Environmental law and "discretion"

March 22, 2013 | By DAMIEN SCHIFF

One issue I have been thinking a lot about recently, particularly in light of the Supreme Court’s denial of cert in The New 49’ers v. Karuk Tribe of California, is the scope of the duty of federal agencies to consult, under Section 7 of the Endangered Species Act, over the impacts of their “discretionary” actions on protec ...