43 U.S.C. § 2242
Authority of Secretary
The Secretary is authorized to perform any and all acts and to promulgate such regulations as may be necessary and appropriate for the purpose of implementing this chapter. In carrying out the authorities under this chapter, the Secretary shall give specific consideration to the needs of fish and wildlife, together with other project purposes, and shall consider temporary operational changes which will mitigate, or can be expected to have an effect in mitigating, fish and wildlife losses and damages resulting from drought conditions, consistent with the Secretary’s other obligations.
Notes of Decisions
Cited in 1
case, 2003–2003 · leading case: Rio Grande Silvery Minnow v. Keys
Rio Grande Silvery Minnow v. Keys (2003)
“Although the Secretary is authorized to consider temporary operational changes to mitigate fish and wildlife losses, the Secretary must act in a manner “consistent with the Secretary’s other obligations” 43 U.S.C. § 2242 , which surely includes honoring contractual obligations.”
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