Law360, New York (July 03, 2012, 5:47 PM ET) -- The U.S. Court of Appeals for the Ninth Circuit issued an en banc decision on June 1, 2012, holding that the U.S. Forest Service must engage in Endangered Species Act (ESA) section 7 consultation upon receipt of a notice of intent to conduct small-scale recreational mining operations in areas containing critical habitat for listed species.
The decision, which is viewed by many as an expansion of activities subject to ESA section 7 consultation, reversed an earlier panel decision and was issued over a vigorous and colorful...
Expanding The Scope Of ESA Section 7 Requirements
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