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California residents who let their green lawns turn brown and brittle will no longer face the possibility of fines for an unkempt yard under a new law to encourage water conservation during the state's drought.
The measure, signed on Monday by California Governor Jerry Brown, prohibits a city or county from imposing a fine on a homeowner for the failure to water a lawn or for http://www.hunterindustries.com/ having a brown lawn during the drought emergency.
Assemblywoman Cheryl Brown, who sponsored the measure, said she knew of a number of cities and towns that had been leveling fines on homeowners for allowing their grass to go brown even as state officials https://www.youtube.com/watch?v=kjreVlmEbis have asked the public to "severely limit" outdoor water use this summer. Part of the state "Save Our Water" campaign urges Californians to let lawns "fade to gold for the summer."
California is in the fourth year of a catastrophic drought that has led https://www.youtube.com/watch?v=kjreVlmEbis the state to issue a series of steps to reduce water consumption, including the first-ever mandatory cutbacks in urban water use.
Starting this week, California parks will no longer offer showers for people to wash sand and salt from their bodies at the beach.
(Re porting by Victoria Cavaliere; Editing by Paul Tait)
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In Margereson & Hancock v JW Roberts Ltd (1996) two children, the plaintiffs, who grew up playing close to a factory, later had cancer because they were exposed to asbestos dust from the factory. The plaintiffs sued.
Despite the fact that the damage suffered was removed from the time the plaintiffs were close to the factory, they were successful. The court held that it was foreseeable that the defendants' negligence in allowing the contaminants to escape would lead to some type of illness or other to anyone that came in contact with the pollutants and that illness may be detached from the time the victims were exposed to the contaminants.
Delay in the impact of being exposed to pollutants is a facet of environmental damage and illnesses incurred as a result of being exposed to fumes and dusts released from factories often manifest or materialize at a later time or place.
In OLL v Secretary of State for the Home Department (1996) 8 boys, 2 teachers and an instruct or were lost during a canoeing trip. A report was lodged and the coastguard was called in to locate them. They were subsequently found but soon after 4 of the boys died and the others suffered from hypothermia. An action was brought against the organizers who in turn brought an action against the coastguard. The second claim was unsuccessful.
The duty that is owed by the coast guard is similar to that which is owed by the police in that; they do not per se owe members of the public a duty of care.
In this instance, however one looks at it, it is difficult to hold the coastguard accountable or responsible especially given the fact that they were called in only after the incident had taken place and it is fair to argue, given the prevailing conditions (weather) the boys, teachers and instructor shouldn't have been out canoeing in the first place.
In Mulcahy v Ministry of Defense (1996) we examine the duty owed by the army to its soldiers. The plaintiff was a soldi er deployed during the Gulf War and he was standing too close to a machine gun, a howitzer, and as a result suffered damage to his hearing. Like the example https://attorneygeneral.nd.gov/ we gave earlier of members of the groundcrew who sustain hearing damage as a result of being exposed to aircraft take-off's Best Attorney College Station or artillery crews suffering hearing damage when the guns are fired, does the army, navy or air force owe its staff a duty of care?
It Best Attorney College Station was held that the army does not owe its servicemen and women a duty of care and the decision is largely one of policy. The number of servicemen and women that incur some form of injury as a result of serving in the armed forces is high and should the armed forces be held accountable for every injury that its men and wo men suffer, it would have to pay out large figures in damages each year. A majority of cases however go unreported.
It is also fair to say that the rules with regards or reference to the employer-employee relationship are not applicable to the armed forces.
Let's look at another situation. What happens if the plaintiff was provided with earmuffs or ear protectors and suffered hearing impairment as a result of defective earmuffs? Does the plaintiff have an action against the defense contractor(s) who supplied the earmuffs?
In R v Corydon Health Authority (1997) the plaintiff went for a chest x-ray which was a routine requirement prior to commencing employment and the radiologist negligently failed to report a significant abnormality. The plaintiff subsequently became pregnant and was diagnosed with PPH (primary pulmonary hypertension), which could be aggravated or worsened by pregnancy. The plaintiff had the child but became progressively depressive as a result o f believing that her life expectancy had been reduced. The plaintiff sued for psychiatric illness.
It was held that the defendant was liable but the damages were reduced in lieu of the fact that the decision to become pregnant was that of the plaintiff. The plaintiff might not have become pregnant if she had known the facts but it is a matter of proving that in court and in this instance the best option was to probably divide the responsibility.
In Church of Latter-Day Saints v Yorkshire Fire and Civil Defense Authority (1997) the plaintiffs' premises was on fire and the plaintiffs called in the fire brigade. When the fire brigade arrived, they realized that the fire hydrants did not have adequate water supply and as a result they couldn't put out the fire.
The fire department in addition to firefighting duties is also tasked with the regular inspection and maintenance of fire hydrants. The plaintiffs sued.
The courts held that there was no duty owed. The decision is largely based on public policy and to prevent the fire department from being encumbered by additional liability.
TRENTON, N.J. -- Laws taking effect at the start of the new year show states diverging on some hot-button issues.
Restrictions on carrying guns will ease in Texas, for example, but will get tighter in California. It will be easier to register to vote in Oregon, but there will be another step to take at the polls in North Carolina.
The opposing directions in the states reflect a nation with increasingly polarized politics.
In the debate over gun control, both sides say their arguments are strengthened by a string of mass shootings this year. That includes the December attack at a county health department gathering in San Bernardino, California, when a couple who investigators say pledged allegiance to the leader of the Islamic State of Iraq and Syria (ISIS) killed 14 people.
Everytown for Gun Safety, a group backed by billionaire former New York City Mayor Michael Bloomberg, is seeking to be a counterweight to the National Rifle Association's lobbying of st ate lawmakers. Both groups are expected to be active in legislatures in the coming year.
Whether to raise the minimum wage has become another hot topic in states and cities, with the issue getting no traction in the Republican-led Congress.
New voting laws, meanwhile, could help shape the outcomes in state and federal elections in the coming year. Democrats and others who want to boost voter participation have been pushing to expand access to the polls, while conservatives have pushed for measures aimed at preventing election fraud. Each side says the other is using legislation to help their favored party in elections.
A look at some of the more notable laws taking effect in January:
GUNS
Texas, the second-most populous state, is joining 44 other states in allowing at least some firearm owners to carry handguns openly in public places. Under the Texas law, guns can be carried by those with licenses and only in holsters.
CBS affiliate KEYE re ports that police departments across the state are expecting an increase in 911 calls as a new open carry law takes effect today.
Meanwhile, California, the most populous state, has multiple new laws on gun control. One tightens a ban on firearms in and around schools. Under the new law, the prohibition will apply even to most people who are allowed to carry concealed weapons generally. Another will allow people to request that a judge order weapons be taken away from relatives who are believed to pose a threat.
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VOTING
California and Oregon will become the first states that automatically register eligible voters when they obtain or renew their driver's licenses. Critics of the measures - mostly Republicans - say that could lead to voter fraud a nd is part of a plan to register more voters who are likely to be Democrats. They say voters should register voluntarily. In both states, people will be able to opt out of being registered.
Similar measures have been proposed in other states but never adopted. This year, Republican Gov. Chris Christie vetoed the concept in New Jersey.
In North Carolina, a voter identification law passed in 2013 that requires people to show a photo ID is taking effect.
An amendment adopted this year allows voters who have trouble obtaining the required ID to vote anyway. That provision keeps North Carolina from joining eight states in which a photo ID is strictly required. There are still legal challenges over the law, and opponents want a judge to delay implementation.
In most states, voters are asked to show some kind of identification.
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PUBLIC HEALTH
Hawaii is becoming the first state to raise its minimum age, from 18 to 21, to buy or use cigaret tes or e-cigarettes. It's a move some local governments have made before, but never a state.
CBS affiliate KGMB in Honolulu reports that the new laws go into effect on Jan. 1, but enforcement won't begin for three months. Health officials and Honolulu police will focus on educating residents, visitors, and retailers through April 1.
California is joining West Virginia and Mississippi as the only states without a personal-belief exemption for parents who do not want to vaccinate their children. Children whose parents refuse to have them immunized against several diseases will not be allowed to enroll in public or private school and would instead have to be homeschooled. There is an exemption for children with serious health problems.
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EMPLOYMENT ISSUES
In California, a new law lets female employees allege pay discrimination based on the wages a company pays other employees who do substantially similar work. Under the law, it will be up to employe rs to prove a man's higher pay is based on factors other than gender.
Oregon will become the fifth state with a paid sick leave mandate for many employers.
Some cities in traffic-congested urban areas are trying to ease the burdens of commuting. Employers with at least 20 workers in Washington, D.C., and New http://laws.com/ York City will be required to offer commuter benefits such as tax-free mass transit subsidies to their workers. San Francisco already has a similar ordinance.
In Missouri, a new law will link the duration of jobless benefits to the state's unemployment rate. When fewer people are out of work, those claiming the benefits will be cut off sooner. The maximum length of the benefits will be reduced from the current 20 weeks - already among the shorter periods in the nation - to 13. Only North Carolina, which has a similar sliding scale, has a shorter period: 12 weeks.
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MINIMUM WAGE
The minimu m wage will rise in many cities and states with the new year. Some of the wage increases are coming under laws passed years ago that phased in the increases over a period of years. Some are automatic increases tied to the cost of living.
Fast-food workers in New York state will receive their first pay bump under a new law that eventually will push their minimum wage to $15. The full amount will kick in at the end of 2018 in New York City and 2021 in the rest of the state.
The federal government has not touched the minimum wage since it was increased to $7.25 effective in 2009. Labor groups and workers keep pushing for higher raises while many business groups say raises could come at the expense of jobs. But with the federal rate unchanging, more state and local governments - particularly in the West and Northeast - are taking action.
The wages are rising in California, Connecticut, Hawaii, Maryland, Massachusetts, Michigan, Rhode Island, Vermont and West Virginia on Friday. States with automatic annual increases effective Jan. 1 are Arizona, Colorado, Montana, New Jersey, Ohio and South Dakota.
Some cities, including New Orleans, also have new rates starting Jan. 1. Minimum-wage fast-food workers in Seattle also will get a bump as part of that city's phased-in increase to $15 an hour.
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TAXES
Taxes are going up in some places and dropping in others.
Income tax rates will drop slightly in Oklahoma, where state revenues have fallen sharply, and Massachusetts.
In North Carolina, the tax on gasoline will drop by a penny a gallon to 35 cents. The sales tax on boats will drop in New Jersey as of Feb. 1.
Taxes on cigarettes and other tobacco products will rise in Minnesota, as will hotel taxes in Hawaii.
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ABORTION
Physicians in North Carolina will be required to provide the state with ultrasound images of fetuses and other data related to ab ortions performed after the 16th week of pregnancy.
For pregnancies terminated after the 20th week, doctors must explain to the state Department of Health and Human Services how continuing the pregnancy would have threatened the life and health of the mother. Some lawmakers who favor abortion rights say the state should not have this medical data.
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IMMIGRANT DRIVER'S LICENSES
Two more states are allowing people who are in the United States illegally to be licensed to drive. Delaware's law took effect Sunday and Hawaii's will be eff ect in the new year.
Ten states and the District of Columbia already have similar provisions.
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PETS
Illinois is making it a misdemeanor to leave pets outside during extreme weather. Missouri, in a crackdown on the state's commercial "puppy mills," is requiring dog breeders to provide more space for their animals and is barring them from using wire-strand flooring in dog kennels.
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Associated Press writers Cathy Bussewitz in Honolulu; Randall Chase in Dover, Delaware; David A. Lieb in Jefferson City, Missouri; Jonathan Mattise in Charleston, West Virginia; Sean Murphy in Oklahoma City; Gary Robertson in Raleigh, North Carolina; Will Weissert in Austin, Texas; and Juliet Williams in Sacramento, California, contributed to this report.
