On May 27, 2015, the U.S. Court of Appeals for the Ninth Circuit provided some additional guidance as to what constitutes agency action for purposes of triggering the consultation requirement under the Endangered Species Act (ESA). The court held that although the U.S. Bureau of Land Management (BLM) was required to consult with the U.S. Fish and Wildlife Service (FWS) on the effects of a proposed road project on BLM land, BLM was not required to consult on the effects of a proposed wind project that would be accessed via the federal road project. Sierra Club v. BLM, Case No. 13-15383 ...
Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.
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