Thursday, April 17, 2014

NRDC v. Jewell

<> NRDC v. Jewell - 4/16/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 09-17661 involving multiple parties. The en banc decision addresses the Endangered Species Act (ESA) requirement that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (Service) prior to taking any agency action that could affect an endangered or threatened species or its critical habitat. The Panel says: "We reaffirm that Section 7(a)(2) requires such consultation, so long as the agency has 'some discretion' to take action for the benefit of a protected species." Reverse and remand.