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The Section 7 Training Blog

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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...
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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.
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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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Emergency Consultation
Practitioners often have questions about emergency consultations because they usually occur under somewhat chaotic circumstances and don't follow the normal process that non-emergency consultations do... so I've boiled down emergency consultations to a couple of key thoughts...
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