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2 cases
  • Hill v. Coggins, CIVIL CASE NO. 2:13-cv-00047-MR-DLH
    • United States
    • U.S. District Court — Western District of North Carolina
    • September 24, 2019
    ...extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering." 50 C.F.R. § 17.3. The definition of "harass" in the ESA regulations includes certain exceptions for captive wildlife:This definition, when applied to capti......
  • Ctr. for Biological Diversity v. U.S. Fish & Wildlife Serv., 12–17530.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 9, 2015
    ...kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering." 50 C.F.R. § 17.3.2 "Jeopardize the continued existence of means to engage in an action that reasonably would be expected, directly or indirectly, to reduce apprec......
5 firm's commentaries
  • US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Construction of New Infrastructure Projects
    • United States
    • Mondaq United States
    • February 24, 2010
    ...v. Mineta, 373 F.3d 1078, 1084 (10th Cir. 2004). 16 U.S.C. § 470f. TVA v. Hill, 437 U.S. 153, 174, 184 (1978). 16 U.S.C. § 1532(19). 50 C.F.R. § 17.3. Babbitt v. Sweet Home Chapter, 515 U.S. 687 NAHB v. Babbitt, 130 F.3d 1041 (D.C. Cir. 1997); GDF Realty Investments v. Norton, 326 F.3d 622 ......
  • Bats in the Balance: Northern Long-Eared Bat Listing and Interim 4(d) Rule
    • United States
    • JD Supra United States
    • May 8, 2015
    ...otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.” 50 C.F.R. § 17.3. [11] Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Northern Long-Eared Bat With 4(d) Rule, 80 Fed. Reg. [12]......
  • Recent Decision May Reduce Zoos’ Potential Exposure to ESA Violations
    • United States
    • JD Supra United States
    • October 4, 2019
    ...extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.” 50 C.F.R. § 17.3. Significantly, however, the definition of “harass” in the ESA regulations, “when applied to captive wildlife, does not include generally ......
  • U.S. Fish and Wildlife Service Issues Guidance on Endangered Species Act Incidental Take Permits
    • United States
    • JD Supra United States
    • May 4, 2018
    ...actually kills or injures wildlife by significantly impairing essential behavior patterns, including breeding, feeding, or sheltering.” 50 C.F.R. § 17.3. In 1982, Congress amended the ESA to authorize the Service to issue permits for “incidental” takes—which can occur, for example, when the......
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