Court: No new offshore drilling work during federal shutdown

U.S. Court News

A federal judge in South Carolina has turned back the Trump administration's attempt to continue preparatory work for offshore drilling during the federal government's partial shutdown, issuing a ruling in a federal lawsuit challenging the overall expansion plans.

In his order, U.S. District Judge Richard Gergel halted federal agencies "from taking action to promulgate permits, otherwise approve, or take any other official action" for permits to conduct testing that's needed before drilling work can begin.

The ruling comes a few days after President Donald Trump's decision this week to recall workers at the Bureau of Ocean Energy Management so they could continue to process testing permits for possible drilling off the Atlantic coastline. The recall drew an objection from the U.S. House Natural Resources Committee chairman, Democratic Rep. Raul Grijalva (gri-HAWL-vah) of Arizona. He called on Acting Interior Secretary David Bernhardt to reverse course or provide a briefing on the legal justification for the move.

Earlier this month, South Carolina joined a federal lawsuit opposing the administration's plans to conduct offshore drilling tests using seismic air guns. Gergel is overseeing that case, initially filed by environmental groups and municipalities along the state's coast.

The suit challenges permits for the testing that precedes the drilling itself. It claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act in issuing the permits.

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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.