Home Blog Page 5726

7th Circuit Rejects Group’s I-69 Challenges

0
7th Circuit Rejects Group’s I-69 Challenges

Scott Olsen for www.theindianalawyer.com

The 7th Circuit Court of Appeals affirmed a federal judge’s ruling granting a motion to dismiss some charges and grant summary judgment on others to the United States Department of Transportation after a group opposing I-69 construction in southern Indiana, Citizens for Appropriate Rural Roads, filed a lawsuit.

CARR challenged several environmental aspects to the construction, alleging 18 counts of wrongdoing. The trial court found counts 9, and 13 through 18 were unripe, and that summary judgment on count 7 was appropriate. CARR appealed judgment on those counts.

In count 7, CARR said defendants violated the National Environmental Policy Act by not filing a Supplemental Environmental Impact Statement. They argued one was needed to address 2009 fleet vehicle data, the impact of the project on the endangered Indiana bat, and the impact of the project on certain historic sites. They argued the defendants arbitrarily used 2004 data instead of available 2009 data but Colin Bruce, District judge in the Central District of Illinois sitting by designation and writing the decision, said the defendants used 2004 data because 2009 data was not quality verified. Also, the plaintiffs did not show that using the 2009 data would have resulted in noncompliance.

Bruce found there was no basis that the plight of the endangered Indiana bat required an SEIS, and the plaintiffs did not include enough evidence to justify the use of an SEIS to gauge the impact of certain historic sites.

In count 13, plaintiffs alleged defendants violated the Clean Air Act and Administrative Procedure Act by not using the 2009 data, but Bruce said the law did not require defendants to use the 2009 data because it was not finalized until 2011. Also, the defendants knew about the 2009 data and chose not to use it.

In counts 17 and 18, the plaintiffs said the defendants concealed certain information in violation of the NEPA, but did not provide sufficient evidence to back up their claims. Bruce said the defendants proved they considered all relevant factors when they decided on a route, and that’s all that was required.

In counts 9, 14, 15 and 16, the plaintiffs did not respond to defendants’ request for summary judgment. They did not include any statement of material facts, and by failing to respond, the defendants’ facts were taken as represented in their motions, meaning they were granted summary judgment.

Bruce said the trial court made an error in its dismissal of all of count 8, but that error was harmless. All of count 8 would have been judged in the defendants’ favor through summary judgment at trial anyway.

The plaintiffs also claimed fraud on the court, but the only evidence of the fraud was “hearsay upon hearsay,” Bruce wrote, so that charge was not granted.

The plaintiffs argued the District Court erred on a number of evidentiary issues, but the 7th Circuit thought otherwise there as well. The plaintiffs’ affidavit was hearsay, the subpoenas were quashed with reason and they were not entitled to an evidentiary hearing.

Finally, the plaintiffs claimed there should have been additional discovery in the case, but again Bruce said the plaintiffs failed to show a need for it.

The case is Citizens for Appropriate Rural Roads, et al. v Anthony Foxx, in his official capacity as Secretary of the United States of Transportation, et al., No. 15-1554.

FOOTNOTES: Our next “IS IT TRUE” will be posted on this coming Monday?

Please take time and read our newest feature article entitled “HOT JOBS”. Jobs posted in this section are from Evansville proper.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

Todays “Readers Poll” question is: Do you feel that Evansville Brownfields Corp should be considered a public or private entity?

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

TORNADO RESEARCH ISN’T JUST WHISTLING DIXIE

0

Tyrades! By Danny Tyree

You can double-check me on this — but when Phil Harris recorded “That’s What I Like About The South,” he never once made mention of tornadoes.

That’s my way of introducing the fact that the tornado-chasing operation that inspired the 1996 movie “Twister” is getting a reboot. According to USA Today, 40 scientists from up to 20 organizations will fan out across the Southeast, for the first time focusing on the so-called Dixie Alley (a region with four times more annual tornado fatalities than the famed Texas/Oklahoma/Kansas “Tornado Alley”).

We in the South have gotten quite used to stockpiling batteries and water, enduring radio announcer lectures on the distinction between a “tornado watch” and a “tornado warning”, listening for a sound like a freight train and seeking appropriate shelter. Unfortunately, the move toward “the internet of things” and “smart houses” will make for confusing times in the future. (“You think THIS is the sturdiest part of the house? Ha! You should’ve seen the joint the carpenter was smoking the day he installed these joists of mine!”)

We’ve already gotten away from our roots enough as it is. I remember Grandpa Tyree had a storm cellar that could be used for storing preserved foods or for keeping family members safe. Now homes are more likely to have a “man cave” — where NOTHING is safe. (“Cheetos in the game console? A little Bud should wash that out. Hey, you still haven’t pulled my finger…”)

I’ve had all the close shaves with twisters that I care to think about. During the “super outbreak” of April 3, 1974, a tornado ripped through my family’s front yard, throwing my mother’s rail fence into the street and twisting the tin roofs of outbuildings around utility poles. Yes, twisters could toss around garbage cans, cars — anything lighter than those &^%$# clunky platform shoes we thought we had to wear in ’74.

To be fair, tornadoes have served as a sort of rudimentary GPS in small southern towns. (“You’ll want to take a left where the tornado tore up the Piggly Wiggly in ’02, then a right where Mrs. Luna’s house burned down in ’64 and a left where Stovalls’ Garage used to be and…”)

Of course any discussion of tornadoes will elicit comments about mobile homes and their propensity for being demolished. There’s probably a reason that trailer parks were not the main meeting place for the grassroots movement that resulted in major gains for the gay rights movement. (“We’re queer, we’re here and we’re not going awaaaaaaaaaaayyyyyy…”)

Congress has allocated $5 million for the project. It seems to be money well spent, if you compare it to the $5 million report “The Effect Of The War of 1813 On The Musical Tastes of Transylvanian Dung Beetles — Oh, Wait — There Wasn’t A War of 1813, So I Guess We’d Better Settle For $4 Million.”

We are bravely trying to outwit a Force of Nature. I know of another couple of guys trying that. (“Marco and I challenge you to release your tax returns. Here are ours. And our Permanent School Records. And some tear-stained old ‘Dear John’ letters. And a picture of those irregularly shaped moles. And our DMV photos and…Aw, come on!”)

I hope everyone will cooperate with the vital research. But skeptics abound.

“Now if these fellers were figuring out a way to DEEP-FRY tornadoes…”

*Sig

FOOTNOTES: Our next “IS IT TRUE” will be posted on this coming Monday?

Please take time and read our newest feature article entitled “HOT JOBS”. Jobs posted in this section are from Evansville proper.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

Todays “Readers Poll” question is: Do you feel that Evansville Brownfields Corp should be considered a public or private entity?

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

Indiana, Kentucky Attorneys General Urge Congress to  Stand Up for College Students, Ban Debt Collection Robocalls 

0

LOUISVILLE, KY – Indiana Attorney General Greg Zoeller and Kentucky Attorney General Andy Beshear today joined forces in urging Congress to reverse the new law allowing debt collection robocalls to cellphones. Previously, the federal government banned all robocalls to cellphones because they interrupt consumers’ privacy and may cost consumers a charge for the calls.

Zoeller and Beshear believe this provision is a significant setback in the fight to defend their citizens’ telephone privacy rights, and particularly burdens young Americans struggling with student debt.

Debt collection robocalls are aggressive, relentless and often inaccurate, the two attorneys general said today in Louisville.

Both Indiana and Kentucky ban most robocalls, and this federal loophole would undermine tough state laws protecting citizens’ telephone privacy rights.

“College students and recent graduates are already buried in mountains of debt,” Zoeller said. “Blasting them with robocalls, running up their cellphone bills and putting them at risk for fraud only adds insult to injury.”

Because robocalls have been banned, individuals generally associate these calls with scammers. The proliferation of scammers who impersonate government agencies, for example the IRS impersonation scam, adds an additional layer of confusion for people and likely creates more opportunity for fraud.

The YouMail National Robocall Index (YNRI) recently estimated that 2.3 billion robocalls were made nationwide in the month of January alone.

“Protecting Kentuckians from unwanted robocalls is an ongoing priority of my office, and Congress must also act to put consumers first,” Beshear said. “Not passing this act will be a step backward for our office to prosecute those who violate state and federal consumer laws.”

Of the nearly 700 debt collection complaints the Indiana Attorney General’s Office received last year, about 90 percent were because the caller was harassing the wrong person.

“We get several calls on any given day for a person that does not live here,” said one Indiana consumer who filed a complaint with the AG’s Office. “I refuse to let them bully me… ask them every time to stop calling us. I need help in getting this stopped. It is out of control.”

In February, Zoeller and Beshear joined 23 other attorneys general in asking Congress to pass the ‘‘Help Americans Never Get Unwanted Phone calls Act of 2015’’ or the ‘‘HANGUP” Act, which would reverse the amendment to the Telephone Consumer Protection Act (TCPA) allowing debt collection robocalls to cell phones.

Prior to the amendment, the TCPA prohibited all robocalls to cellphones. As amended, the TCPA now permits citizens to receive unwanted and previously illegal robocalls to their cellphones if the calls are made pursuant to the collection of debt owed to or guaranteed by the United States. 

The Indiana Attorney General’s Office received nearly 14,000 complaints about unwanted calls in 2015, a majority of which were about robocalls. The largest number of consumer complaints the Kentucky Attorney General’s Office receives is about unwanted telemarketing calls, with robocalls and debt collection at the top of the list.

A Kentucky consumer who received student loan collection calls said, “The company made repeated calls to my mobile phone despite my request that they stop harassing me and making calls that cost me money for every minute that we talked.”  The consumer pleaded, “Stop the calls to my cellphone.”

Zoeller and Beshear reminded residents to sign up for the Do Not Call list in Kentucky and Indiana. The Indiana Attorney General’s Office also suggests people utilize this call-blocking reference sheet for additional call-blocking applications. Indiana residents who receive an unwanted call or are targeted by a phone scam can file a complaint with the Attorney General’s Office by visiting www.IndianaConsumer.comor calling 888.834.9969. Kentucky residents can file complaints with the Kentucky Attorney General’s Office here or call 888.432.9257.

Zoeller and Beshear also ask Indiana and Kentucky consumers to reach out to their Congressional leaders and urge passage of the HANGUP Act.

A copy of Zoeller’s original statement in support of the HANGUP Act can be found here, and a copy of Beshear’s can be found here.

The HANGUP Act remains pending before the U.S. Senate Committee on Commerce, Science, and Transportation.

Hot Jobs in Evansville

0

Title Clerk
VanAuto, LLC – Evansville, IN
$15 an hour
*Needed immediately* – Self motivated, hardworking, committed individual with title work and light bookkeeping experience. Must be able to multi-task in a
Easily apply
1:40 PM
Sort Observation for Package Handler
Fed-Ex Ground 40 reviews – Evansville, IN
Warehouse, warehousing, shipping, receiving, receiver, dock, laborer, manual labor, entry level, transportation, distribution, general labor, freight handler,…
FedEx Ground Warehouse – 7:39 PM
Packing General Laborer
Azteca Milling 11 reviews – Evansville, IN
$12.85 an hour
Responsible to understand own role in the Food Safety Management System by awareness of the importance and relevancy of their activities and to report food…
12:15 PM
Retail Sales Associate – Evansville, IN
Meijer 2,345 reviews – Evansville, IN
From directing customers to an item, answering general questions, to handling merchandise, your Retail Team Member tasks could vary depending on which…
Easily apply
12:37 PM
Maintenance Worker – $14.00/hr
Continental, Inc. – Evansville, IN
$14 an hour
Responsible for ensuring compliance with federal, state and local regulations pertaining to OSHA, Life Safety Codes including all current building codes and…
Easily apply
2:06 PM
Behavorial Health Recovery Attendant – $11.00/hr
Continental, Inc. – Evansville, IN
$11 an hour
Assists with daily routines within framework of clinical responsibilities following nursing department, hospital, DMHA and State guidelines and policies….
Easily apply
2:20 PM
Laundry Worker – $9.50 per hour
Continental, Inc. – Evansville, IN
$9.50 an hour
Infection Control – Follow universal precautions and dispose of all waste according to hospital policy and procedures….
Easily apply
1:47 PM
Route Sales Representatives
Frito Lay 1,305 reviews – Evansville, IN
The Route Sales Representative is a full-time position that is responsible for selling and merchandising Frito-Lay’s complete line of quality products to…
12:53 PM
Kitchen Prep / Production – Start at $12+ per hour!
Red Robin 993 reviews – Evansville, IN
$12 an hour
Now Hiring: Kitchen Prep / Production If you are: A strong Team Player A Good communicator Organized with a great attention to detail At least 18 years…
2:10 PM
Kindergarten Teacher (Evaluator)
Access Technologys – Evansville, IN
$12.10 an hour
Required license or certification:. The subjects include Math, Science, Social Studies, Writing and ELA (reading)….
Easily apply
3:51 PM

Student Worker
Sodexo Inc. – Evansville, IN
Handles customer service inquiries and problems via the telephone recording recurring problem areas. This position will assist in out Marketing Department….
10:14 PM
Janitorial Worker
High Point Child Care Learning Center – Evansville, IN
Must have own dependable transportation. Cleaning staff lounge and kitchen areas. High Point Child Care is hiring a part-time janitor for its East location in…
Easily apply
3:43 PM
Part Time Nabisco Merchandiser
Mondelez International 337 reviews – Evansville, IN
You must be at least 18 years of age, have a valid driver’s license, reliable transportation, proof of auto insurance and have access to the internet with a…
MondelÄ“z International – 6:36 PM
Retail Sales Fine Jewelry, Full Time: Evansville, IN, Macy’s Eastland
Macy’s 10,868 reviews – Evansville, IN
Participate in pre-selling and sales driving events to maximize sales. Proactively create enhanced shopping experiences through the heightened use of tools,…
8:50 PM
Part-Time Summer Help
High Point Child Care Learning Center – Evansville, IN
High Point Child Care Learning Center is now accepting resumes for part-time summer help at either of our 2 Evansville locations….
Easily apply
11:14 AM
FOOD SVC UTILITY (FULL-TIME) 1 Job
Compass Group Holdings PLC – Evansville, IN
All of the associates in our organization are bonded together by a commitment to provide our patients, residents, guests, and customers with the very best…
Compass Group USA – Mar 3
Dedicated Flex Driver – Highest Pay in the Fleet!
Averitt 146 reviews – Evansville, IN
$41 a day
Drivers have the opportunity to change their driving preferences as their careers progress, including opportunities in operations and leadership….
1:39 PM
Light Industrial/Warehouse
CORESTAFF 267 reviews – Evansville, IN
$12 – $14 an hour
Ability to accurately execute directed warehouse transactions. Special Requirements/ Certifications:. CORESTAFF Services is currently hiring for Warehouse…
Impellam North America – 11:54 AM
Lawn Care Personnel
Fitzgerald’s Lawn Care – Newburgh, IN
Required license or certification:. Fitzgerald’s Lawn Care is seeking dependable and reliable part time applicants in the Newburgh/Evansville area, willing to…
Easily apply
3:52 PM
Physical Therapy Assistant
ViaQuest – Evansville, IN
Has a valid state driver’s license, personal automobile insurance coverage, reliable transportation and an acceptable driving record….
Mar 3

Field Service Representative- Power Distribution
Schneider Electric 825 reviews – Evansville, IN
Candidate will have completed a two year degree or technical certification in an electrical related program or provide documentation of equivalent work…
5:54 PM
Warehouse Worker – Evansville, IN – $ 10.50/hr
ResourceMFG 61 reviews – Evansville, IN
$10.50 an hour
Unload tipper truck Fill in and assist in other areas as needed. Evansville ResourceMFG has openings for Warehouse workers $ 10.50/hr….
3:53 PM
Insurance Sales Representative
Farmers Insurance – Evansville, IN
A current Insurance License is preferred – All candidates have or will be obtaining a Property and Casualty Insurance License, Life Insurance License, and…
Easily apply
9:16 AM
Line Cooks – Start at $12+ per hour!
Red Robin 993 reviews – Evansville, IN
$12 an hour
Now Hiring: Line Cooks If you are: A strong Team Player A Good communicator Organized with a great attention to detail At least 18 years old Able to
2:10 PM
Instructor in English
University of Southern Indiana 30 reviews – Evansville, IN
Or ABD in rhetoric and composition and college-level teaching experience. The English Department at the University of Southern Indiana invites applications for…
7:53 PM
Extrusion Operator – Evansville, IN $12.00/hr. + Attendance Bonus
ResourceMFG 61 reviews – Evansville, IN
$12 an hour
Start machines and set controls to regulate vacuum, air pressure, and temperature, and to synchronize speed of extrusion. Are you looking for a career?…
1:51 PM
Store Clerk- Hourly
Ruler Foods 30 reviews – Evansville, IN
Create an environment that enables customers to feel welcome, important and appreciated by answering questions regarding products sold….
Kroger – 10:36 AM
PC Technician
Springleaf 3 reviews – Evansville, IN
Some College or Technical Training is preferred. Communicate with vendors regarding service requirement, pricing, technician availability, and delivery dates….
Springleaf Financial Services – Mar 3
Security Officer
Midwest – Universal Protection Service – Robards, KY
As a condition of continued employment, employee must maintain current active status of all required License at all times, and must carry the license at all…
Universal Services of America – Mar 3
Hoosiers Bartender
Tropicana Entertainment Inc. – Evansville, IN
Must possess and maintain an Indiana Liquor License and must be able to obtain and maintain an Indiana Gaming license….
Tropicana Entertainment – 3:32 PM

Jobs 1-30 of 58 new jobs

View jobs: since yesterday – for last 7 days – all jobs
Recent jobs that you may be interested in:
Part Time Merchandiser / Stocker
Coca-Cola Bottling Co. Consolidated – Evansville, IN
Valid driver’s license for your state of residency and an excellent driving history for the last seven years….
Feb 23
Personal Driver
Henderson, KY
Needing a driver to drive great uncle too and from Henderson to Evansville to the hospital for doctor visits and cancer treatments….
Care.com – Feb 24
Attendance Clerk
Evansville Vanderburgh School Corporation – Evansville, IN
Questions concerning compliance with these laws should be directed to the Chief Human Resources Officer, Evansville Vanderburgh School Corporation, 951 Walnut…$9.65 an hour
Feb 22

Food Inspection Reports

0

Food Inspection Reports 3-3-16 (1 of 2)

EVSC News Conference Monday

0

The EVSC is planning a news conference on Monday, March 7, at 1 p.m. to discuss a new employee benefit available to all EVSC employees. Representatives with the EVSC as well as the Indiana Education Savings Authority will speak and be available for interviews.

VOTE COUNTING by Jim Redwine

2

Gavel Gamut

By Jim Redwine

(Week of 7 March 2016)

VOTE COUNTING

Many court cases have political overtones even though many Americans think of the Judicial Branch as apolitical. A couple of recent United States Supreme Court cases may demonstrate the juxtaposed propositions.

Dow Chemical Company just settled a Supreme Court case for $835 million rather than take a chance on having to pay a one and one half billion-dollar class action judgment rendered against it in a lower federal court. Dow gave up its hope for a reversal of the lower court decision because Supreme Court Justice Antonin Scalia died.

Scalia was nominated by President Reagan, and, according to one expert, had been a consistent voice and vote against class action lawsuits. Dow did not wish to gamble half a billion dollars more in the face of four liberal versus four conservative justices where a tie vote would mean the lower court judgment would stand.

Or, if President Obama’s assumed to be liberal nominee would be confirmed, five liberals would probably vote to affirm the jury verdict obtained in a Kansas federal court trial. Or, if the Senate were to delay Obama’s nomination until next year so that the new president nominated a different candidate, and if the next president were to be Hillary Clinton or Bernie Sanders, a liberal justice would still be likely.

Political considerations pervaded Dow’s analysis. In fact, Dow issued the following statement:

“Growing political uncertainties due to recent events within the Supreme Court and increased likelihood for unfavorable outcomes for business involved in class action suits have changed Dow’s risk assessment of the situation.”

Of course, if one were to be of the persuasion that class actions to remedy such things as Dow’s conspiracy to fix prices are good for consumers, political pressure would be from the other side had a liberal justice died.

The absence of a ninth justice or, more appropriately, the contemplated replacement of Scalia, and the micro-political battle between liberals and conservatives in the Executive and Legislative branches are also highlighted by the pending Supreme Court review of the Texas case of Whole Women’s Health v. Hellerstedt. This case involves a state statue that is a not so thinly disguised attempt by conservatives in the Texas legislature to restrict abortion providers.

With four liberals and three and one-half conservatives, Justice Kennedy is seen as a swing vote, the Texas statute may withstand a constitutionality challenge by default, i.e., a four to four tie.

When one reads the vigorous and often vitriolic statements on both sides of this case, it would not be a surprise if the conclusion is reached this court case is pure politics in which the country expects an eight vote referendum, not an impartial judgment based on the law and the facts.

It is not the purpose of this column to simply re-state the obvious. Judges are often influenced by political considerations, personal prejudices and beliefs. The purpose is to concentrate on the current system where many judges who allow such factors to interfere with deciding cases on the law and the evidence are chosen by an undemocratic system and are virtually impossible to remove from office.

I suggest we address this problem initially by setting a maximum term of service for all judges at the same number of years required for military retirement, twenty years. Such a limit would require a reinterpretation of the provision in the U.S. Constitution and some state constitutions whereby judges serve, “during good behavior”. However, most American judges do not receive “lifetime” appointments.

This limit would be a maximum, not a minimum. That is, terms could be set at fewer years with the judges subject to re-election at more frequent intervals. Such a system would be my preference. However, an alternative would be that judges must meet certain qualifications to be initially able to be a judge, then serve one twenty year term during which they could only be removed for malfeasance.

Just as with military retirement, the judges would receive pay and benefits for life, but would never be able to serve as a judge again.

Judges are people. They have prejudices; limiting their terms will not eliminate the prejudices. What it would limit is how long the public would have to suffer injustice if the judge were unable to decide cases on the merits.

Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in Executive Session

0

The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, March 7, 2016, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).

Governor Pence Signs Adoption Records Bill

0

 

Indianapolis – Governor Mike Pence issued the following statement after he signed into law Senate Enrolled Act 91, a bill that opens all adoption records that were finalized prior to January 1, 1994.  These records will open beginning on July 1, 2018 unless the birth parent files a contact preference form with the Indiana State Department of Health.

“SEA 91 expands opportunities for adopted Hoosiers seeking more information on their health and heritage even while ensuring that birthparents who choose to maintain their privacy are protected, and I am pleased to sign it into law,” said Governor Pence. “I want Indiana to be known as the most pro-adoption state in America and SEA 91 will give greater clarity and compassion to our adoption laws.”

SEA 91 will open all adoption records finalized before 1994 unless a birth parent requests with the Indiana State Department of Health that the records remain sealed. The legislation goes into effect on July 1, 2018, thereby providing time to inform birth mothers about these changes.

A photo of the Governor signing SEA 91 is attached.

 

Adopt A Pet

0

 Check out this beautiful boy! Meet Shaggy, a male Alaskan Husky mix. He’s about 4 years old. His temperament test result was GREEN, which means he’d be great with kids of any age! He has also done well previously with cats and other dogs. He enjoys car rides and being brushed. He’ll be the perfect indoor family dog. He’s ready to go home TODAY neutered, vaccinated, and microchipped for $100! Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

1...5,7255,7265,727...7,313Page 5,726 of 7,313