CopyCited 36 times | Published | Court of Appeals for the Eleventh Circuit | 43 Envtl. L. Rep. (Envtl. Law Inst.) 20227, 2013 WL 5434774, 77 ERC (BNA) 1201, 2013 U.S. App. LEXIS 20029
...avy’s final EIS
and biological assessment rather than in the biological opinion itself. The NMFS was a
cooperating agency in preparing the Navy’s EIS, and the ESA regulations envision agency
coordination on ESA and NEPA compliance. 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)....
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