50 CFR 402.03 - Applicability
| Cite as | 50 CFR 402.03 |
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111 practice notes
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Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations
...implementing regulations, ESA section 7(a)(2) applies only to actions where there is discretionary federal involvement or control. See 50 CFR 402.03. Further, under the regulations consultation is required only for actions that ``may affect'' listed species or designated critical habitat. S......
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Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units
...implementing regulations, ESA section 7(a)(2) applies only to actions where there is discretionary federal involvement or control. 50 CFR 402.03. Further, under the regulations consultation is required only for actions that ``may affect'' listed species or designated critical habitat. 50 CF......
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Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles-Phase 2
...relevant implementing regulations, section 7(a)(2) applies only to actions where there is discretionary federal involvement or control. 50 CFR 402.03. Further, under the regulations consultation is required only for actions that ``may affect'' listed species or designated critical habitat. ......
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Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units
...relevant implementing regulations, section 7(a)(2) applies only to actions where there is discretionary federal involvement or control. 50 CFR 402.03. Further, under the regulations consultation is required only for actions that ``may affect'' listed species or designated critical habitat. ......
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81 cases
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Coal. for a Sustainable Delta v. Fed. Emergency Mgmt. Agency, 1:09-cv-02024 OWW GSA
...that "Section 7 and the requirements of this part apply to all actions in which there is discretionary Federal involvement or control." 50 C.F.R. § 402.03. Section 7 does not apply where an agency "simply lacks the power to 'insure' that [its] action will not jeopardize endangered species."......
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Nat'l Parks Conservation Ass'n v. Jewell, Civil Action No. 09–00115 BJR
...critical habitat,” the agency must initiate formal consultation with the Service or the National Marine Fisheries Service (“NMFS”).4 50 C.F.R. §§ 402.03, 402.14(a). There are two exceptions: if preparation of a biological assessment or informal consultation shows that the agency action is n......
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Strahan v. Linnon, Civ. A. No. 94-11128-DPW.
...an attack is inappropriate at this juncture. I will, therefore, grant summary judgment to the defendants on Counts XVIII and XIX. D. 50 C.F.R. § 402.03 In Count XX, the plaintiff asserts a facial challenge to the validity of 50 C.F.R. § 402.03 which states that "Section 7 [of the E.S.A.] an......
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National Wildlife Federation v. Fema, No. C03-2824Z.
...actions are subject to Section 7(a)(2)'s consultation requirements only if "there is discretionary Federal involvement or control." 50 C.F.R. § 402.03; see also 50 C.F.R. § 402.16 (requiring re-initiation of consultation where "discretionary Federal involvement or control over the action ha......
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7 firm's commentaries
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Oil Spill Response Plan/Clean Water Act: Federal Appellate Court Addresses Endangered Species Act/National Environmental Policy Act Based Challenges
...of endangered or threatened species. 16 U.S.C. § 1536(a)(2). However, this requirement only applies to discretionary agency actions. 50 C.F.R. §402.03. NEPA requires agencies to create an Environmental Impact Statement (“EIS”) for major federal agency actions. 42 U.S.C. § 4332(C). Neverthel......
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Trump Administration Finalizes New Endangered Species Act Regulations
...subject to extension by mutual consent of up to 120 days.[44] In one departure from the proposed rule, the Services declined to revise 50 C.F.R. § 402.03 for circumstances in which consultation was not required. [1] Endangered and Threatened Wildlife and Plants; Revision of Regulations for ......
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Broad Duty To Consult Is New Norm Under ESA In 9th Circ.
..."Section 7 and the requirements of this part apply to all actions in which there is discretionary [f]ederal involvement or control." 50 C.F.R. 402.03. The district court reasoned that renewal of the settlement contracts is substantially constrained by prior contract, which specifies, inter ......
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Corps Of Engineers Issues Guidance Regarding Section 7(a)(2) Consultation
...regulations (pdf) specify that section 7 applies to “actions in which there is discretionary Federal involvement or control.” 50 C.F.R. 402.03. In addition, the Consultation Handbook (pdf) uses an example of a dam to demonstrate that ongoing effects of an existing facility are part of the e......
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5 books & journal articles
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Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA
...last “comprehensive” revision to the ESA implementing rules was in 1986. Proposed Section 7 Rule Notice, supra note 15, at 35178. 11. 50 C.F.R. §402.03 (2018). 12. See infra notes 83-88 and accompanying text. 13. See infra Part II. 14. See infra Section II.C. 15. Endangered and hreatened Wi......
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Federal Agency Conservation Obligations and Consultation Under §7 of the ESA
...v. homas, 30 F.3d 1050, 1053 (9th Cir. 1994). 48. Forest Guardians v. Forsgren, 478 F.3d 1149, 1159 (10th Cir. 2007). 49. Id. 50. 50 C.F.R. §402.03 (emphasis added); see also Envtl. Prot. Info. Ctr. v. Simpson Timber Co., 255 F.3d 1073 (9th Cir. 2001) (inding that because the FWS did not re......
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The Endangered Species Act and Climate Change
...(May 14, 2008). 76. Hall Memorandum, supra note 74. 77. 73 Fed. Reg. 47868 (Aug. 15, 2008). 78. 73 Fed. Reg. 76272, 76287 (codiied at 50 C.F.R. §402.03(b)(2)). 79. 73 Fed. Reg. 76272, 76282. 80. Id. Copyright © 2009 Environmental Law Institute®, Washington, DC. reprinted with permission fro......
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The ESA and Climate Change
...to be utilized as a tool to regulate global processes.” 84 his discussion concluded with the 77. 73 Fed. Reg. 76272, 76287 (codiied at 50 C.F.R. §402.03(b) (2)). 78. 73 Fed. Reg. 76272, 76282. 79. Id. 80. 73 Fed. Reg. 76272, 76282-83. 81. 73 Fed. Reg. 76283. 82. 73 Fed. Reg. 76272, 76280. 8......
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