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Federal appeals court approves plan to kill one species of owl to protect another – JURIST

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The US Court of Appeals for the 9th Circuit on Friday allowed the US Fish and Wildlife Service (USFWS) to implement a controversial policy to restore northern spotted owl habitat by killing a limited number of Oregon barred owls. a threatened species under the Endangered Species Act (ESA) since 1990. The USFWS concluded in 2011 that an increase in barred owls, which are native to the East Coast but have spread west over time, may be contributing to the decline in populations of spotted owls in Oregon. The two species compete for habitat and food resources, and barred owls have been seen acting aggressively against spotted owls. In 2011, the USFWS proposed a “barred owl management” plan, which created agreements with four landowners. The owners agreed to conduct spotted owl sighting surveys on their property and allow the USFWS to enter and remove the barred owls in exchange for the right to continue logging from sites on the property where no spotted owls were seen. The plan called for the “lethal elimination” of 3,600 barred owls. The environmental advocacy group Friends of Animals opposed this plan, arguing that the removal permits would not result in a “net conservation benefit” for the northern spotted owl population and could potentially harm the owl species. already fragile spotted owls with invasive removal tactics targeting barred owls. .USFWS argued in response that while the removal plan would not directly cause a “net conservation benefit,” it would allow the agency to study the relationship between barred owl presence and spotted owl decline, which would help them formulate a long-term plan. long-term strategy to boost the spotted owl population. The 9th Circuit panel agreed with this conclusion, holding that the policy “allowed the agency to obtain information critical to designing policy to protect endangered or threatened species.” The panel also ruled that the USFWS would not need to conduct another environmental impact survey, as this proposed plan was “adequately contemplated” when it was first proposed.

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Uzbekistan: Protests in autonomous republic over proposed constitutional reform – JURIST

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Protests erupted in Nukus, the capital of Uzbekistan’s autonomous republic of Karakalpakstan, on Friday over a proposed constitutional reform. According to a statement from the government of the region: Despite the policy of openness and free expression of will followed by the Republic of Uzbekistan, on July 1, 2022 in Nukus, a criminal group of people organized illegal actions expressed in an attempt to take over the state. administrative bodies of the Republic of Karakalpakstan. The demonstrators were protesting the planned removal of the section of the current constitution that allows Karakalpakstan the right to secede from Uzbekistan by referendum. This has caused outrage among the ethnic Karakalpak, who make up the majority of the population of Karakalpakstan. Karakalpaks from neighboring Kazakhstan held a round table discussion on the proposed change. One speaker, Rustem Matekov, stated that the day of the referendum on the new version of the constitution will be “the day of the funeral of the people of the Republic of Karakalpakstan”. However, the president of Uzbekistan, Shavkat Mirziyoyev, has challenged this view, saying: We, two peoples, have become one, we are blood relatives. Previously, the regions did not know the streets of Karakalpakstan or Nukus, but now we work as one people, the youth of Karakalpakstan achieve great results. […] I respect the Karakalpak people with all my heart and I can proudly say that I am a son not only of the Uzbeks, but also of the Karakalpak people. Removal is not the only proposal on the table. Other proposals include strengthening civil rights and extending the presidential term from five to seven years, which would allow Mirziyoyev to run again despite having served two consecutive terms.

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US Supreme Court overturns lower court injunctions on state abortion laws – JURIST

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On Thursday, the US Supreme Court struck down three orders issued by lower courts in Arizona, Indiana and Arkansas that had invalidated abortion at the state level based on Roe v. Wade. This follows the Supreme Court’s reversal of Roe last Friday. The now-overturned Arizona ruling had stopped a state law criminalizing abortions performed on fetuses with non-lethal genetic abnormalities, of which Down syndrome is one. The injunction targeted relevant portions of four clauses of Senate Bill 1457, which makes it a felony for a physician to perform an abortion “knowing that the abortion is sought solely because of a genetic abnormality of the child.” The law also requires the doctor to sign an affidavit stating that the abortion is not performed for this reason and to inform the patient of the illegality of abortions due to genetic abnormalities. Finally, it requires doctors to inform the State when a genetic abnormality has been detected. This law was challenged in Brnovich v. Isaacson in 2021, and the injunction was upheld by the Ninth Circuit Court of Appeals. Arkansas’s 2019 ruling in Little Rock Planning Services v. Rutledge passed three laws that prohibited abortion in various circumstances. Arkansas Code, Title 20, Chapter 26, Law 493 prohibits abortions after 18 weeks of gestation, with exceptions for medical emergencies and pregnancies resulting from rape or incest. Law 619 prohibits all abortions solely on the basis of having a reason to believe that the fetus has Down syndrome, with the same exceptions. Law 700 requires that the person performing an abortion be a doctor licensed in obstetrics and gynecology. The federal court order of these laws was upheld by the Eighth Circuit Court of Appeals. In Indiana, a 2017 ruling in the case of Box v. Planned Parenthood of Indiana and Kentucky had mandated a law that prohibited abortions before 20 weeks in several cases. . The law, Indiana Code Chapter 16-34-4, prohibits abortions before 20 weeks if the abortion was for demographic, sexual, or fetal disability reasons. Specifically, abortion is prohibited if sought because of the possibility of a genetically inherited disease, defect, or disorder, whether or not it has been screened for or any risk is present. This includes, but is not limited to, Down syndrome and any mental, physical and intellectual disabilities. Abortions related to the sex of the fetus, or its race, color, national origin, or ancestry, are also prohibited. The Court of Appeals for the Seventh Circuit upheld the injunction. The three laws imposed by the precautionary measures will take effect immediately. These cases will be sent back to the lower court for further proceedings.

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US Supreme Court denies Alaska Airlines request for exemption from state labor laws – JURIST

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The United States Supreme Court refused to hear a challenge from Alaska Airlines Inc. seeking a waiver of a California law requiring in-flight meals and rest, upending an earlier decision that sided with the United States. flight attendants in a battle for federal and state jobs. laws. The Ninth Circuit Court of Appeals ruled in its July 2021 decision Virgin America, Inc. v. Julia Bernstein, that the airline, which later merged with Alaska Airlines, had to comply with California state law in addition to federal regulations for flights within the state. Bernstein, a flight attendant, filed a class action lawsuit on behalf of California workers, alleging violations of state labor laws. This included a law requiring workers to have a 30-minute off-duty meal and a break after working five hours. The federal Airline Deregulation Act of 1978 did not preempt state law requiring rest and meal breaks. The airline group argued that the state law had a “significant impact on airline prices, routes and services” as more attendants and staff would have to be hired to meet the state’s rest requirements. The rejection of the request of the airlines can have lasting consequences. for the aviation industry, as well as state and federal labor regulations. The court’s decision also follows the guidance of the Biden Administration, as the Justice Department filed an amicus curiae brief on behalf of the flight attendants and instructed the court not to review the case or send it back to the appeals court.

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