Courts weighs scrapping huge California water pact

Recent Cases

A vanishing lake figures large in a court battle over how Southern California gets it water, a high-stakes dispute with consequences that could ripple throughout the western United States.

A California appeals court is considering whether to overturn a landmark 2003 agreement that created the nation's largest farm-to-city water transfer and set new rules for dividing the state's share of the Colorado River. A three-judge panel of the 3rd Appellate District in Sacramento will hear arguments Monday and is expected to rule within three months.

Farmers and environmentalists involved in the lawsuit argue the pact is deeply flawed, while California water agencies say it is critical to keeping an uneasy peace on the river. The court has given each side 45 minutes to make its case and asked lawyers to focus on whether the state of California violated its constitution by essentially writing a blank check to restore the shrinking Salton Sea.

California long used more of the Colorado River than it was granted under agreements with Arizona, Colorado, Nevada, New Mexico, Utah, Wyoming and Mexico. Its overindulgence was never a big problem until Sunbelt cities like Phoenix witnessed explosive growth and other states clamored for their full share. Drought only exacerbated tensions.

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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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