Laserfiche WebLink
<br />_... • <br />1D: • <br />PACE 13/30 <br />Preble's meadow jumping mouse at Rocky Plats, DOE has unlawfully <br />withheld compliance with section 7(a)(1) of the ESA, 16 U.S.C. § <br />1536(a)(1), within the meaning of the Administrative Procedure <br />Act_ 5 II.S.C. § 706(1). <br />F9URTH CLAIM FOR RELI$F <br />(Violation of 16 U.S.C. § 1536(a)(2Z (ESA) - Against DOE) <br />45. Each and every allegation set forth in the Second <br />Amended Complaint is incorporated by reference. <br />46. Under section 7(a)(2) of the ESA, each federal agency <br />'shall in consultation with and with the assistance of the <br />Secretary (of the Interior) insure that any action authorized, <br />funded, or carried out by such agency is not likely to jeopardize <br />the continued existence of any endangered species or result in <br />the destruction or adverse modification of habitat of such <br />species which is determined to be critical." 16 a.S.C, y <br />1536(a)(2). To facilitate the consultation process, an °action <br />agencY^ must prepare a "biological assessment' to identify <br />proposed or listed species or designated or proposed critical <br />habitat in the area, and evaluate the potential effects of the <br />proposed action. 50 CFR §§ 402.02, 402.12. The action agency is <br />required to °use the best scientific and commercial data <br />available" during the consultation process. 16 U.S.C. § <br />15361a)(2); 50 CFR 5 402.14(d). <br />47. While consulting, the action agency °shall not make any <br />irreversible or irretrievable commitment of resources with <br />respect to the agency action which has the effect of foreclosing <br />Somnd A mrndr~ Complaint <br />13 <br />