50 C.F.R. § 424.14 - Petitions
| Cite as | 50 C.F.R. § 424.14 |
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536 practice notes
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CONSERVANCY of Sw. Fla. v. UNITED States FISH, Case No. 2:10-cv-106-FtM-SPC
...comply with certain non-discretionary duties under the ESA. Specifically, Count IV alleges that the Secretary failed to comply with 50 C.F.R. § 424.14(d), which in turn required compliance with 50 C.F.R. § 424.12(b); the procedures set forth in 16 U.S.C. §§ 1533(b)(3)(D)(i),(ii); and the pr......
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Conservancy of Southwest Florida v. U.S. Fish & Wildlife Serv., No. 11–11915.
...critical habitat for species listed before the 1978 amendments is committed to agency discretion by law.A.1. Plaintiffs point to 50 C.F.R. § 424.14(d), which provides in pertinent part, “Upon receiving a petition to designate critical habitat ..., the Secretary shall promptly conduct a revi......
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American Stewards of Liberty v. Department of the Interior, CAUSE NO. 1:15-CV-1174-LY
...of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted." 50 C.F.R. § 424.14(b)(1) (2014).The Service must evaluate a petition for a "detailed narrative justification" for the requested delisting and a descripti......
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Fund for Animals v. Babbitt, No. 94-1021
...of the Interior permit any "interested person" to petition the Secretary requesting designation of critical habitat. 50 C.F.R. § 424.14(a); 43 C.F.R. § 14.2. Neither the ESA nor the regulations prescribe a procedure for such petitions. Rather, they are considered under the provisi......
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56 cases
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CONSERVANCY of Sw. Fla. v. UNITED States FISH, Case No. 2:10-cv-106-FtM-SPC
...comply with certain non-discretionary duties under the ESA. Specifically, Count IV alleges that the Secretary failed to comply with 50 C.F.R. § 424.14(d), which in turn required compliance with 50 C.F.R. § 424.12(b); the procedures set forth in 16 U.S.C. §§ 1533(b)(3)(D)(i),(ii); and the pr......
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Conservancy of Southwest Florida v. U.S. Fish & Wildlife Serv., No. 11–11915.
...critical habitat for species listed before the 1978 amendments is committed to agency discretion by law.A.1. Plaintiffs point to 50 C.F.R. § 424.14(d), which provides in pertinent part, “Upon receiving a petition to designate critical habitat ..., the Secretary shall promptly conduct a revi......
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American Stewards of Liberty v. Department of the Interior, CAUSE NO. 1:15-CV-1174-LY
...of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted." 50 C.F.R. § 424.14(b)(1) (2014).The Service must evaluate a petition for a "detailed narrative justification" for the requested delisting and a descripti......
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Fund for Animals v. Babbitt, No. 94-1021
...of the Interior permit any "interested person" to petition the Secretary requesting designation of critical habitat. 50 C.F.R. § 424.14(a); 43 C.F.R. § 14.2. Neither the ESA nor the regulations prescribe a procedure for such petitions. Rather, they are considered under the provisi......
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7 firm's commentaries
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Petition Filed to List Western Ridged Mussel as an Endangered Species
...as an endangered species under the Endangered Species Act, 16 U.S.C. § 1531 et seq. The petition was filed under 5 U.S.C. 553(e) and 50 CFR 424.14(a), which grants interested parties the right to petition for issue of a rule from the Secretary of the Interior. The petition sets in motion a ......
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Ninth Circuit Strikes Down ESA 30-Day Listing Petition Rule
...Species Act (ESA). See Friends of Animals v. Haaland, Case No. 20-35318 (9th Cir. May 17, 2021); 50 C.F.R. § 424.14(b). In reaching its decision, the Ninth Circuit reviewed the Service’s rulemaking under a two-step framework established by the Supreme Court in the landmark case Chevron U. S......
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U.S. Fish and Wildlife Service and National Marine Fisheries Service Revise Endangered Species Act Petition Process
...and enhance the efficiency and effectiveness of the petition process to support species conservation. The final rule, which revises 50 CFR 424.14, also clarifies the procedures by which the Agencies will evaluate petitions under section 4(b)(3) of the ESA, which establishes deadlines and st......
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Wildlife Agencies Propose Regulatory Changes to Species-Listing Process Under Endangered Species Act
...days of public notice and comment will commence upon their publication in the Federal Register, would amend the governing regulations at 50 CFR 424.14 in two key First, petitioners (often environmental groups) would need to solicit information from state wildlife agencies in each state wher......
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2 books & journal articles
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Criteria and Procedures for Species Listings
...Forest Guardians v. Babbitt, 174 F.3d 1178, 29 ELR 20351 (10th Cir. 1999). 167. 16 U.S.C. §1533(B)(3)(A), ELR Stat. ESA §4(B)(3)(A); 50 C.F.R. §424.14(a). Additionally, an interested person may request the designation or revision of a critical habitat. See 50 C.F.R. §424.10. Criteria and Pr......
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Critical Habitat Designation
...applies to that action. 25 were delayed. . . . delay in habitat designation should never be used to delay the listing.” 16. 50 C.F.R. §424.14(d) provides: Upon receiving a petition to designate critical habitat or to adopt a special rule to provide for the conservation of a species, the Sec......