Pa. court sides with towns in gas drilling fight

The highest court in Pennsylvania, heart of the country's natural gas drilling boom, on Thursday struck down significant portions of a law that limited the power of local governments to determine where the industry can operate _ rules the industry sought from Republican Gov. Tom Corbett and lawmakers.

In a 4-2 decision, the Pennsylvania Supreme Court ruled the industry-friendly rules set out by the 2012 law violated the state constitution, although the majority did not entirely agree on why they were unconstitutional.

Seven municipalities had challenged the law that grew out of the state's need to modernize 20-year-old drilling laws to account for a Marcellus Shale drilling boom made possible by innovations in technology, most notably horizontal drilling and hydraulic fracturing. The process, also called fracking, has drawn widespread criticism from environmentalists and many residents living near drilling operations.

"Few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones," wrote Chief Justice Ron Castille. He said the law's rules represented an unprecedented "displacement of prior planning, and derivative expectations, regarding land use, zoning, and enjoyment of property."

The high court's decision comes at a time when the energy industry is increasingly able to capture oil and gas from previously unreachable formations and, as a result, is bumping up against suburban and urban expectations of land use in states including Texas, Colorado and Ohio, where a similar legal challenge is underway.

The 2012 law restricted local municipalities' ability to control where companies may place rigs, waste pits, pipelines and compressor and processing stations, although the new zoning rules never went into effect because of court order after the towns sued. A narrowly divided lower court struck them down in 2012, but Corbett appealed, saying lawmakers have clear authority to override local zoning.

Federal appeals court halts horse slaughterhouses

A federal appeals court on Monday temporarily halted plans by companies in New Mexico and Missouri to begin slaughtering horses, continuing on-again, off-again efforts to resume domestic equine slaughter two years after Congress lifted a ban on the practice.

The 10th U.S. Circuit Court of Appeals in Denver issued a temporary injunction barring the Department of Agriculture from inspecting the plants, which were gearing up to open in the coming days after a federal judge in Albuquerque on Friday dismissed a lawsuit by The Humane Society of the United States. The Humane Society and other animal protection groups alleged the department failed to conduct proper environmental studies when it issued permits to the slaughterhouses.

The Humane Society filed an immediate appeal and won an emergency injunction.

"Horse slaughter is a predatory, inhumane business, and we are pleased to win another round in the courts to block killing of these animals on American soil for export to Italy and Japan," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Meanwhile, we are redoubling our efforts in Congress to secure a permanent ban on the slaughter of our horses throughout North America."

Blair Dunn, who represents Valley Meat Co. of Roswell, N.M., and Rains Natural Meats of Gallatin, Mo., emphasized the order was temporary.

Court favors Abercrombie in Okla. suit over hijab

A federal appeals court has dismissed claims by an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed.

A federal judge initially sided with the Equal Employment Opportunity Commission, which filed the lawsuit on behalf of Samantha Elauf. The EEOC alleged that Elauf wasn't hired in 2008 at an Abercrombie store in Tulsa's Woodland Hills Mall because her hijab violated the clothing retailer's "Look Policy."

The 10th U.S. Circuit Court of Appeals reversed that decision Tuesday. The court said Elauf never told Abercrombie she needed a religious accommodation, even though she was wearing the headscarf during her interview.

The Ohio-based company changed its policy three years ago. It recently settled similar lawsuits in California.

Teen guilty of murdering Georgia baby in stroller

An 18-year-old man was convicted of murder in the shooting of a baby who was riding in a stroller alongside his mom in a town in coastal Georgia.

Jurors deliberated about two hours before finding De'Marquise Elkins guilty in the March 21 killing of 13-month-old Antonio Santiago in Brunswick. The man's mother, Karimah Elkins, was on trial alongside him and was found guilty of tampering with evidence but acquitted of lying to police.

De'Marquise Elkins' attorney asked for bond for his client while they appealed, which a judge denied.

Prosecutors said Elkins killed Antonio in an attempted robbery. The baby's mother, Sherry West, also was shot.

Another teen, 15-year-old Dominique Lang, is also charged with murder in the case and is set to be tried later.

Sherry West testified during the two-week trial that she was walking home from the post office with 13-month-old Antonio Santiago in a stroller on the morning of March 21. She said a gunman demanding her purse shot her baby in the face after she told him she had no money.

Court: US can keep bin Laden photos under wraps

A federal appeals court is backing the U.S. government’s decision not to release photos and video taken of Osama bin Laden during and after a raid in which the terrorist leader was killed by U.S. commandos.
The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia turned down an appeal Tuesday from Judicial Watch, a conservative watchdog group, which had filed a Freedom of Information Act request for the images.
The court said that the CIA properly withheld publication of the images. The court concluded that the photos used to conduct facial recognition analysis of bin Laden could reveal classified intelligence methods — and that images of bin Laden’s burial at sea could trigger violence against American citizens.

Evidence challenged: Miss. court blocks execution

The Mississippi Supreme Court has indefinitely delayed Tuesday's scheduled execution of Willie Jerome Manning amid questions involving evidence in the case, intervening hours before he was set to die for the slayings of two college students.

Manning, who had challenged errors involving evidence analysis, was originally set to receive a lethal injection at 6 p.m. CDT at the state prison in Parchman. But with mere hours remaining, the high court blocked the execution until it rules further in the case.

Manning was convicted in 1994 in the shooting deaths of two Mississippi State University students, Jon Steckler and Tiffany Miller. Their bodies were found in a rural area in December 1992.

The FBI has said in recent days that there were errors in agents' testimony about ballistics tests and hair analysis in the case.

Manning's lawyers had argued in recent filings before the Mississippi Supreme Court that the execution should be blocked based on the U.S. Justice Department's disclosures about testimony that it says exceeded the limits of science.

The court ruled 8-1 on Tuesday for a stay. The court had previously split 5-4 in decisions in the case.

Honolulu court screeners find pet duck in bag

Security screeners at a Honolulu courthouse noticed something moving inside a defendant's bag as it passed through an X-ray machine earlier this week.
After initially refusing to open it, the bag's owner reluctantly revealed that his pet was inside. When he opened the bag, screeners found a live duck and a bottle of beer, Department of Public Safety spokeswoman Toni Schwartz said.
Deputies told Michael Hubbard that his pet and beverage wouldn't be allowed inside Circuit Court, so he left. He returned a short while later and asked that deputies look after his belongings while he went inside for an appointment, Schwartz said, adding that visitors are allowed to leave their things outside at their own risk.

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