50 CFR 402.16 - Reinitiation of formal consultation

Cite as50 CFR 402.16
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774 practice notes
  • Bald and Golden Eagle Protection Act; Authorization for Take of Eagles
    • United States
    • Federal Register May 20, 2008
    • May 20, 2008
    ...we authorized incidental take of bald eagles through take statements under ESA section 7 and through section 10 incidental take permits (50 CFR 402, Subparts A and B; 50 CFR 17.22(b) and 17.32(b)). Those authorizations were issued with assurances that the Service would exercise enforcement ......
  • 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)
    • May 4, 2010
    ...the biological opinion; or(d) If a new species is listed or critical habitat designated that may be affected by the identified action.50 C.F.R. § 402.16.2. The Plaintiffs' Claims Plaintiffs allege one Section 7 ESA claim in Count I of the lead case, reasoning the Forest Service violated Sec......
  • Heartwood, Inc. v. Agpaoa, Civil Action No. 07-114-KSF.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Eastern District of Kentucky
    • April 27, 2009
    ...implementing regulations outline the consultation process for determining the biological impact of a proposed activity. Id. at § 1536; 50 C.F.R. Part 402. Generally, an agency proposing an action must first determine whether the action "may affect" listed species. 50 C.F.R. § 402.14(a). How......
  • Wild Equity Inst. v. U.S. Envtl. Prot. Agency, Case No. 15-cv-2461-PJH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 20, 2015
    ...in the biological opinion; or(d)...a new species is listed or critical habitat designated that may be affected by the identified action.50 C.F.R. § 402.16.4 Here, Wild Equity's basis for seeking reinitiation of consultation is that “new information reveals effects of the action that may aff......
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195 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)
    • May 4, 2010
    ...the biological opinion; or(d) If a new species is listed or critical habitat designated that may be affected by the identified action.50 C.F.R. § 402.16.2. The Plaintiffs' Claims Plaintiffs allege one Section 7 ESA claim in Count I of the lead case, reasoning the Forest Service violated Sec......
  • Heartwood, Inc. v. Agpaoa, Civil Action No. 07-114-KSF.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Eastern District of Kentucky
    • April 27, 2009
    ...implementing regulations outline the consultation process for determining the biological impact of a proposed activity. Id. at § 1536; 50 C.F.R. Part 402. Generally, an agency proposing an action must first determine whether the action "may affect" listed species. 50 C.F.R. § 402.14(a). How......
  • Wild Equity Inst. v. U.S. Envtl. Prot. Agency, Case No. 15-cv-2461-PJH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 20, 2015
    ...in the biological opinion; or(d)...a new species is listed or critical habitat designated that may be affected by the identified action.50 C.F.R. § 402.16.4 Here, Wild Equity's basis for seeking reinitiation of consultation is that “new information reveals effects of the action that may aff......
  • Natural Resources Defense Council, Inc. v. Evans, No. C-02-3805 EDL.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • October 31, 2002
    ...or extent of taking specified in this incidental take statement ("ITS") is exceeded, reinitiation of formal consultation is required. 50 C.F.R. § 402.16. Plaintiffs argue that defendants are in violation of the ESA because the May 30, 2002 biological opinion and the August 16, 2002 suppleme......
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