50 CFR 424.19 - Impact analysis and exclusions from critical habitat
| Cite as | 50 CFR 424.19 |
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245 practice notes
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N. N.M. Stockman's Ass'n v. U.S. Fish & Wildlife Serv., No. CIV 18-1138 JB\JFR
...the Secretary determines to be appropriate, and will compare the impacts with and without the designation.’ " Response at 19 (quoting 50 C.F.R. § 424.19(b) )(alteration in Response and not in 50 C.F.R. § 424.19(b) ). Fish & Wildlife argues that the Endangered Species Act is ambiguous, and......
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New Mexico Cattle Growers v. U.S. Fish & Wildlife, No. 98-0275 LH/DJS-ACE.
...such area as part of the critical habitat," unless to do so would result in the extinction of the species. 16 U.S.C. § 1533(b)(2); 50 C.F.R. § 424.19. In other words, after this two part analysis, the FWS is authorized, but not required, to exclude areas based upon its In addition, the FWS ......
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Alaska Oil & Gas Assoc. v. Salazar, Case Nos. 3:11–cv–0025–RRB, 3:11–cv–0036–RRB, 3:11–cv–0106–RRB.
...534 F.Supp.2d 1013, 1031(D.Ariz.2008). 94. ARI PBCH0045510–14. 95. ARI PBCH0045510. 96. Docket 77 at 22–23. 97. Docket 58 at 16. 98.50 CFR § 424.19 (2005) (emphasis added). 99.Bennett, 520 U.S. at 172, 117 S.Ct. 1154 (quoting 16 U.S.C. § 1533(b)(2) (2003)). 100.Home Builders Ass'n of N. Cal......
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Cape Hatteras Access Pres. Alliance v. U.S. Dept. of Interior, Civil Action No. 09-0236 (RCL)
...has discretion when it comes time to decide whether to exclude areas from a critical habitat designation. 16 U.S.C. § 1533(b)(2); 50 C.F.R. § 424.19; see also CHAPA I, 344 F.Supp.2d at 127. Specifically, "[t]he Secretary may exclude any area from critical habitat if he determines that the b......
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13 cases
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New Mexico Cattle Growers v. U.S. Fish & Wildlife, No. 98-0275 LH/DJS-ACE.
...such area as part of the critical habitat," unless to do so would result in the extinction of the species. 16 U.S.C. § 1533(b)(2); 50 C.F.R. § 424.19. In other words, after this two part analysis, the FWS is authorized, but not required, to exclude areas based upon its In addition, the FWS ......
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Alaska Oil & Gas Assoc. v. Salazar, Case Nos. 3:11–cv–0025–RRB, 3:11–cv–0036–RRB, 3:11–cv–0106–RRB.
...534 F.Supp.2d 1013, 1031(D.Ariz.2008). 94. ARI PBCH0045510–14. 95. ARI PBCH0045510. 96. Docket 77 at 22–23. 97. Docket 58 at 16. 98.50 CFR § 424.19 (2005) (emphasis added). 99.Bennett, 520 U.S. at 172, 117 S.Ct. 1154 (quoting 16 U.S.C. § 1533(b)(2) (2003)). 100.Home Builders Ass'n of N. Cal......
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Cape Hatteras Access Pres. Alliance v. U.S. Dept. of Interior, Civil Action No. 09-0236 (RCL)
...has discretion when it comes time to decide whether to exclude areas from a critical habitat designation. 16 U.S.C. § 1533(b)(2); 50 C.F.R. § 424.19; see also CHAPA I, 344 F.Supp.2d at 127. Specifically, "[t]he Secretary may exclude any area from critical habitat if he determines that the b......
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N. N.M. Stockman's Ass'n v. U.S. Fish & Wildlife Serv., No. CIV 18-1138 JB\JFR
...the Secretary determines to be appropriate, and will compare the impacts with and without the designation.’ " Response at 19 (quoting 50 C.F.R. § 424.19(b) )(alteration in Response and not in 50 C.F.R. § 424.19(b) ). Fish & Wildlife argues that the Endangered Species Act is ambiguous, and......
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5 firm's commentaries
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Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts
...title>[35] 79 Fed. Reg. 27052, 27056. [36] See 79 Fed. Reg. 27066, 27068. [37] 50 C.F.R. § 424.19(a). [38] Id. § James Lynch...
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Wildlife Roundup
...for Designating Critical Habitat, 85 Fed. Reg. 82376 (Dec. 18, 2020). This regulation is codified at 50 C.F.R. § 17.90 and replaces 50 C.F.R. § 424.19 for USFWS. The National Marine Fisheries Service (NMFS) did not join USFWS’s rule, so it will continue to rely on 50 C.F.R. § 424.19. 11Weye......
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Government Issues Final Rule on Economic Impact Analyses for Endangered Species Act Habitat Designations
...(such as reduction in economic impacts) to excluding the area, the agency must designate it." Ibid. The Service's rule, revising 50 C.F.R. §424.19, also relied on a legal opinion issued by the Solicitor of the Department of the Interior on October 3, 2008. The Solicitor found that the Servi......
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Government Issues Final Rule On Economic Impact Analyses For Endangered Species Act Habitat Designations
...(such as reduction in economic impacts) to excluding the area, the agency must designate it." Ibid. The Service's rule, revising 50 C.F.R. §424.19, also relied on a legal opinion issued by the Solicitor of the Department of the Interior on October 3, 2008. The Solicitor found that the Servi......
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1 books & journal articles
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Judicial Review Endangered: Decisions Not to Exclude Areas From Critical Habitat Should Be Reviewable Under the APA
...25 ELR 20706 (9th Cir. 1995). 103. See Baynes, supra note 14, at 982-89. 104. See 78 Fed. Reg. 53058, 53061 (Aug. 28, 2013) (revising 50 C.F.R. §424.19(b) (2016)) (“he Secretary . . . will compare the impacts with and without the designation.”). 105. See Sean O’Connnor, he Rio Grande Silver......