JONATHAN TURLEY

U.S. District Judge Donald Molloy has stopped the controversial hunt for gray wolves in Montana, granting a preliminary injunction restoring the wolves to the endangered list. Given the need to show a likelihood to prevail on the merits, it is an important ruling for environmentalists. The planned hunt was endorsed by the ironically named Ed Bangs, a federal biologist who declared the decision to delist wolves as “a very biologically sound package.” Obviously, a neutral federal judge disagreed with Bangs’ view.

Continue reading ‘Less Bangs for Your Buck: Bush Administration Loses Effort to De-List and Allow Hunting of Gray Wolves’

Kentucky pastor, Gregory James Coots, 36, is in jail this week after wildlife officers found dozens of snakes in his possession. He was one of 10 people arrested in the sweep. Coots is the head of Full Gospel Tabernacle in Jesus Name in Middlesboro — a snake handling sect that recently came under investigation with the death of a woman bitten by one of the venomous snakes.
Continue reading ‘Laying Hands On Religious Snake Handlers: Police Arrest Pastor of Fundamentalist Church’

It appears that after destroying their own environment and poisoning their own food system, the Chinese government has been reduced to luring tourists with actual paper tigers. Chinese “netizens” on the Internet showed that a recent picture of a South China Tiger was actually a poster propped up in the forest. A farmer, Zhou Zhenglong, has now been charged criminally and some officials fired. Yet, it is not the first faked nature scene to come out of the Chinese government.

Continue reading ‘Paper Tiger: Chinese Officials Admit that Photo of Rare South China Tiger Was a Fake’

New York may be looking at another tort case that explores the inherent value of a pet versus the value of the pain of its loss. Robert Machin was walking his Boston terrier Ginger in the Bronx when a street sweeper swerved to avoid a speed bump and sucked in the small dog.
Continue reading ‘New York Street Street Sweeper Kills Boston Terrier’

Before 9-11, the rationale for expanded oil drilling was sustainable energy for an expanding economy. Then, after 9-11, it became an anti-terrorism measure. Most recently, Cheney rose the alarm that we had to start drilling because the Chinese are coming. He insisted that Chinese were drilling under contracts with Cuba 60 miles of the Florida coast. He has now admitted that that is false and his office explained that his source was George Will. I thought that was the Vice President and the President’s reigning energy expert. Yet, he gets his industry intelligence from columnists?

Continue reading ‘Cheney Admits that His Warning of Chinese Oil Drilling Was Wrong’

The Marine Corps has announced that David Motari — the Marine Lance Corporal made infamous by his video tossing a puppy off a cliff in Iraq — will be expelled from the Corps. Another Marine involved in the incident — Marine, Sgt. Crismarvin Banez Encarnacion — will receive nonjudicial punishment.

Continue reading ‘Semper Fido: David Motari Expelled From Marine Corps Over Puppy Tossing Video’

A Texas couple is suing the city of Denton, Texas for $206,000 for negligently euthanizing their dog. Shawn Snider and Beth Bayless-Snider are seeking recovery for loss of future breeding opportunities and emotional pain and suffering for the loss of their 3-year-old black Labrador, Amicus.

Continue reading ‘Family Seeks $206,000 Against Shelter for Mistakingly Euthanizing Dog’

Alaskans are going to court to challenge the listing of polar bears — unwilling to allow actions to protect endangered polar bears if it would threaten oil and gas revenues. The Alaskan politicians have a long and uninterrupted record of being the most hostile anti-environmentalists in government. Gov. Sarah Palin has joined this infamous line — once again making her government as mere extension of the oil industry. Given the recent corruption tapes showing Alaskan legislators promising to “sell [their] souls to the devil”, it appears that the fireside sale continues. Continue reading ‘Alaska to Challenge Listing of Polar Bear as Endangered Species’

The EPA has spent roughly $15 million to measure the pollution caused largely by cow farts and burps. I truly want to meet the researchers who got this assignment. Nevertheless, it turns out that California and Wisconsin are massive contributors to cow-based emissions. While Ronald Reagan may have identified trees as a major source of pollution, the report below reveals the dark untold story of those cute dairy cows that you see on the cartons of Ben and Jerry Ice Cream. Continue reading ‘EPA Issues “Fart Chart”: Bovine Flatulence Measured State-by-State’

Former judge Richard McLean and attorney Edith Stevens appear to have had an eye on some land of neighbors Don and Susie Kirlin for some time. They got their wish when another judge, District Judge James C. Klein ruled that a mysterious path that appeared on the property gave them possession of 34 percent of the Kirlins’ lot on Hardscrabble Drive. Continue reading ‘A Judge Runs Through It: Family Loses Land by Adverse Possession to Colorado Judge’

Nico Marquardt is 13 years old but he was still apparently smarter than NASA in calculating the chances of a killer asteroid colliding with Earth. Germany’s own Jimmy Neutron not only corrected NASA’s math on the collision of the Apophis asteroid, but it turns out a lot more likely than we thought. Continue reading ‘Jaime Neutron: 13-Year-Old Kid Corrects NASA’s Calculation on Earth Destroying Asteroid Hit’

Given our collection of Lions and Tigers, it was inevitable that we would add a bear “oh no,” as the song goes. This video of a bear using a tree to scratch in the woods is priceless.
Continue reading ‘Bear Necessities’

As part of our expanding library of big cats at play and prowl, consider this new water danger. These pictures of a white tiger under water challenges your usual list of “things to fear in the water.”

Continue reading ‘Aqua Tiger: Just When You Thought It Was Safe to Go Back Into The Water . . .’

A North Dakota town is facing a health crisis over its playground and other states are concerned over their roads. The city elders used a common gravel in the area for base material, only to learn that it is composed of erionite that can cause lung cancer. Continue reading ‘Toxic Roads and Turkish Cancer’

The Italian mob appears to be getting into the burgeoning wine market with its own off-label vino. The problem is they mafia vintners is that they not only rejected oak-aging, but apparently wine itself. The Italian government has seized over 70 million litres of cheap wine containing acid, manure and fertilizer. It appears that the wine could kill you. This brings a new meaning to the traditional toast to live “one hundred years” or “Per cent’anni.” Continue reading ‘Good Body But Over Manured: Italian Wine Found to Be Heavily Laden with Many Things But Little Actual Wine’

Walter L. Wagner and Luis Sancho have literally filed to save the world in a federal court in Hawaii. The men claim that a giant particle accelerator called the Large Hadron Collider (located outside of Geneva) will produce a little black hole or even a “stranglet” that will destroy not just the Earth but possibly the universe. While some details have to be worked out, the benefit of such a claim is that it guarantees standing and offers a pretty wide jurisdictional footprint. There is still some question of what the contingency fee would be in such a case. Continue reading ‘Doomsday Lawsuit: Dr. Stranglet Files for Injunction to Save World’

The litigation against the city of San Francisco began this week over the Christmas Day Tiger attack with papers filed by brothers, Kulbir and Paul Dhaliwal. As the claim below indicates, they are contesting claims of contributory negligence ad assumption based on their own conduct, contending that the 243-pound Siberian tiger named Tatiana was held improperly. Continue reading ‘Brothers File Against City in San Francisco Zoo Attack’

“Real Time With Bill Maher” is not usually the forum for legislative proposals, but Rep. Barney Frank (D-MA) used it to announce legislation in Congress that would strip the federal government of its authority to arrest for some cannabis violations. Continue reading ‘Rep. Frank to Introduce Legislation to Decriminalize Some Pot Violations’

In Omaha, Nebraska, federal wildlife officials secured a rare conviction against Jack McClanahan, 66, was convicted for butchering illegal shot game in his garage. Continue reading ‘Rare Butcher Conviction Secured in Nebraska Over Wildlife Violations’

India has come up with a novel idea to lure men into free vasectomies: give them guns. Continue reading ‘Lock and Unloaded: India Offers Gun Permits in Exchange for Vasectomies’

It is hard to express the anger that comes with the following story. It appears that after refusing to cut billions in pork and wasteful earmarks, Congress and President Bush have cut the NASA’s budget and forced scientists to curtail their research on Mars. Scientists planned to put one of the twin Mars rovers to sleep and to try to meet the shortfall. Now, after a public outcry, NASA has rescinded the order. Continue reading ‘Congress and the President Force Mars Rovers to Be Shutdown Temporarily Due to Budget Cuts’

               In our expanding video library of large cats in action, this video is simply astonishing. It shows an attack by a tiger of a man on elephant in India. What is clear is that nature tourism in India is not subject to the same tort liability rules as in the United States. Continue reading ‘Tourist Trap: Tiger vs. Man and Elephant’

This week saw another fatality among hunters after Michael Shane Hasting shot and killed Randall Williamson. Williamson was sitting in a tree when he was felled by Hasting. Continue reading ‘Hunter Shoots Another Hunter Out of Tree’

There are some things that you don’t see on those majestic nature films. This video of a tiger’s response to a tourist is a classic and stands in sharp contrast to the cute Lion bounding videos posted earlier. Continue reading ‘Video: Tiger Shows True Feelings to Video-Taking Visitors’

D.C. inspectors have been conducting surprise searches on offices, rifling through waste cans and garbage looking for violations of recycling laws. In the process, they are looking through papers with may have protected or privileged information, including material from legal and medical offices. Continue reading ‘Paper Chase: D.C. Recyling Police Trigger Privacy and Constitutional Concerns’

PGA Tour golfer Tripp Isenhour has been charged with intentionally killing a red-shouldered hawk (pictured below) after it forced him to do a re-take while filming his series “Shoot Like A Pro.” John Henry Isenhour III, his real name when he is not depopulating nature, now faces 14 months in jail if convicted.

Continue reading ‘Shoot Like a Con: Golf Pro Tripp Isenhour Criminally Charged with Killing Migratory Bird’

Here is one for the category of strict liability for wild animals and the assumption of risk defense. This video shows what happens when you use animals are props for ratings. Continue reading ‘Small Creature Attacks Large Newscaster’

Animal rights advocates (and virtually every other human being) are in shock over this video showing U.S. soldiers showing a puppy off a cliff for fun. Bloggers have allegedly identified the culprit as a David Motari, but this has not been confirmed by the military and there remains the identity of the other soldiers. It is also not the first such video of animal cruelty by our troops in Iraq and Afghanistan.
. Continue reading ‘Shocking Video Shows U.S. Soldier Throwing Puppy Off Cliff’

Those brilliant environmentalists in the Chinese regime that brought us the Three Gorges Dam and cancer villages have come up with another breakthrough idea. Faced with soaring pollution in lakes like Chau Hu (Lake Chao), the Chinese government is introducing silver carp to eat the toxic algae chocking the lake. It will then feed the toxic-algae fed fish to Chinese citizens as food. Continue reading ‘China Solves Lake Pollution: Feed Pollution to Fish Then Eat the Fish’

The Chinese government has been heralding its “train to the roof of the world,” the $4 billion Qinghai-Xizang railway to the Tibetan plains that is the latest flash point with environmentalists. Environmentalists objected on various grounds to the project, including its destruction of pristine areas and specific threat to the struggling Chinese antelope. The concerns for both were quickly extinguished with a remarkable picture of antelope gingerly running under the elevated tracks of the train in an otherwise perfect nature scene. The only problem is that Liu Weiqing’s photograph (which won various awards) is a fake. Continue reading ‘Where the Antelope and Super Trains Do Not Play: Chinese Admit to Doctoring Award-Winning Photograph’

An Austrian lawyer, Markus Groh, 49, was killed near the Bahamas after being attacked by a shark. The tourist boat, Shear Water, of Riviera Beach-based Scuba Adventures, routinely chums the water with fish blood and parts to attract sharks — then invites tourists to dive among them. It raises some interesting torts questions. Continue reading ‘Chumming for Torts: Tourist Killed by Sharks After Company Chums Water with Fish Parts’

An environmental group called OneVoice has started an international campaign to highlight the horrible treatment of animals in Chinese zoos that range from using tortoises for target practice with coins to forcing bears to don boxing gloves and to punch each other. Continue reading ‘Environmental Group Films Outrages in Chinese Zoos’

I know that I am a sucker for this stuff, but this video rivals the early bonding scene in Columbia. This could well become an alternative to When Animals Attack. I am not sure if When Lions Hug will hold as much of an audience, but I am sure there is some television producers working on that question at this very moment. Continue reading ‘Lions Gone Wild: Another Video of Big Cat Bonding with Humans’

Arkansas Lt. David Mitchell is accused of filmed himself using a stun gun on a cow as his colleague laugh at the abuse of the animal. He will not be criminally charged. Continue reading ‘Arkansas Police Officer Allegedly Films His Use of a Stun Gun on Cow’

While you may not be tall enough to ride all of the roller coasters at Disneyland, you may soon be able to take a high-powered rifle into the forest and bang away at animals in South Dakota. The legislature is concerned about a drop in hunting, so it is considering dropping the age for hunters to 10. If this trend continues, South Dakota toddlers may soon be able to lock-and-load with specialized Tickle-Me-Elmo-22 rifles. Continue reading ‘South Dakota Legislators Propose Lowering the Age of Hunters to 10′

A federal appellate panel found last week that the Bush Administration’s policy on relaxing controls on power companies would cause neurological injuries in 60,000 newborns a year. The unanimous panel (including Republican appointees) took the relatively rare step to strke down the EPA plan on mercury pollution as inimical to public health. The ruling also shows the real consequences to citizens in the Bush policies that consistently favor industry interests over public health interests. Continue reading ‘Court Blocks Bush Policy that Could Cause Neurological Injuries in 60,000 Newborns Each Year’

The Second Circuit has rejected the appeal of homeowners contesting the right of New York to taken their homes under eminent domain authority to give to private developers. It is a repeat of the controversial use of eminent domain in Connecticut in the Kelo case — where the Supreme Court narrowly uphold the use of the power and rejected constitutional challenges. For those of us who believe that Kelo was wrongly decided, this case could test the matter before a newly reconstituted court. Continue reading ‘Kelo Redux: Second Circuit Upholds Use of Eminent Domain to Seize New York Homes for Private Development’

Where is the NGA — National Geiger Association — when you need them?

Facing an apparent shortfall of new permits to impose on citizens, the New York city council (with Mayor Bloomberg’s reported support) is moving to require that any citizens who want to own devices that detect biological, chemical, and radiological dangers must first register and secure a permit from the city. If Bloomberg wants to run for President, this would not be the way to do it. There is a strong suspicion that the problem with these devices is that they will reveal a much greater level of such dangers and require officials to address countless false — and true — readings. Continue reading ‘You Will Have to Peel My Cold Dead Fingers From My Geiger Counter: New York Moves to Require a Permit to Own Detectors of Radioactive, Biological, or Chemical Threats’

It appears that the tiger attack in the San Francisco Zoo may boil down to a case over plaintiffs’ conduct. New reports indicate that the two brothers mauled in the attack may have taunted the tiger, stood on the railings, and at least one may have been drunk at the time of the attack. Continue reading ‘San Francisco Zoo Tiger Attack Case May Come Down to Plaintiffs’ Conduct Questions’

While politicians have been unable to reach consensus on the war, civil liberties, and the environment, members were eager to act on a national crisis a few years ago: French people eating American horses. Members passed legislation to ban the slaughter of American horses destined for French tables. However, it now appears that the legislation has merely led to horses being forced into a grueling transports to the Canadian and Mexican borders for slaughter. Continue reading ‘Prohibitions on Horse Meat Industry Lead to Cruel Unintended Consequence’

Given the recent controversy over horse slaughter houses in Mexico, this prior column on the intervention of Congress into the world of horse meat may be of interest. Continue reading ‘Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption’

The Chinese government has been accused to rigging pollution figures to secure the upcoming Olympics, but pollution in the city reached the maximum stage five level this week — forcing the city to encourage people to stay indoors. This is likely to increase the unease of various countries to have their top athletics compete in the unhealthy environment. Continue reading ‘Chinese Air Pollution Reaches Maximum Load in Beijing’

It may have been the booze, the Christmas blues, or cabin fever, but two men manning the U.S. Amundsen-Scott Pole station in Antartica were airlifted out of the remote location after a brawl that left one with a broken jaw. Continue reading ‘Remote U.S. Antarctic Base Evacuated After “Drunken Christmas Punch-Up”’

The legal status of the San Francisco Zoo appears to be worsening. The zoo’s director admitted on Thursday that a wall that separated the public from the zoo’s tigers is nearly 6 feet lower than initially reported — and nearly 4 feet lower than industry standards. In the meantime, the father of the teen killed by the tiger has accused of the zoo of negligence. Continue reading ‘San Francisco Zoo Facing Growing Allegations of Negligence in Tiger Killing and Maulings’

The deadly tiger attack in San Francisco has become more sinister as experts reject a claim by a Zoo officials that the Siberian Tiger leap out of his enclosure.  Human involvement would complicate the case against the Zoo, though a human release could cut both for and against greater liability for the Zoo.  Continue reading ‘Deadly Tiger Attack Now Crime Case as Police Investigate Possible Human Involvement in Release’

A Siberian Tiger escapes from its cage in the San Francisco zoo and killed one zoo visiter and mauled two others. It is a case that will likely lead to litigation, but the plaintiffs could face some special rules for zoo liability.  However, this is not the first time for either the zoo or this particular tiger, which attacked someone in 2006. Continue reading ‘Zoo Tiger Escapes Kill One and Mauls Two in San Francisco — Roughly One Year After Prior Attack’

The Royal National Institute for Deaf and Hard of Hearing People has weighed in on the controversy over the selection of deaf children for adopting deaf couples. The Institute supports the practice. However, there remains a greater debate over the decision of American parents to engineer a deaf child through artificial selection. Continue reading ‘Engineering Deaf Babies for Deaf Couples: U.S. and Britain Debate the Selection of Deaf Embryos and Adopted Children’

In the last two decades, many cities have passed breed specific bans or limitations on dog owners. Pit bulls are the most common cited breed and one owner is now taking his dogs and his case to the Supreme Court. Paul Tellings likes his pit bulls and has challenged a Toledo law as baseless and biased. While the odds are against a grant of cert in the case, it would allow review of a highly controversial trend across the country. Continue reading ‘Pit Bulls Go to Supreme Court: Are Breed-Specific Laws Unconstitutional?’

In a ruling that will surprise many public health officials, the Ninth Circuit has upheld an arbitration decision that found that nurses at Virginia Mason hospital in Washington could not require that nurses receive flu shots as a condition for employment — a victory for the Washington State Nurses Association. It will likely be a concern for public health officials planning for pandemic and other risks, particularly given the court’s recognition of the strong public health reasons for the rule. Continue reading ‘Federal Court Rules that Nurses Cannot be Required to Have Flu Shots’

The Bush Administration has blocked an effort by California and other states to require higher emissions limits for cars and trucks to improve the air for their citizens. After waiting and hoping that federal courts would side with industry in litigation over the question, the Administration was forced to come up and oppose the environmental effort when the industry lost in court. Continue reading ‘Bush Administration Blocks Efforts of the States to Improve Clean Quality’

Fort Thomas, Ky. has a deer problem that may soon be a human problem.  The city council is allowing hunting (with bow and arrow) within city limits. Given the number of hunting accidents each year, it seems an invitation for accidents. Continue reading ‘Kentucky City Allows Deer Hunting Within City Limits’

The Republicans were successful in filibustering the energy bill (including needed increases in fuel efficiency standards for cars) over their opposition to increased taxes for oil companies.  Continue reading ‘GOP Filibusters Energy Bill Over Increased Taxes for Oil Companies — Why Can’t Democrats Be More Like Republicans?’

A federal district court has ruled against the auto industry’s attempt to stop California from requiring cleaner cars. The ruling of U.S. District Court Judge Anthony Ishii now puts pressure on the Bush Administration to either allow the important environmental measure to take effect or, once again, block an effort to combat greenhouse gases. Continue reading ‘Federal Court Rules Against Car Manufacturers; Pressure Now on Bush Administration’

In different studies, scientists have recently identified two major sources of global warming: Kudzo and Canadian beer drinkers.   Continue reading ‘Scientists Identify Two Emerging Threats to the Planet: Kudzo and Canadian Beer Drinkers’