Arizona
U.S. judge denies request to halt Oak Flat land transfer to copper mining company
A U.S. district judge on Friday denied the latest request by a Native American tribe, environmentalists and other plaintiffs to stop the federal government from transferring land in Arizona for a massive copper mining project.
The ruling by Judge Dominic Lanza triggered an immediate appeal to the 9th U.S. Circuit Court of Appeals as a deadline fast approaches for the federal government to move ahead with the transfer next week.
Lanza outlined the “stark trade-offs” at the heart of the fight over Oak Flat, an area considered sacred. He pointed to the economic and national security benefits that would come from the land transfer and the indescribable hardships that would result from the permanent destruction of the Apaches’ historical place of worship.
Lanza wrote that the nation’s political branches are responsible for weighing competing objectives and determining how to balance them.
“Here, Congress chose to pursue the land exchange despite the existence of many significant trade-offs and the president chose to ratify Congress’s choice by signing the law into effect,” he wrote. “As a result, the Court must accept that this choice advances the public interest and operate from that premise.”
Conservation groups that are appealing the decision acknowledged that the clock was ticking but said they were not giving up.
The San Carlos Apache Tribe, the group Apache Stronghold and other plaintiffs having been fighting in court for years to save what tribal members call Chi’chil Bildagoteel, which is dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion.
The plaintiffs have taken aim at a required environmental review that was released by the U.S. Forest Service earlier this summer. They contend the federal government did not consider the potential for a dam breach, pipeline failure or if there was an emergency plan for a tailings storage area.
Before the land exchange can happen, they argued that the federal government must prepare a comprehensive review that considers “every aspect of the planned mine and all related infrastructure.”
The plaintiffs also raised concerns that an appraisal failed to account for the value of the copper deposits underlying one of the federal parcels to be exchanged
The fight over Oak Flat dates back about 20 years, when legislation proposing the land exchange was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014.
The project has support in nearby Superior and other mining towns in the area. Resolution Copper — a subsidiary of international mining giants Rio Tinto and BHP — estimates the mine will generate $1 billion a year for Arizona’s economy and create thousands of jobs.
The tribe and the advocacy group Apache Stronghold sued the U.S. government in 2021 to protect Oak Flat. The U.S. Supreme Court in May rejected an appeal by the Apache group, letting lower court rulings stand.
Washington
Supreme Court allows Mississippi to require age verification on social media like Facebook and X
WASHINGTON (AP) — The Supreme Court on Thursday refused for now to block enforcement of a Mississippi law aimed at regulating the use of social media by children, an issue of growing national concern.
The justices rejected an emergency appeal from a tech industry group representing major platforms like Facebook, X and YouTube.
NetChoice is challenging laws passed in Mississippi and other states that require social media users to verify their ages, and asked the court to keep the measure on hold while a lawsuit plays out.
There were no noted dissents from the brief, unsigned order. Justice Brett Kavanaugh wrote that there’s a good chance NetChoice will eventually succeed in showing that the law is unconstitutional, but hadn’t shown it must be blocked while the lawsuit unfolds.
NetChoice argues that the Mississippi law threatens privacy rights and unconstitutionally restricts the free expression of users of all ages.
A federal judge agreed and prevented the 2024 law from taking effect. But a three-judge panel of the 5th Circuit U.S. Court of Appeals ruled in July that the law could be enforced while the lawsuit proceeds.
It’s the latest legal development as court challenges play out against similar laws in states across the country.
Parents and even some teenagers are growing increasingly concerned about the effects of social media use on young people. Supporters of the new laws have said they are needed to help curb the explosive use of social media among young people, and what researchers say is an associated increase in depression and anxiety.
Mississippi Attorney General Lynn Fitch told the justices that age verification could help protect young people from “sexual abuse, trafficking, physical violence, sextortion and more,” activities that Fitch noted are not protected by the First Amendment.
Communications director MaryAsa Lee said the state is grateful for the decision, and expects the case to proceed “in a way that permits thoughtful consideration of these important issues.”
NetChoice represents some of the country’s most high-profile technology companies, including Google, which owns YouTube; Snap Inc., the parent company of Snapchat; and Meta, the parent company of Facebook and Instagram. NetChoice has filed similar lawsuits in Arkansas, Florida, Georgia, Ohio and Utah.
Paul Taske, co-director of the NetChoice Litigation Center, called the decision “an unfortunate procedural delay.”
“Although we’re disappointed with the Court’s decision, Justice Kavanaugh’s concurrence makes clear that NetChoice will ultimately succeed in defending the First Amendment — not just in this case but across all NetChoice’s ID-for-Speech lawsuits,” he said.
Florida
Execution date set for man who killed estranged wife’s sister and parents, then set fire to their house
TALLAHASSEE, Fla. (AP) — A Florida man who fatally stabbed his estranged wife’s sister and parents and then set fire to their house is scheduled for execution in Florida under a death warrant signed by Republican Gov. Ron DeSantis.
David Pittman, 63, is set to die Sept. 17 in the record-extending 12th execution scheduled for this year. DeSantis signed the warrant Friday, as two other men, Kayle Bates and Curtis Windom, await execution later this month.
The highest previous annual total of recent Florida executions is eight in 2014, since the death penalty was restored in 1976 by the U.S. Supreme Court. Florida has already executed nine people this year, more than any other state, while Texas and South Carolina are tied for second place with four each.
A total of 28 people have been executed so far this year in the U.S., exceeding the 25 executions carried out last year. It ties 2015, when 28 people were also put to death.
Pittman was convicted and sentenced to death in 1991 on three counts of first-degree murder, according to court records. Jurors also found him guilty of arson and grand theft.
Pittman and his wife, Marie, were going through a divorce in May 1990, when Pittman went to the Polk County home of her parents, Clarence and Barbara Knowles, officials said. Pittman fatally stabbed the couple, as well as their younger daughter, Bonnie. He then set fire to the house and stole Bonnie Knowles’ car, which he also set on fire, investigators said.
A witnessed identified Pittman as the person running away from the burning car. A jailhouse informant also testified that Pittman had admitted to the killings.
The Florida Supreme Court is already scheduled to hear an appeal. An appeal will also likely be filed with the U.S. Supreme Court.
Wisconsin
Ex-Badgers say former basketball coach psychologically abused them
MADISON, Wis. (AP) — Five former Wisconsin women’s basketball players have filed a lawsuit saying they received psychological abuse from ex-Badgers coach Marisa Moseley and that the university responded with “a policy of laissez-faire inaction.”
The lawsuit filed Friday in federal court lists the Wisconsin Board of Regents, Moseley and former Wisconsin associate athletic director for external communications Justin Doherty as defendants. The plaintiffs are Lexi Duckett, Krystyna Ellew, Mary Ferrito, Tara Stauffacher and Tessa Towers.
The lawsuit was first reported by the Wisconsin State Journal.
Moseley announced in March that she was resigning for personal reasons. She went 47-75 in four seasons.
In their complaint, the plaintiffs say Moseley “unconstitutionally toyed with the mental health of her players, including Plaintiffs, as a means of exerting control over every facet of their lives, including retaliating against them based on their protected speech and expressive acts and discriminating against them based on their disabilities or perceived disabilities.”
They say Moseley intruded on players’ privacy in one-on-one meetings by “pressuring them to divulge everything from issues with their parents or romantic partners to their confidential mental health symptoms and treatment choices.”
“Moseley accomplished all of this by abusing her position of power by making threats about scholarships and playing time, and manipulating her players, claiming that she was simply ‘building trust’ with them on and off the court,” the complaint states.
For example, the complaint says Ellew was experiencing a mental health event when Moseley kept her alone in the back of a locker room and threatened to notify police unless she agreed to check into a mental health facility.
According to the complaint, several players and their parents reported abuse allegations to Doherty, who retired earlier this year.
The complaint says Wisconsin adopted “a policy of laissez-faire inaction” rather than intervening to protect the players.
Wisconsin spokesman John Lucas said school officials hadn’t yet seen the suit and couldn’t comment on it at this time.
In January, Wisconsin officials said they were looking into allegations Towers had posted on social media saying that she was mistreated by Moseley and her staff.
The lawsuit filed Friday alleges that Towers was placed on 11 new medications in less than a year after she disclosed her ADHD diagnosis. The complaint says Towers’ mental health deteriorated as Moseley singled her out.
“Tessa’s teammates found Moseley’s behavior towards their friend and teammate disturbing,” the complaint says. “Her teammates knew about Tessa’s ADHD, and they watched their coach bully her because of it. Then, as they witnessed Tessa’s mental health problems escalating in multiple crises, they observed their coach’s behavior grow even worse. They could do nothing about it since Moseley threatened to reduce their playing time if they visited Tessa in the mental health facility or continued their friendships with her.”
Moseley stepped down following a 13-16 season that ended with a first-round loss in the Big Ten Tournament. Wisconsin has since hired former Missouri coach Robin Pingeton to take over the program.
U.S. judge denies request to halt Oak Flat land transfer to copper mining company
A U.S. district judge on Friday denied the latest request by a Native American tribe, environmentalists and other plaintiffs to stop the federal government from transferring land in Arizona for a massive copper mining project.
The ruling by Judge Dominic Lanza triggered an immediate appeal to the 9th U.S. Circuit Court of Appeals as a deadline fast approaches for the federal government to move ahead with the transfer next week.
Lanza outlined the “stark trade-offs” at the heart of the fight over Oak Flat, an area considered sacred. He pointed to the economic and national security benefits that would come from the land transfer and the indescribable hardships that would result from the permanent destruction of the Apaches’ historical place of worship.
Lanza wrote that the nation’s political branches are responsible for weighing competing objectives and determining how to balance them.
“Here, Congress chose to pursue the land exchange despite the existence of many significant trade-offs and the president chose to ratify Congress’s choice by signing the law into effect,” he wrote. “As a result, the Court must accept that this choice advances the public interest and operate from that premise.”
Conservation groups that are appealing the decision acknowledged that the clock was ticking but said they were not giving up.
The San Carlos Apache Tribe, the group Apache Stronghold and other plaintiffs having been fighting in court for years to save what tribal members call Chi’chil Bildagoteel, which is dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion.
The plaintiffs have taken aim at a required environmental review that was released by the U.S. Forest Service earlier this summer. They contend the federal government did not consider the potential for a dam breach, pipeline failure or if there was an emergency plan for a tailings storage area.
Before the land exchange can happen, they argued that the federal government must prepare a comprehensive review that considers “every aspect of the planned mine and all related infrastructure.”
The plaintiffs also raised concerns that an appraisal failed to account for the value of the copper deposits underlying one of the federal parcels to be exchanged
The fight over Oak Flat dates back about 20 years, when legislation proposing the land exchange was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014.
The project has support in nearby Superior and other mining towns in the area. Resolution Copper — a subsidiary of international mining giants Rio Tinto and BHP — estimates the mine will generate $1 billion a year for Arizona’s economy and create thousands of jobs.
The tribe and the advocacy group Apache Stronghold sued the U.S. government in 2021 to protect Oak Flat. The U.S. Supreme Court in May rejected an appeal by the Apache group, letting lower court rulings stand.
Washington
Supreme Court allows Mississippi to require age verification on social media like Facebook and X
WASHINGTON (AP) — The Supreme Court on Thursday refused for now to block enforcement of a Mississippi law aimed at regulating the use of social media by children, an issue of growing national concern.
The justices rejected an emergency appeal from a tech industry group representing major platforms like Facebook, X and YouTube.
NetChoice is challenging laws passed in Mississippi and other states that require social media users to verify their ages, and asked the court to keep the measure on hold while a lawsuit plays out.
There were no noted dissents from the brief, unsigned order. Justice Brett Kavanaugh wrote that there’s a good chance NetChoice will eventually succeed in showing that the law is unconstitutional, but hadn’t shown it must be blocked while the lawsuit unfolds.
NetChoice argues that the Mississippi law threatens privacy rights and unconstitutionally restricts the free expression of users of all ages.
A federal judge agreed and prevented the 2024 law from taking effect. But a three-judge panel of the 5th Circuit U.S. Court of Appeals ruled in July that the law could be enforced while the lawsuit proceeds.
It’s the latest legal development as court challenges play out against similar laws in states across the country.
Parents and even some teenagers are growing increasingly concerned about the effects of social media use on young people. Supporters of the new laws have said they are needed to help curb the explosive use of social media among young people, and what researchers say is an associated increase in depression and anxiety.
Mississippi Attorney General Lynn Fitch told the justices that age verification could help protect young people from “sexual abuse, trafficking, physical violence, sextortion and more,” activities that Fitch noted are not protected by the First Amendment.
Communications director MaryAsa Lee said the state is grateful for the decision, and expects the case to proceed “in a way that permits thoughtful consideration of these important issues.”
NetChoice represents some of the country’s most high-profile technology companies, including Google, which owns YouTube; Snap Inc., the parent company of Snapchat; and Meta, the parent company of Facebook and Instagram. NetChoice has filed similar lawsuits in Arkansas, Florida, Georgia, Ohio and Utah.
Paul Taske, co-director of the NetChoice Litigation Center, called the decision “an unfortunate procedural delay.”
“Although we’re disappointed with the Court’s decision, Justice Kavanaugh’s concurrence makes clear that NetChoice will ultimately succeed in defending the First Amendment — not just in this case but across all NetChoice’s ID-for-Speech lawsuits,” he said.
Florida
Execution date set for man who killed estranged wife’s sister and parents, then set fire to their house
TALLAHASSEE, Fla. (AP) — A Florida man who fatally stabbed his estranged wife’s sister and parents and then set fire to their house is scheduled for execution in Florida under a death warrant signed by Republican Gov. Ron DeSantis.
David Pittman, 63, is set to die Sept. 17 in the record-extending 12th execution scheduled for this year. DeSantis signed the warrant Friday, as two other men, Kayle Bates and Curtis Windom, await execution later this month.
The highest previous annual total of recent Florida executions is eight in 2014, since the death penalty was restored in 1976 by the U.S. Supreme Court. Florida has already executed nine people this year, more than any other state, while Texas and South Carolina are tied for second place with four each.
A total of 28 people have been executed so far this year in the U.S., exceeding the 25 executions carried out last year. It ties 2015, when 28 people were also put to death.
Pittman was convicted and sentenced to death in 1991 on three counts of first-degree murder, according to court records. Jurors also found him guilty of arson and grand theft.
Pittman and his wife, Marie, were going through a divorce in May 1990, when Pittman went to the Polk County home of her parents, Clarence and Barbara Knowles, officials said. Pittman fatally stabbed the couple, as well as their younger daughter, Bonnie. He then set fire to the house and stole Bonnie Knowles’ car, which he also set on fire, investigators said.
A witnessed identified Pittman as the person running away from the burning car. A jailhouse informant also testified that Pittman had admitted to the killings.
The Florida Supreme Court is already scheduled to hear an appeal. An appeal will also likely be filed with the U.S. Supreme Court.
Wisconsin
Ex-Badgers say former basketball coach psychologically abused them
MADISON, Wis. (AP) — Five former Wisconsin women’s basketball players have filed a lawsuit saying they received psychological abuse from ex-Badgers coach Marisa Moseley and that the university responded with “a policy of laissez-faire inaction.”
The lawsuit filed Friday in federal court lists the Wisconsin Board of Regents, Moseley and former Wisconsin associate athletic director for external communications Justin Doherty as defendants. The plaintiffs are Lexi Duckett, Krystyna Ellew, Mary Ferrito, Tara Stauffacher and Tessa Towers.
The lawsuit was first reported by the Wisconsin State Journal.
Moseley announced in March that she was resigning for personal reasons. She went 47-75 in four seasons.
In their complaint, the plaintiffs say Moseley “unconstitutionally toyed with the mental health of her players, including Plaintiffs, as a means of exerting control over every facet of their lives, including retaliating against them based on their protected speech and expressive acts and discriminating against them based on their disabilities or perceived disabilities.”
They say Moseley intruded on players’ privacy in one-on-one meetings by “pressuring them to divulge everything from issues with their parents or romantic partners to their confidential mental health symptoms and treatment choices.”
“Moseley accomplished all of this by abusing her position of power by making threats about scholarships and playing time, and manipulating her players, claiming that she was simply ‘building trust’ with them on and off the court,” the complaint states.
For example, the complaint says Ellew was experiencing a mental health event when Moseley kept her alone in the back of a locker room and threatened to notify police unless she agreed to check into a mental health facility.
According to the complaint, several players and their parents reported abuse allegations to Doherty, who retired earlier this year.
The complaint says Wisconsin adopted “a policy of laissez-faire inaction” rather than intervening to protect the players.
Wisconsin spokesman John Lucas said school officials hadn’t yet seen the suit and couldn’t comment on it at this time.
In January, Wisconsin officials said they were looking into allegations Towers had posted on social media saying that she was mistreated by Moseley and her staff.
The lawsuit filed Friday alleges that Towers was placed on 11 new medications in less than a year after she disclosed her ADHD diagnosis. The complaint says Towers’ mental health deteriorated as Moseley singled her out.
“Tessa’s teammates found Moseley’s behavior towards their friend and teammate disturbing,” the complaint says. “Her teammates knew about Tessa’s ADHD, and they watched their coach bully her because of it. Then, as they witnessed Tessa’s mental health problems escalating in multiple crises, they observed their coach’s behavior grow even worse. They could do nothing about it since Moseley threatened to reduce their playing time if they visited Tessa in the mental health facility or continued their friendships with her.”
Moseley stepped down following a 13-16 season that ended with a first-round loss in the Big Ten Tournament. Wisconsin has since hired former Missouri coach Robin Pingeton to take over the program.
