National Ass'n of Home Builders v. Defenders of Wildlife, 2007 U.S. LEXIS 8312

National Ass'n of Home Builders v. Defenders of Wildlife, 2007 U.S. LEXIS 8312

The ESA requirement to insure no jeopardy to endangered species did not apply to the EPA's approval of a transfer to a state of water quality permitting authority under the CWA, since the no-jeopardy duty only applied to discretionary actions and approval of the permitting transfer was mandatory once the state met the triggering criteria.
 
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