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Field Observations:

The Section 7 Training Blog

Legal
The Current Administration’s Broader Approach to Emergency Consultation
Shortly after the energy emergency declaration, a document was released in April 2025 titled “ALTERNATIVE PROCEDURES FOR INFORMAL SECTION 7 CONSULTATION” describing alternative procedures set out by the Acting Director of the Fish and Wildlife Service (Paul Souza)... the idea by the administration is to use these procedures to reduce perceived delays in the consultation timeline.
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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?
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Updates for the New Year
A few key updates and useful links for 2025...
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2024 Reg Changes have been Finalized
Well, the US Fish and Wildlife Service and National Marine Fisheries Service have finalized revisions to the regulations for consulting under Section 7 of the Endangered Species Act (ESA)... ...To make sense of what the Services appear to be saying, I’ve put together a brief decision tree which I believe crudely describes the process outlined in the preambles to the proposed and final rules. I offer it below with a couple of caveats...
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