Court: US agency acted reasonably to protect seals
Recent Cases
An appeals court panel on Monday ruled that a federal agency acted reasonably in proposing to list a certain population of bearded seals threatened by sea ice loss.
The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco reverses a lower court ruling that found the decision by the National Marine Fisheries Service was improper.
At issue was whether the fisheries service can protect species as threatened under the Endangered Species Act when it determines that a currently non-endangered species will lose habitat due to climate change in coming decades.
In 2014, a federal judge in Alaska found there was no discernible, quantified threat of extinction within the foreseeable future for the seals and determined the listing decision was arbitrary.
But the appeals court panel ruling issued Monday said the fisheries service relied on the best available scientific data and seriously considered the comments it received. The panel's opinion also noted a high bar for overturning an agency action.
The service's listing decision was challenged by the Alaska Oil and Gas Association and others, who argued, among other things, that the seal population appeared to be healthy and the service's use of climate projections beyond 2050 were speculative.
Joshua Kindred, environmental counsel for the oil and gas association, cited concern with the level of research that contributed to the service's finding, saying there was a "failure to engage in that critical mass of scientific research."
He said the ruling was still being reviewed and a decision on any further steps had not been made yet.
The appeals court panel also rejected the state of Alaska's argument that the service failed to address several of its substantive comments, saying the record indicates otherwise.
Related listings
-
Greece court cancels TV license overhaul; blow to government
Recent Cases 10/26/2016A high court has canceled a television license auction in Greece, dealing a blow to the country's left-wing government which carried out the sale as part of an anti-corruption drive. Judges from the Council of State court ruled 14-11 late Wednesday t...
-
Court hearing on potential Ontario ban of Indians name, logo
Recent Cases 10/17/2016A Toronto court will hear arguments on an attempt to bar the Cleveland Indians from using their team name and logo in Ontario. The legal challenge by indigenous activist Douglas Cardinal comes on the same day the baseball team takes on the Toronto Bl...
-
Court: Construction can resume on small stretch of pipeline
Recent Cases 10/10/2016A federal appeals court on Sunday opened the door for construction to resume on a small stretch of the four-state Dakota Access pipeline while it considers an appeal by the Standing Rock Sioux Tribe. The ruling removed a temporary injunction that hal...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.