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Tag: section 7 consultation

October 05, 2017

New lawsuit challenging Endangered Species Act overreach

This morning, we filed a complaint in federal district court in D.C. challenging the National Marine Fisheries Service’s 2016 “biological opinion” governing FEMA’s implementation of the national flood insurance program in Oregon. Representing the City of Coos Bay, Oregon, we argue in the lawsuit that the biological opinion&# ...

April 16, 2014

Another win for the Delta smelt

Just minutes ago, the Ninth Circuit Court of Appeals issued its en banc unanimous decision in NRDC v. Jewell holding that the Bureau of Reclamation violated the Endangered Species Act in renewing several dozen water contracts in connection with the Central Valley Project.  The Court, in an opinion authored by conservative GOP-appointed Judge Milan ...

July 08, 2013

Army Corps issues new ESA guidance

One of the most important provisions of the Endangered Species Act is Section 7, which requires, inter alia, that federal agencies ensure that their discretionary actions do not jeopardize the continued existence of any listed species, or adversely modify its critical habitat.  The provision also requires federal agencies to consult with the Natio ...

March 18, 2013

Supreme Court denies cert in The New 49'ers

In Karuk Tribe of California v. United States Forest Service, the Ninth Circuit Court of Appeals held that the receipt of a notice of intent from a private party is an “agency action,” triggering the consultation requirement of the Endangered Species Act. The miners sought review in the Supreme Court, and Pacific Legal Foundation, re ...

March 14, 2013

Supremes to consider The New 49'ers tomorrow

In Karuk Tribe of California v. United States Forest Service, the Ninth Circuit Court of Appeals held that notices of intent to mine on national forest lands trigger the obligation for the Forest Service to consult with the United States Fish and Wildlife Service and National Marine Fisheries Service over the impacts of the proposed mining ...

March 05, 2013

Ominous development for San Joaquin Valley water users

This morning, the Ninth Circuit Court of Appeals agreed to rehear en banc the appeal in Natural Resources Defense Council v. Salazar.  In this case, the environmentalists challenge the failure of the Bureau of Reclamation to consult with the United States Fish and Wildlife Service and National Marine Fisheries Service when the Bureau renewed a ...

February 21, 2013

Polar bear rule issued

Earlier this week, the United States Fish and Wildlife Service reissued a rule under Section 4(d) of the Endangered Species Act, allowing the “take” of polar bear.  The District of Columbia federal district court had overturned a prior version on the ground that the Service had failed to comply with the National Environmental Policy Ac ...

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