ELR Citation: ELR 20144
No(s). s. 05-35178, -35208 (9th Cir. Jul 24, 2006)

The court holds that an agency's duty to consult under §7 of the Endangered Species Act (ESA) arises only for affirmative actions. The phrase "failure to act" is absent from ESA §7(a)(2), which refers to "agency action" as "any action authorized, funded, or carried out by such agency." Thi...