Court agrees to review Alaska Roadless Rule case

Headline Legal News

A full federal appeals court will review the decision allowing Alaska's Tongass National Forest to be exempt from federal restrictions on road-building and timber harvests in "roadless" areas."

The 9th U.S. Circuit Court of Appeals on Friday announced an 11-member panel will review a split decision rendered by a three-judge panel in March, which said the U.S. Department of Agriculture had legitimate grounds in 2003 to temporarily exempt the Tongass from the Roadless Rule.

Earthjustice attorney Tom Waldo said by phone from Juneau that the decision was great news for residents of southeast Alaska.

"This case is about the wild and undeveloped part of the Tongass, which are really important for hunting, fishing, tourism and recreation," he said. "These are the driving forces of the local economy, and today's order ensures that those places will remain protected until the court can give the issue a thorough review."

"Today's decision is extremely disappointing," said Sharon Leighow, spokeswoman for Gov. Sean Parnell. "It was the state's position that this case did not meet the criteria for a rehearing and was properly decided by the three-judge panel."

"As a result of today's ruling, the status of the Roadless Rule in the Tongass will remain in doubt well into 2015, further harming the economy in Southeast Alaska," she said in a statement.

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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.

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