Tag Archives: Section 7

Ninth Circuit Holds that Bureau of Reclamation is Not Required to Consult Annually on Its Operation of Glen Canyon Dam

On August 13, 2012, the United States Court of Appeals for the Ninth Circuit laid to rest litigation that threatened to profoundly affect water and power supplies for 25 million people throughout the arid Southwest. In Grand Canyon Trust v. U.S. Bureau of Reclamation (pdf), the Ninth Circuit held that the U.S. Bureau of Reclamation (Reclamation) is not required to consult … Continue Reading

FEMA Settles Citizen Suit; Agrees to Consult on Floodplain Program’s Impacts on Listed Fish in the Delta

On March 8, 2012, the U.S. District Court for the Eastern District of California entered judgment in Coalition for a Sustainable Delta and Kern County Water Agency v. Federal Emergency Management Agency, et al., No 1:09-cv-02024 (E.D. Cal.) based on a settlement agreement in which FEMA agreed to request consultation with the National Marine Fisheries … Continue Reading

FEMA’s Administration of the National Flood Insurance Program Not Exempt from Section 7 Consultation

On August 19, 2011, the U.S. District Court for the Eastern District of California denied in part and granted in part FEMA’s motion for partial summary judgment (PDF) in the latest in a series of lawsuits filed against FEMA for failing to consult under Section 7 of the Endangered Species Act (ESA) regarding the impacts of … Continue Reading

Ninth Circuit Holds that Forest Service “Approval” of a Notice of Intent to Conduct Suction Dredge Gold Mining Does Not Trigger a Duty to Consult

On April 7, 2011, the U.S. Court of Appeals for the Ninth Circuit held that a United States Forest Service (USFS) District Ranger’s decision that proposed recreational suction dredge mining in the Klamath National Forest may proceed according to the miners’ Notices of Intent (NOIs) without a Plan of Operations is not an "agency action," and therefore … Continue Reading

Federal District Court Issues Key Findings and Conclusions in Bay-Delta Salmon Case

On May 18, 2010, the United States District Court for the Eastern District of California issued findings of fact and conclusions of law (PDF) regarding Plaintiffs’ request for a preliminary injunction in The Consolidated Salmonid Cases, No. 09-1053 (E.D. Cal. May 18, 2010).  The matter consists of seven consolidated actions that all challenge the June … Continue Reading

Fifth Circuit Rejects Claim that Failure to Analyze Potential Future Phases of an Action as Interrelated Actions, Cumulative Effects, or Indirect Effects Violates the Endangered Species Act

The Court of Appeals for the Fifth Circuit rejected Endangered Species Act (“ESA”) challenges to the approval of a rail line serving a limestone quarry in Texas. The court upheld the determination by the Surface Transportation Board (“STB”) and the Fish and Wildlife Service (“Service”) to limit the effects analysis in the biological opinion to … Continue Reading

Court Rejects Use of Habitat Surrogate In Everglades Project Biological Opinion

In the latest round of litigation over endangered species impacts of water management in Southern Florida, a district court invalidated an incidental take statement applicable to actions of the Corps of Engineers to restore the Everglades.  The decision in Miccosukee Tribe of Indians of Florida v. United States (PDF), is the latest in a line … Continue Reading
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