50 CFR 402.13 - Informal consultation

Cite as50 CFR 402.13
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
214 practice notes
  • Meetings: National Environmental Policy Act compliance and environmental protection procedures,
    • United States
    • Federal Register February 25, 2000
    • 25 d5 Fevereiro d5 2000
    ...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 ......
  • Part II
    • United States
    • Federal Register July 12, 2006
    • 12 d3 Julho d3 2006
    ...(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......
  • Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • 4 d2 Maio d2 2010
    ...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......
  • Native Ecosystems Council v. Erickson, CV 17-53-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • 1 d3 Agosto d3 2018
    ...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......
  • Request a trial to view additional results
178 cases
  • Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • 4 d2 Maio d2 2010
    ...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......
  • Native Ecosystems Council v. Erickson, CV 17-53-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • 1 d3 Agosto d3 2018
    ...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......
  • Sierra Club v. Strock, No. 03 23427 CV.
    • United States
    • U.S. District Court — Southern District of Florida
    • 13 d5 Julho d5 2007
    ...— 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......
  • San Luis & Delta-Mendota Water Auth. v. Jewell, Nos. 11–15871
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 13 d4 Março d4 2014
    ...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......
  • Request a trial to view additional results
3 firm's commentaries
  • D.C. Circuit Remands EPA’s Cyantraniliprole Registration Decision
    • United States
    • JD Supra United States
    • 12 d3 Julho d3 2017
    ...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 ......
  • Doing Business In Arizona - A Legal Guide
    • United States
    • JD Supra United States
    • 5 d6 Janeiro d6 2013
    ...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......
  • Proposed Changes to Endangered Species Act Regulations Would Create Efficiencies Without Changing Species Protections
    • United States
    • JD Supra United States
    • 25 d3 Julho d3 2018
    ...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

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT