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Field Observations:

The Section 7 Training Blog

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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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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.
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