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Expert Analysis

Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

Law360, New York (May 12, 2014, 2:02 PM EDT) -- Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or carries out an action that may affect a listed species or its designated critical habitat to consult with the applicable federal wildlife agency regarding the effects of the action on the relevant species and critical habitat. In a unanimous decision, the court held that the U.S. Bureau of Reclamation's decision to renew long-term contracts to provide water to nonfederal parties triggers the duty to consult....

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