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CurrencyCurrent through May 31, 2023
Citation 50 C.F.R. §402.02
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30 cases
  • Eagle Cnty. v. Surface Transp. Bd.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • August 18, 2023
    ...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......
  • Yurok Tribe v. U.S. Bureau of Reclamation
    • United States
    • U.S. District Court — Northern District of California
    • February 6, 2023
    ...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......
  • Rocky Mountain Wild v. Dallas
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • April 19, 2024
    ...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......
  • Nat. Res. Def. Council v. Haaland
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 23, 2024
    ...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
2 books & journal articles
  • Table of Statutes
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 7: Environmental Regulation (WSBA) Table of Statutes
    • Invalid date
    ...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......
  • §19.2 - Federal Endangered Species Act of 1973
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 7: Environmental Regulation (WSBA) Chapter 19 Endangered Species
    • Invalid date
    ...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......