Striking down that notice in May, Judge Miranda Du said the government fell far short of justifying its “wholesale reversal at the eleventh hour.” The trial began this week after prosecutors withdrew their appeal of her ruling.
Donald Trump's death penalty push faces setbacks as judges block attempts to reverse prior decisions
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Fernley sought relief in state court last year after U.S. District Court Judge Miranda Du threw out its federal lawsuit, which claimed the government failed to adequately consider alternatives required by the National Environmental Policy Act when it approved a $148 million plan to line 12.7 miles of the canal.
Nevada fight over leaky irrigation canal and groundwater more complicated than appears on surface
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