Natural Resources Defense Coun v. Kenneth Salazar

OPINION

M. SMITH, Circuit Judge:

In this appeal, we address the requirement under Section 7(a)(2) of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (Service) prior to taking any agency action that could affect an endangered or threatened species or its critical habitat. We reaffirm that Section 7(a)(2) requires such consultation, so long as the agency has “some discretion” to take action for the benefit…