50 C.F.R. § 402.02 - Definitions
| Cite as | 50 C.F.R. § 402.02 |
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1165 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
...(June 3, 1986). Effects of an action include both the direct and indirect effects that will be added to the environmental baseline. See 50 CFR 402.02. Direct effects are the direct or immediate effects of an action on a listed species or its habitat.\124\ Indirect effects are those that are......
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Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units
...19949 (June 3, 1986). Effects of an action include both the direct and indirect effects that will be added to the environmental baseline. 50 CFR 402.02. Direct effects are the direct or immediate effects of an action on a listed species or its habitat.\574\ Indirect effects are those that a......
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Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles-Phase 2
...19949 (June 3, 1986). Effects of an action include both the direct and indirect effects that will be added to the environmental baseline. 50 CFR 402.02. Indirect effects are those that are caused by the action, later in time, and that are reasonably certain to occur. Id. To trigger a consul......
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Proposed Revisions to the U.S. Fish and Wildlife Service Mitigation Policy
...modification, provided that it is also consistent with the regulatory definition of a reasonable and prudent alternative at 50 CFR 402.02. It is preferable to avoid or minimize impacts to listed species or critical habitat before rectifying, reducing over time, or compensating for such impa......
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460 cases
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Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
...to adversely affect listed species or critical habitat, the consultation process is terminated, and no further action is necessary. 29. 50 C.F.R. § 402.02 provides that “ ‘Jeopardize the continued existence of’ means to engage in an action that reasonably would be expected, directly or indi......
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Pacific Northwest Generating Co-op. v. Brown, Civ. No. 92-973-MA
...define the term "recovery" as "improvement in the status of listed species to the point at which listing is no longer appropriate." 50 C.F.R. § 402.02. Thus, the ultimate goal of the ESA is "to make itself obsolete." Rohlf, supra note 17, at 2. In-River Management Harvest allocation for chi......
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In re Operation of the Missouri River System Lit., No. 03-MD-1555(PAM).
...the species in the action area as well as the potential effects the proposed action may have on the species in the action area. See 50 C.F.R. § 402.02 (defining biological assessment). A proposed action will "jeopardize" the species if it "reasonably would be expected, directly or indirectl......
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Maine v. Norton, No. CIV. 00-250-BC.
...the point at which listing is no longer appropriate under the criteria set out in Section 4(a)(1) [16 U.S.C. § 1533(a)(1)] of the Act." 50 CFR § 402.02. Because all of the stocked fish in the DPS rivers could die without having spawned successfully, the Services contend that it is overly si......
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21 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'
...modification" of critical habitat. (See the U.S. Fish & Wildlife Service and National Marine Fisheries Service proposed rule, 50 CFR Part 402.) This regulation responds to two separate court decisions (in 2001 and 2004) that set aside the 1986 definition of "adverse modification." The 1......
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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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Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts
...title>[7] Id. § 1536(a). [8] Id. § 1536(b). [9] 50 C.F.R. § 402.02. [10] [11] 245 F.3d 434, 441-43 (5th Cir. 2001). [12]...
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22 books & journal articles
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Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA
...both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species.” 50 C.F.R. §402.02 (2018). 69. 16 U.S.C. §1536(a)(2). 70. 50 C.F.R. §402.02 (2018). his deinition is followed by a nonexclusive list of certain types of act......
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Practiced at the art of deception: the failure of Columbia Basin salmon recovery under the Endangered Species Act.
...Judge Marsh responded that: There is no dispute that dam existence is properly part of the "environmental baseline" as defined by 50 C.F.R. 402.02. The idea that the dams are immutable and uncontrollable like the weather ignores decades of fish protection improvements (such as bypass facili......
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If a Tree Falls in the Woods and the Government Did Nothing to Cause It, Does It Still Invoke the Endangered Species Act (ESA)? Evaluating Karuk Tribe v. U.S. Forest Service and Its Impact on Agency Action Under the ESA
...endangered species or threatened species or result in the destruction or adverse modification of habitat of such species . . . . Id. 17 50 C.F.R. § 402.02 (LexisNexis 2014). Agency action includes all activities or programs of any kind authorized, funded, or carried out, in whole or in part......
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Building a Better State Endangered Species Act: An Integrated Approach Toward Recovery
...been given to the Secretary and to any alleged violator. 91 Prevailing parties are entitled to the recovery of attorneys fees. 92 68. 50 C.F.R. §402.02 (2009). 69. §402.02. 70. See Sullins, supra note 48, at 73 (citing Newton County Wildlife Ass’n v. Rogers, 141 F.3d 803, 810, 28 ELR 21125 ......
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