Court: Florida police can use 'stand your ground' law

Florida law enforcement officers can invoke the state's "stand your ground" law to protect them from criminal prosecution in a shooting, the state Supreme Court ruled unanimously Thursday. The court issued its 7-0 decision in the case of Peter Peraza, a Broward County sheriff's deputy charged with manslaughter in the 2013 fatal shooting of a man carrying what turned out to be an air rifle. Peraza's lawyers claimed he was immune from prosecution under the stand your ground law, which permits use of deadly force when a person has a legitimate fear of "imminent death or great bodily harm." The justices agreed with two lower court rulings, which concluded that the law applies to law enforcement officers the same as anyone else. "Simply put, a law enforcement officer is a 'person' whether on duty or off, and irrespective of whether the officer is making an arrest," Justice Alan Lawson wrote for the court. "In common understanding, 'person' refers to a 'human being,' which is not occupation-specific and plainly includes human beings serving as law enforcement officers," he added. Peraza shot 33-year-old Jermaine McBean during a confrontation with deputies at his apartment complex. Several people had called 911 to report a man openly carrying a rifle down a busy street and acting erratically.

Court tosses permit for pipeline to cross Appalachian Trail

A permit for the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail, was thrown out Thursday by a federal appeals court that harshly criticized regulators for approving the proposal. A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond blasted the U.S. Forest Service for granting a special use permit to build the natural gas pipeline through parts of the George Washington and Monongahela National Forests, and granting a right of way across the Appalachian Trail. "A thorough review of the record leads to the necessary conclusion that the Forest Service abdicated its responsibility to preserve national forest resources," Judge Stephanie Thacker wrote for the panel in the unanimous ruling. The court said the agency had "serious environmental concerns" about the project that were "suddenly, and mysteriously, assuaged in time to meet a private pipeline company's deadlines." The ruling also quoted "The Lorax" by Dr. Seuss, saying the Forest Service is trusted to "speak for the trees, for the trees have no tongues." Aaron Ruby, a spokesman for Dominion Energy, the project's lead developer, said the developers "strongly disagree" with the court's ruling and plan to immediately appeal by seeking a hearing before the full 4th Circuit court. "If allowed to stand, this decision will severely harm consumers and do great damage to our economy and energy security," Ruby said in a statement. "Public utilities are depending on this infrastructure to meet the basic energy needs of millions of people and businesses in our region."