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Tuesday, May 26, 2015

Bear Aware/ Bankruptcy Ruling




Missoulian: Supreme Court clarifies power of bankruptcy judges
Wellness Int’l Network, Ltd. v. Sharif     
“In July 2010, the Bankruptcy Court issued a ruling finding that Sharif had violated the court’s discovery order. See App. to Pet. for Cert. 92a–120a. It accordingly denied Sharif ’s request to discharge his debts and entered a default judgment against him in the adversary proceeding. And it declared, as requested by count V of Wellness’ complaint, that the assets supposedly held by the Trust were in fact property of Sharif ’s bankruptcy estate because Sharif “treats [the Trust’s] assets as his own property.” Id., at 119a” 

Friday, May 22, 2015

Libby Asbestos Plan/ Businessman Banned from Trading/ Tobacco Lies/ Clinton Emails

Missoulian: Last call' for Libby as EPA discusses its preferred final asbestos remedy
EPA Announces Proposed Plan for Cleanup
Public Comment Period May 8 to July 8, 2015
“The public is invited to review and comment on the EPA’s proposed plan for cleanup and long-term management for all remaining portions of the Libby Asbestos Superfund site, with the exception of the former Libby vermiculite mine and forested areas.”
Proposed plan and related documents »


Missoulian: Tobacco firms get partial win over claims on smoking effects
USA v. Philip Morris USA Inc.
“In this appeal, the fifth in this long-running RICO case against the nation’s cigarette manufacturers, defendants challenge a district court order requiring that they add two statements to their cigarette packages and advertisements: an announcement that a federal court has ruled that they “deliberately deceived the American public” about the dangers of cigarettes; and a declaration that they “intentionally designed cigarettes” to maximize addiction. Reading the extensive briefs the parties and their amici have submitted, one might think this case presents thorny, unresolved questions under both RICO and the First Amendment. As we explain below, however, the heavy lifting has already been done. Given our earlier decisions in this case, the manufacturers’ objection to disclosing that they intentionally designed cigarettes to ensure addiction is both waived and foreclosed by the law of the case. Those decisions make equally clear that the district court, in ordering defendants to announce that they deliberately deceived the public, exceeded its authority under RICO to craft remedies that “prevent and restrain” future violations. 18 U.S.C. § 1964(a).”


Thursday, May 21, 2015

California Pipeline Spill

Missoulian: Thousands of gallons of oil sopped up from California coast
PHMSA Statement Regarding the Crude Oil Pipeline Release in Santa Barbara County, California
“The Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) has sent investigators from the Western Regional Office to the scene of a crude oil pipeline spill in Santa Barbara County, California. On Tuesday, May 19, at approximately 1:30 p.m. PDT, a spill was reported from a 24-inch onshore pipeline operated by Plains All American Pipeline L.P. An estimated 500 BBLs (or approximately 21,000 gallons) of heavy crude oil being transported from offshore production facilities was released near Refugio State Park in Santa Barbara County, California.”

Tuesday, May 19, 2015

State Interim Committees/ US Defense Spending

Missoulian: Lawmakers choose 14 topics to study before 2017 session
Interim Committees for 2015-2016
“During each legislative session, legislators identify issues they want to study in more depth. They appoint interim committees to conduct these and other studies during the interims between sessions. The House and Senate leadership decides on who will be on the interim committees for the interim. Therefore, the members of the interim committees serve one 20-month term. The committees often invite experts to present information to them. Members of the public also get a chance to have their say.”


Monday, May 18, 2015

Oil Well Deaths/ Art Returned/ Meat Origin


Missoulian: Art acquired in WWII Germany returned by Montana brothers
Art Restitution Ceremony
“For decades, the United States has worked to right history, to restore art and cultural property wrongfully displaced during World War II. We’ve been instrumental in creating the 1998 Washington Conference Principles on Nazi-Looted Art and have worked to return art unlawfully removed from collections during the U.S. post-war occupation of Germany. Today we have the privilege of continuing that effort. These five spectacular treasures that were removed from Germany after World War II are returned to the German Government so that they can be restored to their rightful owners.”


Missoulian: World Trade body rejects country of origin labels on meat
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS
“These disputes concern country of origin labelling (COOL) of meat products. The products at issue are imported Canadian cattle and hogs and imported Mexican cattle, which are used in the United States to produce beef and pork.5  In the original proceedings, the Appellate Body upheld the panel's finding under Article 2.1 of the Agreement on Technical Barriers to Trade (TBT Agreement) that the "original COOL measure"6  modified the conditions of competition in the US market to the detriment of imported livestock by creating an incentive in favour of processing exclusively domestic livestock and a disincentive against handling imported livestock.” 

Friday, May 15, 2015

Suicide Prevention Training/ School Bullying Reduced



Bullying Rates Drop
“According to the U.S. Department of Education’s National Center for Education Statistics latest School Crime Supplement (SCS) to the National Crime Victimization Survey, in 2013, the reported prevalence of bullying among students ages 12 to 18 dropped to 22 percent after remaining stubbornly around 28 percent since 2005.”