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 Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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