C.F.R. » Title 50 » CHAPTER IV—JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE); ENDANGERED SPECIES COMMITTEE REGULATIONS › SUBCHAPTER A › PART 402—INTERAGENCY COOPERATION—ENDANGERED SPECIES ACT OF 1973, AS AMENDED › Subpart A—General

50 C.F.R. § 402.06

Coordination with other environmental reviews

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Consultation, conference, and biological assessment procedures under section 7 may be consolidated with interagency cooperation procedures required by other statutes, such as the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq., implemented at 40 CFR parts 1500-1508) or the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661 et seq.). Satisfying the requirements of these other statutes, however, does not in itself relieve a Federal agency of its obligations to comply with the procedures set forth in this part or the substantive requirements of section 7. The Service will attempt to provide a coordinated review and analysis of all environmental requirements.

(b) Where the consultation or conference has been consolidated with the interagency cooperation procedures required by other statutes such as NEPA or FWCA, the results should be included in the documents required by those statutes.

Notes of Decisions
Cited in 6 cases, 1997–2020 · leading case: San Luis & Delta-Mendota Water v. Nat. Resources Def. Coun, 747 F.3d 581 (9th Cir. 2014).
Sort: Relevance Newest Treatment
San Luis & Delta-Mendota Water v. Nat. Resources Def. Coun, 747 F.3d 581 (9th Cir. 2014). · cites it 6× “See 50 C.F.R. § 402.06 (“Consultation, conference, and biological assessment procedures under section 7 may be consolidated with interagency cooperation procedures required by other statutes, such as the National Environmental Policy Act (NEPA).”
Defenders of Wildlife v. United States Dep't of the Navy, 733 F.3d 1106 (11th Cir. 2013). “See 50 C.F.R. § 402.06 (providing that consultation, conference, and biological assessment procedures under Section 7 of the ESA may be consolidated with interagency cooperation procedures required by other statutes, such as NEPA).”
Strahan v. Linnon, 967 F. Supp. 581 (D. Mass. 1997). “at 19,938-19,939; 50 C.F.R. § 402.06 . Under these circumstances, it is appropriate to enter an order requiring initiation of NEPA environmental assessment procedures to “compel agency action unlawfully withheld or unreasonably delayed.”
Hawksbill Sea Turtle v. Fed. Emergency Mgmt. Agency, 11 F. Supp. 2d 529 (D.V.I. 1998). “C § 1536(c)(1); 50 C.F.R. § 402.06 . Still, arguments similar to that made by Defendants have been rejected by other courts.”
San Luis & Delta-Mendota Water v. Nat. Resources Def. Coun (9th Cir. 2014). · cites it 3× “See 50 C.F.R. § 402.06 (“Consultation, conference, and biological assessment procedures under section 7 may be consolidated with interagency cooperation procedures required by other statutes, such as the National Environmental Policy Act (NEPA).”
All. for the Wild Rockies v. Marten (D. Mont. 2020). “Although the federal regulations indicates that “[w]here the consultation or conference has been consolidated with the interagency cooperation procedures required by other statutes such as NEPA or FWCA, the results should be included in the documents required by those statutes,”…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.