Appeals court: EPA chief doesn't have to give deposition

Legal Events

A federal appeals court says U.S. Environmental Protection Agency Administrator Gina McCarthy doesn't have to give a deposition in a coal company's lawsuit over the impact of regulations on jobs.

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond on Wednesday overturned a decision by U.S. District Judge John Preston Bailey in Wheeling, West Virginia.

Bailey had ruled there's no viable alternative to deposing McCarthy in coal producer Murray Energy's lawsuit alleging the EPA has shirked its obligation to conduct job-loss analyses on the Clean Air Act regulations.

The appeals court's one-page order did not explain why it ruled in McCarthy's favor.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.

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