50 C.F.R. §402.12 - Biological assessments

Cite as50 C.F.R. §402.12
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172 cases
  • Conservation Cong. v. United States Forest Serv., NO. CIV. S-11-2605 LKK/EFB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 19 June 2012
    ...be present in the area of a federal agency's "major construction activity," then the agency must prepare a "biological assessment." 50 C.F.R. § 402.12(b). The purpose of the biological assessment is to "evaluate the potential effects of the action on listed and proposed species and designat......
  • Nat'l Parks Conservation Ass'n v. Jewell, Civil Action No. 09–00115 BJR
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 20 February 2014
    ...50 C.F.R. § 402.13(a). A biological assessment evaluates the potential effects of the action on listed species and critical habitat. 50 C.F.R. § 402.12(a).6 NMA asserts that the ESA section 7 rules are not binding on other agencies, because the “structure” of section 7 indicates that Congre......
  • Strahan v. Linnon, Civ. A. No. 94-11128-DPW.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • 20 May 1997
    ...contents of a biological assessment are at the discretion of the [action] agency and will depend on the nature of the Federal action." 50 C.F.R. § 402.12. See also Bays' Legal Fund, 828 F.Supp. at 110 n. 19 ("there are no strict requirements for what the biological assessment should include......
  • National Wildlife Federation v. Fema, No. C03-2824Z.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • 15 November 2004
    ...Cir.1994).14 However, no formal consultation Page 1168 is required if, as a result of the preparation of a biological assessment under 50 C.F.R. § 402.1215 or as a result of informal consultation with the Service under 50 C.F.R. § 402.13, the action agency determines, with the consultation ......
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