom Henry on October 25, 2005 4:04 PM ET

[JURIST] In Tuesday's environmental law news, Judge Katherine Hayden of the US District Court for the District of New Jersey [official website] ruled Monday that the New York, Susquehanna and Western Railway [corporate website] could continue to operate five waste transfer stations in North Bergen NJ until at least the end of the year. The New Jeresy Department of Environmental Protection [official website] wanted to close the railroad's transfer stations and collect more than $2.5 million in fines assessed against the railroad in July. The railroad argues that it exempt under federal law from state and local regulation, but is attempting to comply with the new state transload facility regulations. Judge Hayden will revisit the public health and safety issues in December, when the railroad's promised improvements are supposed to be in place. NorthJersey.com has more.
In other environmental law news... - The Texas General Land Office (GLO) [official website] has approved the lease [GLO backgrounder] of an 11,000 acre tract in the Gulf of Mexico, 7 miles off the Galveston coast, for the development of a 50 turbine wind farm. The 30 year lease went to the Galveston Offshore Wind company for $10,000 a year, for the first five years, then up to a minimum of $4.9 million in royalties. The money the state receives will go into the state education budget. The company is expected to begin energy production between 2010 and 2012, and hopes to provide energy for about 40,000 homes. AP has more.
- Japanese prosecutors received a case from the Japan Coast Guard [official website] Monday alleging that JFE Steel Corp. [corporate website] and four employees of the company discharged waste water containing toxic cyanide compounds and hydrogen ions exceeding regulatory standards [official factpage] into the eastern part of Tokyo Bay. Prosectors are also investigating allegations of environmental data falsification. Kyodo news has more.
- Japan's Ministry of the Environment [official website] proposed Tuesday that a tax on energy consumption be levied beginning in 2007. The taxes would include 1.58 yen per kilogram for coal, 0.25 yen per kilowatt-hour for electricity, 1.38 yen per cubic meter for manufactured gas and 1.52 yen per liter for gasoline. The taxes are expected to cost each household an average 2,100 yen (US$18) annually. Kyodo News has more.


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Conservative opposition to Miers heats up
Christopher G. Anderson on October 25, 2005 1:58 PM ET

[JURIST] Conservative activist groups are stepping up their opposition to US Supreme Court nominee Harriet Miers [JURIST news archive], launching two new websites Monday and also planning radio and television advertising aimed at forcing the withdrawal of the nomination. The nomination has seemingly lost all support from base conservative groups. According to Brian Burch, a spokesperson for Fidelis [advocacy website], a Catholic pro-life organization, such groups "really do want to support the administration, but we just feel like we've reached a situation with this nomination that is beyond repair." One website launched yesterday, WithdrawMiers.org [advocacy website], features articles critical of Miers, a box where readers can submit anonymous tips on her nomination and a petition calling for her to step down. Another website, BetterJustice.org [advocacy website], features a television ad proclaiming that "Even the best leaders make mistakes," referring to Bush and his Miers nomination. Tuesday's Washington Post has more.


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White House hopes to excuse CIA from new torture rules
Kate Heneroty on October 25, 2005 9:20 AM ET

[JURIST] The White House has proposed absolving CIA agents working abroad from proposed legislation barring "cruel, inhuman, or degrading treatment or punishment" of detainees, the Washington Post reported Tuesday. The exemption introduced by Vice President Dick Cheney and CIA Director Porter Goss, would apply to counter-terrorism operations conducted abroad and operations conducted by "an element of the United States government" other than the Defense Department. The provision [IPS report] the White House seeks to circumvent is the Senate's attempt to close a loophole in the country's anti-torture stance, requiring all US military personnel to follow detainment and interrogation procedures detailed in the Army Field Manual [interrogation manual; additional manuals]. The government has argued these manuals do not apply to foreigners on foreign soil. Earlier this month, the Senate voted 90-9 [JURIST report], over the administration's objection [JURIST report; WH policy statement, PDF], to attach the provision to a pending defense appropriations bill. Sen. John McCain (R-AZ) [official website], who sponsored the legislation and himself was a victim of torture in Vietnam, has allegedly rejected the White House's proposed exemption. The Washington Post has more.


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Civil rights activist Rosa Parks dies at 92
Sara R. Parsowith on October 25, 2005 7:05 AM ET

[JURIST] Civil rights pioneer Rosa Parks [TIME profile], known as the "mother of the civil rights movement," died Monday evening at her home in Detroit. She was 92. Parks was best known for her arrest after refusing to give up her seat to a white man on a bus in Montgomery, Alabama on December 1, 1955, when racial discrimination was still legally sanctioned. Her simple gesture resulted in a year-long boycott [Wikipedia backgrounder] of the Montgomery public transit system. The boycott only ended after bus segregation was ruled illegal in 1956, in Browder v. Gayle [text; Stetson Law School backgrounder, PDF], a decision affirmed by the US Supreme Court in Gayle v. Browder [text]. The Montgomery bus boycott came one year after the landmark Brown v. Board [text; Brown Foundation website] decision banning the "inherently unequal" segregation of blacks and whites in schools. The boycott is said to mark the start of the modern civil rights movement, which led to the 1964 Civil Rights Act [text], banning racial discrimination in public accommodations. In 1999, Parks received the Congressional Gold Medal [US Mint website] for her civil rights work. AP has more.


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