Appellate court rules against mine company’s Arizona project
Legal Events
Minerals Inc.’s plan for a new open-pit copper mine in southeastern Arizona.
The 9th U.S. Circuit Court of Appeals agreed that the U.S. Forest Service’s approval of a permit for the Rosemont Mine project in a valley on the eastern flank of the Santa Rita Mountains near Tucson went beyond what is allowed under a federal mining law.
The appellate court cited the planned use of Coronado National Forest land for long-term storage of waste rock, not actual mining, and the lack of valuable minerals on that property.
Hudbay Minerals officials said in a statement Thursday they were reviewing the ruling and would continue to pursue alternative plans for mining part of the Rosemont copper deposit on nearby private lands.
A coalition of environmental and tribal groups challenging the mining hailed the appellate court’s decision, the latest in a series of legal obstacles to the project.
“This momentous decision makes it clear that Hudbay’s plan to destroy the beautiful Rosemont Valley is not only a terrible idea, it’s illegal,” said Allison Melton, an attorney at the Center for Biological Diversity.
Hudbay has another mine project in the works on the western flank of the Santa Ritas.
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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.