Texas lawyer wants extra pollution controls nixed

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A lawyer representing the energy industry has filed a petition with the Texas Commission on Environmental Quality seeking a relaxation of rules governing air-borne pollution that he says compel Texas businesses to pick up the tab for foreign polluters.

Attorney Jed Anderson said states should not be forced to make deeper cuts in smog-forming emissions to meet federal limits because of wind-borne pollution from places such as Mexico.

"It's important to push for cleaner air, but we need to do it in a way that is just and fair," said Anderson, of Houston.

He filed the petition last week, the Houston Chronicle reported Monday.

TCEQ has 60 days to respond to the petition. If the agency agrees with Anderson, it could ask the U.S. Environmental Protection Agency to revise the rules.

Federal law gives states the primary responsibility for assuring that the air is safe to breathe. The law allows an exception if foreign pollution is the only reason that an area does not comply with smog limits, but that is difficult to prove.

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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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