Case watch: The Lake Erie Bill of Rights lawsuit

first_imgShare Facebook Twitter Google + LinkedIn Pinterest By Peggy Kirk Hall, director of agricultural law, Ohio State University Agricultural and Resource Law ProgramThe media storm that surrounded the controversial Lake Erie Bill of Rights (LEBOR) has quieted, but the federal lawsuit over LEBOR has heated up. Just a month ago, Toledo residents voted to approve LEBOR. The measure establishes rights within the City’s charter for the Lake Erie Ecosystem to “exist, flourish, and naturally evolve” as well as rights to self-government and a clean and healthy environment for the citizens of Toledo. LEBOR states that corporations or governments that violate these rights can be liable for harm caused and also cannot use existing federal and state laws or permits in defense of the violations. Drewes Farm Partnership filed a lawsuit in federal court the day after LEBOR passed. The farm’s complaint asks a federal court to declare LEBOR unconstitutional on several grounds and also claims that LEBOR violates state laws. Recent developments prompted us to provide this quick update on the lawsuit. City of Toledo agrees to a preliminary injunctionThe court announced on March 18 that the City of Toledo agreed to the entry of a Preliminary Injunction Order. Drewes Farm requested the injunction when it filed the lawsuit. The court stated that the purpose of a preliminary injunction “is merely to preserve the relative positions of the parties until a trial on the merits can be held” and noted that the City of Toledo has not “commenced or initiated any action against Drewes Farms or others pursuant to LEBOR.” Toledo therefore agreed to the injunction and to maintain its current position of not taking any action to enforce LEBOR. Lake Erie Ecosystem and Toledoans for Safe Water ask to join the lawsuitAlso on March 18, two attorneys filed a motion asking the court to allow the Lake Erie Ecosystem and the Toledoans for Safe Water to “intervene” in the case as defendants. Federal rules allow a party to file a motion to intervene and become a party to ongoing litigation as either a matter of right or with permission of the court. The attorneys argue that the parties should be allowed to intervene as of right because they have significant legal interests that will be impaired by the case and that the City of Toledo can’t adequately represent those interests. They also ask the court to allow permissive intervention because the parties have a claim or defense that share a common question of law or fact with the main action. The court has asked Drewes Farm and Toledo to file briefs in response to the motion to intervene. Note that the two attorneys representing the Lake Erie Ecosystem and the Toledoans for Safe Water have worked with the Community Environmental Legal Defense Fund, the organization that assisted with the petition initiative that resulted in the adoption of LEBOR. Lake Erie Ecosystem and Toledoans for Safe Water file a motion to dismiss the lawsuit On the same day as filing a motion to intervene, the attorneys also filed a motion to dismiss the case on behalf of the Lake Erie Ecosystem and Toledoans for Safe Water. The motion argues that Drewes Farm does not have legal “standing” to bring the case, which is based upon federal constitutional law that states that a federal court cannot have jurisdiction over a case unless the plaintiff demonstrates that he or she has suffered concrete and particularized “injury in fact” that is fairly traceable to the defendant’s conduct and that the requested remedies will redress the alleged injuries. Lake Erie and the Toledoans for Safe Water argue that Drewes Farm has not stated a concrete injury or actual or imminent harm due to LEBOR and therefore cannot meet the standing requirement. City of Toledo files its answer to the complaintOn March 27 the City of Toledo filed its answer to the complaint filed against it by Drewes Farm. Toledo presents 16 defenses to the farm’s allegations, which include a general denial of the complaint and other defenses based upon arguments that: the farm does not have legal standing, has not stated a claim or stated actual or imminent harm and has based its harm on premature speculation; that the City itself is immune and has acted properly, in good faith, and as authorized or required by law to act; that the relief requested by the farm would violate the rights of the citizens of Toledo; that the farm has a duty to mitigate its damages; and that the farm failed to join necessary parties and has not stated a basis for the relief requested. Toledo asks the court to dismiss the case and award all costs of the lawsuit to the City of Toledo.What’s next? Now the parties must wait for the court to act on the motion to intervene, motion to dismiss, and/or the City of Toledo’s request to dismiss the case. We’ll keep watching the case and will let you know when the court makes a ruling on any of these requests.last_img read more

MidEast Youth Launches Crowdvoice for Yemeni Day of Rage

first_imgEgypt casts a tall shadow and this last week’s protests have captured the world’s attention. But it is far from the only country to take heart from Tunisia’s revolution and go out into the streets. Yemen has called for tomorrow, February 3, to be its own “Day of Rage.” In conjunction with local online news site YemenPortal, polymath activist group MidEast Youth, probably best known for the Free Kareem campaign (they did, eventually), has launched an English and an Arabic version of its Crowdvoice software and website to capture information about tomorrow’s protests in Yemen. Tags:#Government#international#politics#user-generated content#web Related Posts A Web Developer’s New Best Friend is the AI Wai… curt hopkins CrowdVoice allows readers to read, and contribute to, a user-generated, dynamic aggregation of information on a specific topic. Iranian-American activist and Daily Beast contributor Reza Aslan called it a “powerful tool for discovering voices of dissent.”Features include a blog widget to funnel contributions to a user’s site and the ability to subscribe. In Yemen, protests have been taking place almost daily since the middle of last month in the Yemeni capital of Sanaa. That on January 27th is said to have been attended by as many as 16,000 protesters. Like Tunisia and Egypt, a major demand of the protesters is an end to the 32-year rule of its president, Ali Abdullah Saleh. A constitutional amendment currently before the legislature would legalize Saleh’s lifetime occupation of that office. Unlike both Tunisia and Egypt, the strongest voice calling for this day of concerted protest doesbelong to the representative of an Islamist group. In addition to being a senior member of the Islamist-influenced opposition Al-Ishah party, Tawakel Karman, is also an activist and the founder of the non-governmental organization Women Journalists Without Chains. She was arrested on January 22nd and held for several days before being released. Esra’a Al-Shahei, founder of MidEast Youth, said the protests do not seem any more “Islamist-led” than those in Tunisia or Egypt. “My personal opinion (is) it isn’t being led by Islamists at all. Women’s rights defenders appear to be the forefront of many of these protests.”The day has generated its own hashtag, #feb3, a Yemeni version of Egypt’s #jan25.Disclosure: MidEast Youth provided server space for the Committee to Protect Bloggers, which I founded. I have also worked with them briefly on other projects. While the editor at CPB, I covered the travails of YemenPortal. Top Reasons to Go With Managed WordPress Hosting Why Tech Companies Need Simpler Terms of Servic… 8 Best WordPress Hosting Solutions on the Marketlast_img read more

Bolick leads Red Lions to 7th straight victory

first_imgRead Next UPLB exempted from SEA Games class suspension Typhoon Kammuri accelerates, gains strength en route to PH Reprising his heroics in the finals last season where the Lions swept the Chiefs in two games, Bolick dished out a solid outing, finishing with 25 points on top of six rebounds as San Beda built an early lead and never looked back.“We were happy that we got this win to finish the first round with a win,” said San Beda coach Boyet Fernandez. “At least, we’re two games ahead of third-running JRU.”FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutThe Chiefs fell to 3-6.The Bombers picked up their fourth straight victory at the expense of the Mapua Cardinals, 68-59, in the first game. Trending Articles PLAY LIST 00:50Trending Articles01:07Trump talks impeachment while meeting NCAA athletes01:31Go: Search for ‘perfect, honest man’ to lead PNP still on01:37Protesters burn down Iran consulate in Najaf01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games JRU got a huge lift from guard Aaron Bordon, who had 17 points, but coach Vergel Meneses was hardly satisfied with the win against an undermanned Mapua team.“A win is a win, but the way we played, I’m not happy with it,” said Meneses. “They thought they can easily win against Mapua and Mapua gave them a hard time.”Jed Mendoza and Ervin Grospe added 12 and 11 points respectively for the Bombers, who struggled to put away the Cardinals in the endgame after a spate of turnovers.Mapua fell to its seventh straight defeat as it continued to miss top gun Andoy Estrella, starting forward Almel Orquina, and reserve big man Sean Magboo due to injuries.The Bombers notched their sixth win in nine games despite a quiet outing from Tey Teodoro, who only had seven points.ADVERTISEMENT Kammuri turning to super typhoon less likely but possible — Pagasa WATCH: Streetboys show off slick dance moves in Vhong Navarro’s wedding Brace for potentially devastating typhoon approaching PH – NDRRMC Robert Bolick took charge anew as San Beda turned last season’s finals rematch into a virtual workout, running roughshod on a listless Arellano squad, 95-70, Tuesday night to close out its NCAA first round on a high note at Filoil Flying V Centre in San Juan.Unforgiving on the defensive end, the Red Lions also found their stride in the second period as they coasted to another lopsided victory that extended their winning streak to seven matches and stay just a game behind leader Lyceum.ADVERTISEMENTcenter_img LOOK: Venues for 2019 SEA Games Etheridge back with nat’l team LATEST STORIES Catriona Gray spends Thanksgiving by preparing meals for people with illnesses SEA Games in Calabarzon safe, secure – Solcom chief Don’t miss out on the latest news and information. MOST READ View commentslast_img read more

10 months agoREVEALED: Europe’s big 5 in talks with Arsenal midfielder Ramsey

first_imgTagsTransfersAbout the authorPaul VegasShare the loveHave your say REVEALED: Europe’s big 5 in talks with Arsenal midfielder Ramseyby Paul Vegas10 months agoSend to a friendShare the loveAaron Ramsey is in talks with five of Europe’s biggest clubs about a move away from Arsenal, it has been claimed.BBC Sport says starting from January 1, the opening of the transfer window, Ramsey is able to negotiate and sign a pre-contract agreement with foreign sides.The Welshman is considering moves to PSG, Real Madrid, Inter Milan, Juventus, and Bayern Munich.Over the past week speculation over Ramsey’s future destination has stepped up, with Juventus being the current most likely club to acquire his services. The 28-year-old is reportedly ‘increasingly tempted’ by a move to Turin and the Italian champions. last_img read more

a month agoDonnarumma insists AC Milan players behind coach Giampaolo

first_imgDonnarumma insists AC Milan players behind coach Giampaoloby Carlos Volcanoa month agoSend to a friendShare the loveAC Milan goalkeeper Gianluigi Donnarumma insists the players are behind coach Marco Giampaolo.Milan threw away the lead to lose 2-1 to Torino on Thursday night.“It’s a defeat that burns. It’s a dark day and I struggled to sleep last night,” Donnarumma told Sky Sport Italia.“Yesterday I saw the team give everything, I’m sorry for everyone, the fans included. We have to follow the Coach because we’re working well and we have great ideas on how to play. We must follow him.“Giampaolo’s a great Coach. I’m sorry because yesterday we had a great game and we didn’t deserve to lose.“We’re all with him. It’s normal to struggle a bit at the start with new ideas and new players, but we should continue to follow him. We’re all with him.“After the first goal, we fell apart. We need to improve on this. If we’d remained compact, we would’ve been able to take the win home.” About the authorCarlos VolcanoShare the loveHave your saylast_img read more

21 days ago​Robertson wants ‘complete performance’ from Liverpool against Leicester

first_imgAbout the authorFreddie TaylorShare the loveHave your say ​Robertson wants ‘complete performance’ from Liverpool against Leicesterby Freddie Taylor21 days agoSend to a friendShare the loveLiverpool full back Andy Robertson wants to see his side give the perfect performance at the weekend.The Reds are facing off against high flying an in form Leicester City on Saturday afternoon.And Robertson believes that the Reds, who have a 100 percent record in the league so far, need to prove their title credentials against a tough opponent.He also spoke about their recent 4-3 win over RB Salzburg in the Champions League.Robertson told reporters: “At three-nil up and you think you are going to be comfortable but we started probably doing things we shouldn’t have done, we let them back into the game and they are a good team. That’s why that happened.”Then when we went to 3-3 and to show the character we did was important. But we need to sort out that 50-minute period when we weren’t good enough.”We have had a lot of away games but so far, so good but we need to get better and that is the pressure we put on ourselves.”We have got results but today could have been different, Saturday could have been different so we need to look at that and we need to play better.”But when you don’t play well it is important to get results and that’s what we have done. We were very good first half but we need a complete performance and we need that on Saturday.” last_img read more

18 July Marks Nelson Mandela Day

first_imgEvery year on 18 July — the day Nelson Mandela was born — the UN asks individuals around the world to mark Nelson Mandela International Day (18 July) by making a difference in their communities.Everyone has the ability and the responsibility to change the world for the better, and Mandela Day is an occasion for everyone to take action and inspire change.For 67 years Nelson Mandela devoted his life to the service of humanity — as a human rights lawyer, a prisoner of conscience, an international peacemaker and the first democratically elected president of a free South Africa.The Nelson Mandela Foundation is dedicating this year’s Mandela Day to Action Against Poverty, honouring Nelson Mandela’s leadership and devotion to fighting poverty and promoting social justice for all.In November 2009, the UN General Assembly declared 18 July “Nelson Mandela International Day” in recognition of the former South African President’s contribution to the culture of peace and freedom.General Assembly resolution A/RES/64/13 recognizes Nelson Mandela’s values and his dedication to the service of humanity, in the fields of conflict resolution, race relations, the promotion and protection of human rights, reconciliation, gender equality and the rights of children and other vulnerable groups, as well as the fight against poverty and the promotion of social justice. It acknowledges his contribution to the struggle for democracy internationally and the promotion of a culture of peace throughout the world.In December 2015, the General Assembly decided to extend the scope of Nelson Mandela International Day to also be utilized in order to promote humane conditions of imprisonment, to raise awareness about prisoners being a continuous part of society and to value the work of prison staff as a social service of particular importance.General Assembly resolution A/RES/70/175 not only adopted the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, but also approved that they should be known as the “Nelson Mandela Rules” in order to honour the legacy of the late President of South Africa, who spent 27 years in prison in the course of his struggle referred to above.last_img read more

High surf advisory until Saturday at 8 pm

High surf advisory until Saturday at 8 pm

first_img Ed Lenderman, Posted: November 30, 2018 Updated: 5:39 PM November 30, 2018 Categories: Local San Diego News FacebookTwittercenter_img Ed Lenderman 00:00 00:00 spaceplay / pause qunload | stop ffullscreenshift + ←→slower / faster ↑↓volume mmute ←→seek  . seek to previous 12… 6 seek to 10%, 20% … 60% XColor SettingsAaAaAaAaTextBackgroundOpacity SettingsTextOpaqueSemi-TransparentBackgroundSemi-TransparentOpaqueTransparentFont SettingsSize||TypeSerif MonospaceSerifSans Serif MonospaceSans SerifCasualCursiveSmallCapsResetSave SettingsOCEAN BEACH (KUSI)- A little bit of everything, make that a lot of everything, on the coast: rain squalls, amid brief sunshine, gale-force winds and the constant of a pounding surf- and the pounding included the underside of the Ocean Beach Pier.Amid a high surf advisory– it lasts until Saturday night, and waves roiling the pier and then starting to break outside of it– lifeguards closed the pier just before 8 a-m.By the way the surf advisory was accompanied by a county health warning: No one should go into the water for 72 hours because of the high bacteria levels from urban runoff that accompany a big storm.There weren’t any surfers in the water anyway– no form in this white water. High surf advisory until Saturday at 8 p.m.last_img read more

DC on Verge of Taking Possession of Walter Reed Property

DC on Verge of Taking Possession of Walter Reed Property

first_imgThe District of Columbia is slated to take ownership of 66 acres of the former Walter Reed Army Medical Center by the end of the month, marking a critical milestone in the effort to redevelop the property into a mix of residential, office and retail space over the coming decades.A 10-day review of the transfer agreement by the D.C. Council ends July 10. If no action is taken to stop the purchase, it will be considered approved without a vote, reported the Washington Business Journal.The District will pay the Army $22.5 million and obtain the parcel through an economic development conveyance, under an agreement announced last November. The first payment of $10 million will be due at closing and will come from the District’s coffers as well as the city’s master development team. The balance will be due one year later. The deal does not include any revenue sharing.After closing, the city will lease the site to its master developers — a joint venture of Hines Interests LP, Urban Atlantic and Triden Development Group. Revenue from eight years of lease payments will offset the site’s acquisition cost.The reuse plan for the project, the Parks at Walter Reed, calls for 2,100 housing units (432 affordable), 250,000 square feet of retail anchored by a large-format supermarket, 14 acres of open space, a Hyatt hotel and conference center, space for arts organizations, an ambulatory care clinic from Howard University, and an innovation core anchored by George Washington University and the Massachusetts Institute of Technology.The Army already has handed over about 33 acres of the 110-acre campus to the State Department for the development of a foreign missions center, according to the story. Much of the remaining property will be conveyed to Children’s National Medical Center. Dan Cohen AUTHORlast_img read more