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It proposed a series of changes designed to appeal to both sides of the political divide, including restrictions on the number and timing of appeals.
At the time of appeal, FWS had not yet made a critical habitat designation for the pygmy owl.
The Administration included that issue when it appealed the Ninth Circuit's latest ruling to the Supreme Court last year, but the Justices then issued an order limiting their review to the statutory question of the timing of appeals.
In administrative matters, the Supreme Administrative Court has the sole power to grant ertraordinary means of appeals, which are the annulment of a decision, a complaint against it, or an extension of the already lapsed time of appeal.
However, in most jurisdictions it is limited to situations where a direct appeal was not previously possible--usually because the issue was simply unknown at the time of appeal (that is, a "latent" issue) or because the issue otherwise could not be raised on appeal because of procedural barriers.