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Field Observations:

The Section 7 Training Blog

Latest Posts

Hello and thanks for taking a look at our latest posts. Though the blog is still in its early stages and the number of posts is small right now, it will certainly grow over time as new events and topics of interest present themselves within the Section 7 universe. We hope you find this first sampling informative and that you will continue to check back from time to time to see what's new.

Programmatic Consultations
Though the development and use of programmatic consultations has been part of the consultation practice for at least 35 years, guidance on how to approach these programmatic consultations has been minimal. This has resulted in many non-standard approaches to construction and to naming conventions for programmatics - creating a good deal of confusion over the subject.... For all these reasons, I am building a course dedicated to clearing some of the confusion around these programmatic approaches and describing a process that action agencies and the Services can use to make them more likely to succeed.

Update on 2019 Regulations plus a Handy Reference Table of Important Section 7 Court Cases
As mentioned in my September 27, 2022 blog, the Ninth Circuit granted a request to stay the U.S. District Court of Northern California's July 5, 2022 order. (That July order had vacated the 2019 revisions to the consultation regulations.) So the Ninth Circuit’s stay meant we were back to using the regulations as revised in 2019. The stay also put the ball back in the Northern California’s court for the next move. Well, that move came on November 16, 2022...

7(d) and Irreversible or Irretrievable Commitment of Resources During Section 7 Consultation
The purpose of section 7(d) is to preserve options in case the consultation eventually concludes that the proposed project is likely to jeopardize a listed species or is likely to result in the destruction or adverse modification of designated critical habitat.

New Ruling on 2019 Regs
If you’ve been following the saga of the 2019 revisions to the consultation regs at 50 CFR 402 you will remember that in my July 6 blog entry, I commented on a (then) recent court ruling regarding the 2019 regulation revisions. Well, there has been more activity in that case...

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