Installed plugins that might matter are: HTML5, SublimeCodeIntel, ZenCoding.
- Code: Select all
Second, the court determined that “the decision whether to approve a NOI is a discretionary determination through which the agency can influence private mining activities to benefit listed species.” (Karuk Tribe at *15.) The court noted that “the Forest Service can exercise its discretion to benefit a listed species by approving or disapproving NOIs based on whether the proposed mining activities satisfy particular habitat protection criteria. The agency can reject a NOI and require that the prospective miner instead submit a Plan of Operations, under which the Forest Service can impose additional habitat protection conditions.” Thus the court was able to continue to skirt the issue of whether the Forest Service can forbid mining altogether by refusing to approve plans of operations, as we discuss in Note 3, casebook p. 606.