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Administrative Law Keyed to Cass
United States Fish and Wildlife Service v. Sierra Club, Inc.
Citation:
141 S. Ct. 777 (2021)Facts
In 2011, the Environmental Protection Agency proposed regulations governing cooling water intake structures used by industrial facilities. Because these structures can trap and kill aquatic wildlife, the Endangered Species Act required the EPA to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service. After receiving the EPA’s November 2013 proposed rule, staff members at both Services prepared draft biological opinions in December 2013 concluding that the proposal would likely jeopardize certain protected species and identifying reasonable and prudent alternatives. However, agency decisionmakers at the Services neither approved these drafts nor transmitted them to the EPA, instead determining that more work was needed and extending the consultation period. Following continued discussions, the EPA submitted a significantly revised proposed rule in March 2014, and the Services issued a joint final “no jeopardy” biological opinion, which the EPA adopted that same day.
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