Thursday, September 15, 2005

Hurricane Katrina and the ESA

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The Endangered Species Act has actually helped response to Hurricane Katrina.  Some might think that the ESA would get in the way because section 7 requires consultation with FWS/NMFS prior to federal actions affecting endangered or threatened species.  But, the FWS consultation regulations provide for formal consultation only after an emergency situation is stabilized.  50 CFR 402.05.  The FWS law enforcement personnel have been involved in search and rescue operations and FWS Ecological Services personnel have been involved in identifying hazardous releases. 

http://lawprofessors.typepad.com/environmental_law/2005/09/hurricane_katri_2.html

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