Court tosses permit for pipeline to cross Appalachian Trail

Ethics

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."

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.

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