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Bank Of America Investment The nomination of a Pennsylvania district court judge by President George W. Bush to the U.S. Court of Appeals for the Third Circuit is being challenged by 27 national environmental and community groups. They claim that as a district court judge, D. Brooks Smith handed down rulings that favored industry interests over environmental protection and public health.

(25 Marks) The Court of Appeal hears appeals from the Crown Court against conviction and sentence. Appeals against sentence may only be made with leave.

Investment Opportunity Smith is the chief judge of the U.S. District Court for the Western District of Pennsylvania. He has served as a judge of that court since November 1, 1988 when he was appointed at age 36, one of the youngest federal judges in the country. He must now be confirmed by the Senate before taking his seat on the Third Circuit Court of Appeals.

So far, Democrats have helped to confirm about 170 Bush judicial nominees but have blocked six others. In February, while the Senate was in recess, Bush installed Alabama Attorney General William Pryor, an outspoken foe of abortion rights, based U.S. Court of Appeals for the 11th Circuit. A month earlier, Bush elevated U.S. District Judge Charles Pickering, whose civil rights record had been challenged, based Fifth Circuit appeals court.

Banc Of America Investment Earthjustice and Community Rights Counsel, along with 25 other national organizations today sent a letter to the Senate Judiciary Committee expressing their "serious concerns" about Judge Smith's record.

Since 2004, the S.E.C. has sought to regulate this industry and has been repeatedly rebuked by the D.C. Court of Appeals. the Investment Advisers Act of 1940 which requires broker registration when more than 15 clients are involved but if the fund has less than one hundred investors, the demanding Investment Company Act of 1940, regulation is not required either. The S.E.C., with the criticisms of Wall Street and without the help of the courts or Congress, has instead sought to redefine the word client in order to broaden their regulatory powers.

Banking Investment "Judge Smith's rulings in illegal toxic dumping, environmental crimes, and other cases show a bias for polluters and against victims and the environment," said Glenn Sugameli of Earthjustice's Judging the Environment project.

"He appealed the three year sentence, but the appeal court upheld the lower court's conviction, " the spokesman told reporters. A number of Christian websites and lobby groups have accused Iran's Shiite Muslim regime of targetting Pourmand because of his involvement with the Assemblies of God church in Bushehr, southern Iran. There have even been warnings that he could face charges of apostacy, a capital offence in the Islamic republic. In his weekly press conference, Rad made no mention of Pourmand's religious leanings.

Investment Solution Strategic One ruling cited by the groups was in the criminal case against Action Mining, Inc., a coal company that illegally built a pipe to carry untreated acid mine drainage to nearby Coal Run, a tributary of Casselman River in Pennsylvania. During the four years the pipe was in operation, acid mine drainage killed 60,000 stocked trout and left a stretch of the river dead.

Investment Banking Services Earthjustice says the company estimates that this Clean Water Act violation saved it $5 million in treatment costs. Judge Smith imposed a $50,000 criminal fine, one percent of their profit from the violation.

Bank Investment "A ruling like that sends a simple message - illegal pollution can pay," Sugameli says.

Alternative Investment Environmentalists also express concerns about Judge Smith's participation in junkets for judges. Funded by corporations and special interests, these trips to luxury resorts and dude ranches allow those with stakes in federal litigation to pitch judges on their viewpoints while playing a round of golf or riding horseback. According to research by Community Rights Counsel, Judge Smith took 12 of these special interest trips from 1992 through 2000.

Online Investment Services "Judge Smith is one of the most junketed federal judges in America, and his rulings suggest that the corporations funding these trips are getting a great return on their investment," said Doug Kendall, of Community Rights Counsel.

Accompany Essential Investment ENS - 2/4/2002

Topic: White House

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