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The Section 7 Training Blog

Announcements

Services Propose to Rescind the Regulatory Definition of Harm

the Fish and Wildlife Service and National Marine Fisheries Service (together, Services) propose to remove the regulatory definition of harm from the implementing regulations for the Endangered Species Act (Act) (FR/Vol. 90, No. 73/Thursday, April 17, 2025).So, what might this mean for practitioners of Section 7 consultation under 7(a)(2) of the Act?

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.

Court Order Vacates the 2019 Revisions to the 402 Regs for Interagency Consultation

Shortly after the revisions to the 402 regulations were finalized in 2019, the Department of Interior was sued over those changes. On Tuesday July 5, 2022 the Northern District Court issued an order regarding that suit. The order remands those 2019 revisions back to the Department of Interior for reconsideration and, more importantly to practitioners, vacated the 2019 revisions. The order was effective immediately.

Revision of Habitat Definition for Designation of Critical Habitat

On Friday June 24, 2022, the Service published a final rule in the Federal Register (Fed. Reg. Vol. 87, No. 121, pp. 37757 – 37771). That rule removed the definition of “habitat’ from the regulations pertaining to the designation of critical habitat (50 CFR 424.02)...

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