Definitions
| Currency | Current through May 31, 2023 |
| Citation | 50 C.F.R. §402.02 |
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30 cases
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Eagle Cnty. v. Surface Transp. Bd.
...directly or indirectly by the proposed project and not merely the area immediately adjacent to the action." J.A. 1756; see also 50 C.F.R. § 402.02. The Biological Assessment identified that certain protected species of fish in the upper Colorado River Basin may be affected by the Railway. J......
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Yurok Tribe v. U.S. Bureau of Reclamation
...in the United States," and expressly includes "actions directly or indirectly causing modifications to the land, water, or air." 50 C.F.R. § 402.02. If an agency believes an action "may affect" a listed species or critical habitat, the agency typically must engage in a formal consultation p......
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Rocky Mountain Wild v. Dallas
...an action as direct versus indirect, grouping direct and indirect effects into the definition of "[e]ffects of the action." 50 C.F.R. § 402.02. Furthermore, this argument undermines the Conservation Groups' assertion that § 7 cannot apply here, given clear precedential direction for the FWS......
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Nat. Res. Def. Council v. Haaland
...in the action area, without the consequences to the listed species or designated critical habitat caused by the proposed action." 50 C.F.R. § 402.02. NRDC's claim fails. FWS had considered Reclamation's Temporary Urgency Change Petitions in Reclamation's reinitiation of its first-track cons......
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6 firm's commentaries
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Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program (NCHRP)
...a 404 Permit and the Corps did not have adequate information to determine whether there was a practicable alternative to the 71 Id.; 50 C.F.R. § 402.02 72 50 C.F.R. § 402.12(b)(1). 73 50 C.F.R. § 402.02. 74 16 U.S.C. § 1536(c)(1). 75 See Nat’l Wildlife Fed’n v. Coleman, 529 F.2d 359 (5th Ci......
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Proposed Endangered Species Act Regulations Would Revise Rules And Protections Related To "Critical Habitat" - Proposal Would Significantly Expand Critical Habitat Protection Under The Federal Endangered Species Act
...adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical." (50 C.F.R. §402.02). The courts invalidated the definition for failure to properly require consideration of the impact of adverse modification on recovery of the......
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U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now
...(last accessed 21 Aug. 2014). [4] 16 U.S.C. § 1536(a)(2) (2012). [5] 50 C.F.R. § 402.01 (1978). [6] 50 C.F.R. § 402.02 (2013). [7] 51 Fed. Reg. 19,926, 19,926-30 [8] First Amended Complaint, Ctr. for Biological Diversity, No. 12-6325, ECF No. 28 at ¶ 1 (FAC). [9] Id. ¶¶ 82, 92. [10] Order G......
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Proposed Endangered Species Act Regulations Would Change Critical Habitat Rules
...comment period for all three potential revisions is July 11, 2014. Donald Baur Marc Bruner Patrick Ryan Paul B. Smyth Edgar Washburn 50 C.F.R. § 402.02. But two federal appellate courts found that the definition violated the ESA and did not afford sufficient protection to critical habitat. ......
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2 books & journal articles
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Table of Statutes
...17.22(b)(5)(ii): 19.2(6)(a) 50 C.F.R. § 223.210: 19.2(3)(c) 50 C.F.R. § 17.22(b)(5)(iii)(A): 19.2(6)(a) 50 C.F.R. § 224.101: 19.3(3)(e) 50 C.F.R. § 402.02: 19.2(1)(c), 19.2(1)(d), 19.2(2), 19.2(2)(a), 19.2(2)(b) 50 C.F.R. § 17.22(b)(5)(iii)(B): 19.2(6)(a) 50 C.F.R. § 17.22(b)(8): 19.2(4) 50......
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§19.2 - Federal Endangered Species Act of 1973
...to "critical habitat." 50 C.F.R. § 424.12; revise the definition of "destruction or adverse modification" for Section 7 consultations, 50 C.F.R. § 402.02; and describe the process to exclude critical habitat from designation (policy interpreting 50 C.F.R. pt. 424). (d) Recovery plans The ce......