50 CFR 402.13 - Informal consultation
| Cite as | 50 CFR 402.13 |
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214 practice notes
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Meetings: National Environmental Policy Act compliance and environmental protection procedures,
...of the preparation of a biological assessment under 50 CFR 402.12 or as a result of information consultation with the Service under 50 CFR 402.13, the OPDIV/STAFFDIV determines, with the written concurrence of the Director of the Service, that the proposed action is not likely to adversely ......
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Part II
...(NMFS)) during informal consultations, in order to avoid the likelihood of adverse effects on listed species or critical habitat. See 50 CFR 402.13(b). The submission of information to the Services for consideration during the consultation. See 50 CFR Ensuring that they make no irreversible......
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Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
...to be adversely affected by the action and is used in determining whether formal consultation or a conference is necessary.” 28. 50 C.F.R. § 402.13(a) provides: Informal consultation is an optional process that includes all discussions, correspondence, etc., between the Service and the Fede......
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Native Ecosystems Council v. Erickson, CV 17-53-M-DWM
...to adversely affect listed species or critical habitat, the consultation process is terminated and no further action is necessary. 50 C.F.R. §§ 402.13(a), 402.14(b)(1). If it is determined that the action is "likely to adversely affect" listed species or designated critical habita......
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178 cases
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Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
...to be adversely affected by the action and is used in determining whether formal consultation or a conference is necessary.” 28. 50 C.F.R. § 402.13(a) provides: Informal consultation is an optional process that includes all discussions, correspondence, etc., between the Service and the Fede......
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Native Ecosystems Council v. Erickson, CV 17-53-M-DWM
...to adversely affect listed species or critical habitat, the consultation process is terminated and no further action is necessary. 50 C.F.R. §§ 402.13(a), 402.14(b)(1). If it is determined that the action is "likely to adversely affect" listed species or designated critical habitat, however......
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Sierra Club v. Strock, No. 03 23427 CV.
...— which appears to violate the requirement that the Corps, at a minimum, obtain written concurrence from FWS for the proposed action. 50 C.F.R. § 402.13(a). The Corps has indicated that these modifications were made only for acreage of "identical habitat quality," Tr. 2662 (Studt), but also......
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San Luis & Delta-Mendota Water Auth. v. Jewell, Nos. 11–15871
...agency or consulting agency determines that the proposed action is likely to adversely affect a listed species or critical habitat. 50 C.F.R. §§ 402.13, 402.14. Formal consultation requires the consulting agency, here the FWS, to issue a biological opinion stating whether the proposed actio......
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3 firm's commentaries
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D.C. Circuit Remands EPA’s Cyantraniliprole Registration Decision
...an effects determination or consulting with the FWS and/or the NMFS as required by ESA Section 7(a)(2) and implementing regulations (50 C.F.R. § 402.13-14). Under the ESA citizen-suit provision, “any person” may “commence a civil suit on his own behalf … to enjoin any person, including the ......
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Doing Business In Arizona - A Legal Guide
...specifically included, its seeds or fruit, which is growing wild on state land or public land Informal consultation is described in 50 C.F.R. § 402.13. Agency consultation may begin with an “informal consultation,” an optional process in which the U.S. FWS and another federal agency determi......
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Proposed Changes to Endangered Species Act Regulations Would Create Efficiencies Without Changing Species Protections
...consideration in evaluating a proposed action’s anticipated impacts. Informal Consultation Deadlines Informal consultation under 50 C.F.R. § 402.13 is an optional process used to determine whether formal consultation must occur. If performed effectively, informal consultation can help avoid......
5 books & journal articles
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Judicial Review Endangered: Decisions Not to Exclude Areas From Critical Habitat Should Be Reviewable Under the APA
...Senatore, A Comment on Critical Habitat and the Challenge of Regulating Small Harms , 43 ELR 10675, 10675 (Aug. 2013). 69. See 50 C.F.R. §§402.13(a), 402.14(a) (2016). 70. 16 U.S.C. §1536(b)(3)(A); 50 C.F.R. §402.14(h)(3) (2016). 71. Id . 72. See 16 U.S.C. §1536(o); 50 C.F.R. §402.14(i)(5) ......
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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
...that “[t]his language admits of no exception.” 27 Although Tennessee Valley Authority gave Section 7 a very broad scope, 28 the 9th 23 50 C.F.R. §§ 402.13, 402.14(a) (Lexis Nexis 2014). 24 Id. (formal consultation may last up to 90 days, after which NMFS or USFWS will prepare a biological o......
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Building a Better State Endangered Species Act: An Integrated Approach Toward Recovery
...F.3d 803, 810, 28 ELR 21125 (8th Cir. 1998) (stating that a no efect determination obviates the need for any further consultation). 71. 50 C.F.R. §402.13. 72. §402.13. 73. §402.13. 74. §402.02. 75. 16 U.S.C. §1536(b)(3)(A). 76. §1536(b)(3)(A); 50 C.F.R. §402.14(h)(3). 77. See Bennett v. Spe......
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Federal Agency Conservation Obligations and Consultation Under §7 of the ESA
...or threatened species. Carson-Truckee Water Conservancy Dist. v. Clark, 741 F.2d 257, 262, 14 ELR 20797 (9th Cir. 1984). 116. See 50 C.F.R. §402.13. 117. See 50 C.F.R. §402.13. 103. 50 C.F.R. §402.02; Consultation Handbook, at 4-25. 104. 40 C.F.R. §402.02; see also Consultation Handbook, at......
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