CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit | 32 Envtl. L. Rep. (Envtl. Law Inst.) 20823, 54 ERC (BNA) 1998, 2002 U.S. App. LEXIS 12475, 2002 WL 1368765
...§ 4332, which are described below. 16 U.S.C. §
1536(c)(1).
According to the implementing regulations, a BA is also required for all federal
actions which constitute a "major construction activity," whether or not a listed
species is suspected in the area. 50 C.F.R. § 402.12(b)(1)....
...permits for construction. 40 C.F.R. § 1508.18(b)(4).
If the BA reveals no potential jeopardy to a listed species, and FWS either
agrees or proposes alternatives which would eliminate any jeopardy it perceives, the
project may proceed. 50 C.F.R. § 402.12(k)(1)....
...the subsequent . . .
environmental assessment need only summarize the issues discussed
in the broader statement and incorporate discussions from the broader
statement by reference . . . .
See also 40 C.F.R. § 1508.28; 50 C.F.R. § 402.12(g); 33 C.F.R....
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
...evaluate the potential effects of its proposed action “on listed and proposed species
and designated and proposed critical habitat and determine whether any such
species or habitat are likely to be adversely affected by the action . . . .” 50 C.F.R.
§ 402.12(a)....
CopyCited 2 times | Published | District Court, M.D. Florida
...sment which evaluates the potential effects of its proposed action on listed and proposed species and designated and proposed critical habitat and determines whether the species or habitat are likely to be adversely affected by the action. 50 C.F.R. § 402.12 (a)....
...On June 14, 2010, NPS completed its draft Biological Evaluation (“BE”), see AR 7597-7614, which — along with a draft version of the GMP — NPS submitted to FWS on August 10, 2010 to serve as its Biological Assessment. A.R. 7896; see also 50 C.F.R. § 402.12 (a) (describing purpose of a biological assessment)....
...d, and no further action is necessary. 50 C.F.R. § 402.13 (a). Thus, formal consultation in this case was not triggered as “a federal agency need not initiate formal consultation if, as a result of the preparation of a biological assessment under § 402.12 or as a result of informal consultation with the Service under § 402.13, the Federal agency determines, with the written concurrence of the Director, that the proposed action is not likely to adversely affect any listed species or critical habitat.” 50 C.F.R....
CopyCited 1 times | Published | District Court, M.D. Florida | 47 Envtl. L. Rep. (Envtl. Law Inst.) 20065, 2017 WL 1438238, 2017 U.S. Dist. LEXIS 61428
...here) which evaluates the potential effects of its proposed action on listed and proposed species and designated and proposed critical habitat and determines whether the species or habitat are likely to be adversely affected by the action. 50 C.F.R, § 402.12(a)....
...AR 176975-80. The Court finds no violation of the APA or the ESA. (2) Direct and Indirect Impacts to Listed Species Plaintiffs next argue that the BA failed to fully “evaluate the potential effects of the action on listed and proposed species,” 50 C.F.R. § 402.12 (a), including all “direct and indirect effects,” id....
