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IOP Cape Sable Seaside Sparrow Incidental Take Trigger Again Rejected

On remand from the 11th Circuit (in Moore Case 2), the Corps and FWS continue to use habitat triggers to define the triggers that would require reinitiation of consultation to assess the effects of an action on the endangered and threatened species at issue.  Judge Moore rules that the Corps’ approach is acceptable for the Everglade Snail Kite and the Wood Stork, but not for the Cape Sable Seaside Sparrow, requiring the triggers to again be reconsidered for that species.

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