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...
Does a car or truck accident count as a work injury?
If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.
Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.
If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases.
If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.
Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.