Court: US agency acted reasonably to protect seals
Recent Cases
An appeals court panel on Monday ruled that a federal agency acted reasonably in proposing to list a certain population of bearded seals threatened by sea ice loss.
The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco reverses a lower court ruling that found the decision by the National Marine Fisheries Service was improper.
At issue was whether the fisheries service can protect species as threatened under the Endangered Species Act when it determines that a currently non-endangered species will lose habitat due to climate change in coming decades.
In 2014, a federal judge in Alaska found there was no discernible, quantified threat of extinction within the foreseeable future for the seals and determined the listing decision was arbitrary.
But the appeals court panel ruling issued Monday said the fisheries service relied on the best available scientific data and seriously considered the comments it received. The panel's opinion also noted a high bar for overturning an agency action.
The service's listing decision was challenged by the Alaska Oil and Gas Association and others, who argued, among other things, that the seal population appeared to be healthy and the service's use of climate projections beyond 2050 were speculative.
Joshua Kindred, environmental counsel for the oil and gas association, cited concern with the level of research that contributed to the service's finding, saying there was a "failure to engage in that critical mass of scientific research."
He said the ruling was still being reviewed and a decision on any further steps had not been made yet.
The appeals court panel also rejected the state of Alaska's argument that the service failed to address several of its substantive comments, saying the record indicates otherwise.
Related listings
-
Greece court cancels TV license overhaul; blow to government
Recent Cases 10/26/2016A high court has canceled a television license auction in Greece, dealing a blow to the country's left-wing government which carried out the sale as part of an anti-corruption drive. Judges from the Council of State court ruled 14-11 late Wednesday t...
-
Court hearing on potential Ontario ban of Indians name, logo
Recent Cases 10/17/2016A Toronto court will hear arguments on an attempt to bar the Cleveland Indians from using their team name and logo in Ontario. The legal challenge by indigenous activist Douglas Cardinal comes on the same day the baseball team takes on the Toronto Bl...
-
Court: Construction can resume on small stretch of pipeline
Recent Cases 10/10/2016A federal appeals court on Sunday opened the door for construction to resume on a small stretch of the four-state Dakota Access pipeline while it considers an appeal by the Standing Rock Sioux Tribe. The ruling removed a temporary injunction that hal...
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.