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62 PACE ENVIRONMENTAL LAW REVIEW [Vol. 11 1993] pro val of the lower court's analytic frank ... and wrote that: "[g]iven the conceded 'incomplete informa.tion' on which the biological opinion is based, and the government's declared intention to prepare a new opinion. . . we reach no conclusion as to whether the section 1536(a) 'consultation' process is ongoing."135 North Slope's analytical framework makes it clear that FWS violated section 7(a)(2) during the period in which it was preparing the Flaming Gorge biological opinion. FWS's biological opinions for Flaming Gorge and the four CUP projects issued in the early 1980s are certainly based on in- complete information, which should preclude any action by BR which would violate section 7(d) or be reasonably likely to violate section 7(a)(2). Contrary to the situation in North Slope, in which NMFS had concluded that Interior's lease sales were unlikely to jeopardize endangered whales, FWS is- sued jeopardy opinions over a decade ago on all three existing projects which rely on Flaming Gorge as an RPA. As the North Slope district court held, a jeopardy opinion is conclu- sive evidence that an agency's actions are likely to violate sec- tion 7(a)(2). Given. that jeopardy opinions have already issued for the three projects, the operation of Flaming Gorge Dam, Strawberry Aqueduct, and the Jensen Unit without an RP A in place was a Clear violation of section 7(a)(2)'s substan- tive prohibitiOl\s against jeopardizing the survival of endan- gered species. FWS is also in violation of section 7(d). Again, section 7(d)'s ban on "irreversible" or "irretrievable" commitments of resources applies until a complete biological opinion is in place. Flaming Gorge reoperation is to serve as the RPA for all three projects, but has yet to be fully implemented. In- deed, "normal operation" - the very operation which led to FWS's jeopardy finding - continued until 1984. Neverthe- less, BR went ahead with construction of Strawberry Aqueduct and the Jensen Unit, and has placed them in opera- tion, even though the RPA for the project has yet to be imple- mented.136 is the arch section 7(d Furthe sources" rf Water is a: the Colora( continued] decade sinl released th bly" comm gered fish. had "thee: RP A, since release of 1 BR-ha: and/or ope: ing Gorge) ;ii 136. Since creased flows operation. Th releases are 1 endangered fi draft biologicl Strawberry A that water frc the confluenc. Draft Biologic [hereinafter F ently has tak, 137. See N. (BNA) 1156, : 138. The p jan, CIV-S-92 ment (discusE 139. The 1 sources for th Supp. at 356, a study desig North Slope, ] at issue in th; not likely to j 7(aX2). Id. P project is like 135. Id. at 611, n.143.