50 C.F.R. § 402.16

Reinitiation of consultation

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(a) Reinitiation of consultation is required and shall be requested by the Federal agency, where discretionary Federal involvement or control over the action has been retained or is authorized by law and:

(1) If the amount or extent of taking specified in the incidental take statement is exceeded;

(2) If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered;

(3) If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion or written concurrence; or

(4) If a new species is listed or critical habitat designated that may be affected by the identified action.

(b) An agency shall not be required to reinitiate consultation after the approval of a land management plan prepared pursuant to 43 U.S.C. 1712 or 16 U.S.C. 1604 upon listing of a new species or designation of new critical habitat if the land management plan has been adopted by the agency as of the date of listing or designation, provided that any authorized actions that may affect the newly listed species or designated critical habitat will be addressed through a separate action-specific consultation. This exception to reinitiation of consultation shall not apply to those land management plans prepared pursuant to 16 U.S.C. 1604 if:

(1) Fifteen years have passed since the date the agency adopted the land management plan prepared pursuant to 16 U.S.C. 1604; and

(2) Five years have passed since the enactment of Public Law 115-141 [March 23, 2018] or the date of the listing of a species or the designation of critical habitat, whichever is later.

[51 FR 19957, June 3, 1986, as amended at 84 FR 45017, Aug. 27, 2019; 89 FR 24298, Apr. 5, 2024]
Notes of Decisions
Cited in 184 cases (44 in the last 5 years), 1987–2026 · leading case: Hoopa Valley Tribe v. Nat'l Marine Fisheries Serv., 230 F. Supp. 3d 1106 (N.D. Cal. 2017).
Hoopa Valley Tribe v. Nat'l Marine Fisheries Serv., 230 F. Supp. 3d 1106 (N.D. Cal. 2017). · cites it 11× “In both cases plaintiffs have moved for summary judgment on their first claim against the federal defendants, asserting that the defendants violated 50 C.F.R 402.16, an implementing regulation of the Endangered Species Act (“ESA”), by failing to reinitiate formal consultation…”
Forest Guardians v. Mike Johanns, Sec'y of Agric. United States Forest Serv., 450 F.3d 455 (9th Cir. 2006). · cites it 6× “The district court nevertheless found that inadequate monitoring by itself could not trigger re-consultation under 50 C.F.R. § 402.16 without a showing that “noncompliance has modified the agency action to an extent that causes an affect [sic] not previously considered.”
Rio Grande Silvery Minnow v. Bureau of Reclamation, 601 F.3d 1096 (10th Cir. 2010). · cites it 4× “14 , and reinitiation of formal consultation, 50 C.F.R. § 402.16 , [13] demonstrate, the duty to consult is not itself an ongoing agency action subject to challenge.”
Ctr. for Biological Diversity v. Env't Prot. Agency, 65 F. Supp. 3d 742 (N.D. Cal. 2014). · cites it 25× “50 C.F.R. § 402.16 . The ESA contains a citizen suit provision which authorizes any person to “commence a civil suit on his own behalf .”
Yurok Tribe v. United States Bureau of Reclamation, 231 F. Supp. 3d 450 (N.D. Cal. 2017). · cites it 11× “In both cases plaintiffs have moved for summary judgment on their first claim against the federal defendants, asserting that the defendants violated 50 C.F.R 402.16, an implementing regulation of the Endangered Species Act (“ESA”), by failing to reinitiate formal consultation…”
Cottonwood Env't Law Ctr. v. United States Forest Serv., 789 F.3d 1075 (9th Cir. 2015). · cites it 5× “The Forest Service remains “involve[d]” in the Forest Plans, 50 C.F.R. § 402.16 , because, as SUWA itself explained, agencies make additional decisions after approval that implement land 26 COTTONWOOD ENVTL.”
Wild Fish Conservancy v. Salazar, 628 F.3d 513 (9th Cir. 2010). · cites it 6× “" 50 C.F.R. § 402.16 (b), (c); see Conner, 848 F.”
Conservation Cong. v. Nancy Finley, 774 F.3d 611 (9th Cir. 2014). · cites it 6× “A The district court properly concluded that the Forest Service did not violate the consultation requirements of 50 C.F.R. § 402.16 . That regulation requires a federal agency to reinitiate consultation on a proposed action “[i]f new information reveals effects of the action…”
Nat. Resources Def. Council v. Norton, 236 F. Supp. 3d 1198 (E.D. Cal. 2017). · cites it 14× “” 50 C.F.R. § 402.16 . Section 9, prohibits, among other actions, the “take” of any listed animal species by any “person subject to the jurisdiction of the United States.”
Ctr. for Native Ecosystems v. Cables, 509 F.3d 1310 (10th Cir. 2007). · cites it 6× “See 50 C.F.R. § 402.16 (defining circumstances in which reinitiation of consultation is required).”
Salix v. United States Forest Serv., 944 F. Supp. 2d 984 (D. Mont. 2013). · cites it 7× “at 2), and it identifies the specific regulatory provisions alleged to have been violated, 50 C.F.R. § 402.16 (b) and (d): (b) If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously…”
Ctr. for Biological Diversity v. United States Bureau of Land Mgmt., 698 F.3d 1101 (9th Cir. 2012). · cites it 3× “” 50 C.F.R. § 402.16 (c); see also Defenders of Wildlife v.”
— 50 C.F.R. § 402.16(a) — 1 case
Ctr. for Marine Conservation v. Brown, 917 F. Supp. 1128 (S.D. Tex. 1996).
— 50 C.F.R. § 402.16(a)(2) — 1 case
— 50 C.F.R. § 402.16(b) — 2 cases
Oro Vaca, Inc. v. Norton, 55 F. App'x 433 (9th Cir. 2003).
— 50 C.F.R. § 402.16(d) — 1 case
Sierra Club v. United States Dep't of Energy, 255 F. Supp. 2d 1177 (D. Colo. 2002).
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.