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Plagued by delays, California high-speed rail heads back to court
State Law Issues | 2016/02/07 15:34
California voters embraced the idea of building the nation's first real high-speed rail system, which promised to whisk travelers from San Francisco to Los Angeles in under three hours, a trip that can take six hours or more by car. Eight years after they approved funding for it, construction is years behind schedule and legal, financial and logistical delays plague the $68 billion project.

The bullet train's timeline, funding and speed estimates are back in the spotlight for a longstanding lawsuit filed by residents whose property lies in its path.

In the second phase of a court challenge filed in 2011, attorneys for a group of Central Valley farmers will argue in Sacramento County Superior Court on Thursday that the state can't keep the promises it made to voters in 2008 about the travel times and system cost. Voters authorized selling $9.9 billion in bonds for a project that was supposed to cost $40 billion.

In recent months, rail officials have touted construction of a viaduct in Madera County, the first visible sign of construction. Though officials have been working for years to acquire the thousands of parcels of land required for the project, they currently have just 63 percent of the parcels needed for the first 29 miles in the Central Valley.


NY court agrees to rehear Ex-Goldman board member's appeal
State Law Issues | 2016/02/06 15:34
A federal appeals court in New York has agreed to rehear the appeal of the insider-trading conviction of a former board member for Goldman Sachs and Proctor & Gamble.

The 2nd U.S. Circuit Court of Appeals on Thursday issued an order saying it will rehear the claims of Rajat Gupta. His lawyers say his 2012 conviction on conspiracy and securities fraud charges should be tossed because he was innocent and the jury was improperly instructed.

His attorney Gary Naftalis says he is pleased with the court's ruling and believes there are meritorious issues to present on appeal.

The 57-year-old Gupta is confined to his Westport, Connecticut, home. He won't be formally finished serving a two-year prison sentence until next month.


Court upholds government's energy conservation program
State Law Issues | 2016/01/20 15:35
The Supreme Court has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.

The justices ruled 6-2 on Monday that the Federal Energy Regulatory Commission had the authority to issue directives aimed at conserving energy and preventing blackouts.

The ruling is a win for the Obama administration, environmental groups and other supporters who said the plan saved billions in energy costs, improved reliability of the power grid and reduced air pollution since it was put in place in 2011. Utility companies challenging the rule argued it was too generous and trampled state rights over retail electricity sales.

A federal appeals court ruled 2-1 last year that the plan intrudes on state power over retail electricity sales.



Ala. courts seek $8.5 million to avoid layoffs
State Law Issues | 2013/08/19 14:34
When the state government's new budget year begins on Oct. 1, Chief Justice Roy Moore says he will need assurances that the courts are going to get an extra $8.5 million in state funding or he will have to lay off 150 employees.

The governor and a legislative budget chairman say it's going to be hard to come up with that much money.

Gov. Robert Bentley said he has sympathy for the court system, but the state General Fund is tight. I don't see $8.5 million being awarded. We'll have to see what's available, he said.

The state's $1.7 billion General Fund for the new fiscal year starting Oct. 1 is 0.4 percent larger than the current year's budget.

The budget will increase the court system's appropriation from $102.8 million this fiscal year to $108.4 million for the new year. That $5.6 million increase is second only to the $16.7 million increase given to the prison system. But Moore, who oversees the state court system, said $8.5 million more was needed to maintain court services at their current level.

To help the court system, the budget includes what legislators call a first-priority conditional appropriation of $8.5 million. The budget allows the governor to release extra funding to some state programs if tax collections exceed expectations. The budget requires that if the governor wants to release any extra funding, the court system has to get its $8.5 million first before any other program gets a penny extra.


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