Court Resets Key ESA Section 7 Consultation Standards

Short summary

A Northern District of California decision vacated four ESA Section 7 consultation provisions, restoring earlier regulatory text for definitions of 'effects of the action,' mitigation measures, 'destruction or adverse modification,' and reinitiation duties. The court rejected challenges to Section 4 provisions and NEPA claims. FWS has resumed consultations applying a framework largely consistent with its pre-order practice.

• •Court vacated four ESA Section 7 consultation provisions and reinstated earlier regulatory text
• •Key changes affect definitions of 'effects of the action,' mitigation, 'adverse modification,' and reinitiation duty
• •FWS has resumed consultations under a framework largely consistent with pre-order practice

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