Climate change lawsuit filed by Alaska youth goes to court

National Court News

The state has argued in court that a climate change lawsuit filed by 16 young Alaska residents should be thrown out because climate policies must be decided by the state Legislature and the executive branch, not the courts.

The state and plaintiffs argued their cases on Monday before an Anchorage judge in a hearing to decide if the lawsuit should advance, Alaska's Energy Desk reported .

The plaintiffs, ranging from children in elementary school to college students, say the state is violating their constitutional rights by failing to limit greenhouse gas emissions. Assistant Attorney General Seth Beausang asked the court to dismiss the case, citing the Alaska Supreme Court's dismissal of a similar climate change case in 2014 setting precedent.

"The court said that weighing all those interests was a policy decision entrusted to the political branches, and not to the courts," Beausang said.

The 2014 case and the current one were both filed with help from an Oregon-based nonprofit, Our Children's Trust, which has filed legal actions on behalf of young people across the country demanding action on climate change.

The plaintiffs said that in the years since the 2014 Supreme Court ruling, Alaska has implemented a de facto climate policy by continuing to encourage activities like oil and gas production.

"The state's climate and energy policy is causing catastrophic harm to Alaska's climate system and endangering plaintiff's lives and liberties and their very futures," Our Children's Trust attorney Andrew Welle said. "These claims are squarely within the authority of the court."

Attorneys for both sides said they expect a ruling within the next six months.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.