Final Flashcards
Chapter 12
Which agencies administer the federal ESA?
US Fish and Wildlife Service (FWS) & National Oceanic and Atmospheric Administration (NOAA)
Chapter 12
Which agency administers the Minnesota ESA?
Minnesota Department of Natural Resources (DNR)
Chapter 12
What is the definition of an endangered species under the ESA?
Endangered” means a species is in danger of extinction throughout all or a significant portion of its range.
Chapter 12
What is the definition of an endangered species under Minnesota ESA?
A species is considered endangered if the species is threatened with extinction throughout all or a significant portion of its range within Minnesota.
Chapter 12
What is the definition of a threatened species under the federal ESA?
Threatened” means a species is likely to become endangered within the foreseeable future.
Chapter 12
What is the definition of a threatened species under the Minnesota ESA?
A species is considered threatened if the species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range within Minnesota.
Chapter 12
What is critical habitat for an ESA listed species under the federal ESA?
Critical habitat is the specific areas within the geographic area, occupied by the species at the time it was listed, that contain the physical or biological features that are essential to the conservation of endangered and threatened species and that may need special management or protection.
Chapter 12
What is a take under the federal ESA?
The ESA protects endangered and threatened species and their habitats by prohibiting the “take” of listed animals and the interstate or international trade in listed plants and animals, including their parts and products, except under Federal permit.
Chapter 12
What is a Biological Opinion?
document that states FWS opinion as to whether action is likely to jeopardize continued existence of listed species or result in destruction or adverse modification of critical habitat.
Chapter 12
What is an incidental take permit under the federal ESA?
it is required when a non-federal activity will result in “take” of a listed species, requires HCP (habitat conservation plan)
Chapter 12
What actions are unlawful with respect to species listed on the federal ESA?
The law and rules prohibit taking, purchasing, importing, possessing, transporting, or selling endangered or threatened plant or animal, including their parts or seeds, without a permit.
For animals, taking includes pursuing, capturing, or killing. For plants, taking includes picking, digging, or destroying.
outside of the united states
Chapter 12
What is the God Squad?
The endangered species committee, specified cabinet officials and on individual from each affected state, reviews applications for exemptions.
Chapter 12
What was the holding in Friends of the Wild Swan v. Jewell, Civ. No. 13-61 (D. Mont. 2014)?
Plaintiff granted in the determination that the plan mitigates take of grizzly bears to the maximum extent practical is in violation of the ESA.
Further remanded for the purpose of conducting the analysis required.
the plan will remain in effect while this matter is on remand with the exception of the portion of the plan that abandons secure core grizzly bear habitat in the Stillwater block.
Chapter 12
What are the three categories of species listings under the Minnesota ESA?
Endangered, threatened, and special concern.
Chapter 12
What types of activity are exempt from needing a permit under the Minnesota ESA?
plants on certain agricultural lands and plants destroyed in consequence of certain agricultural practices are exempt; and the accidental, unknowing destruction of designated plants is exempt. Species of special concern are not protected by Minnesota’s Endangered Species Statute
Chapter 12
When must a federal agency consult under the federal ESA?
it is required prior to an action that may affect listed species.
Chapter 8
Does the EPA consider the cost of achieving primary or secondary standards when setting those standards?
.
Chapter 8
What is a nonattainment zone or area?
areas not in compliance with NAAQS (National Ambient Air Quality Standards)
Chapter 8
What is a State Implementation Plan (SIP)? Which agency approves SIPs?
collections of regulations with a goal of reducing each pollutant to below the NAAQS level.
The EPA approves SIPS
Chapter 8
What are Hazardous Air Pollutants (HAPs)?
Hazardous air pollutants, also known as toxic air pollutants or air toxics, are those pollutants that cause or may cause cancer or other serious health effects, such as reproductive effects or birth defects, or adverse environmental and ecological effects. EPA is required to control 187 hazardous air pollutants.
Chapter 8
What are National Emission Standards for Hazardous Air Pollutants (NESHAPs)?
are emissions standards set by the United States Environmental Protection Agency—EPA.
Chapter 8
What are “area sources” of HAPs?
Area” sources are those sources that emit less than 10 tons annually of a single hazardous air pollutant or less than 25 tons annually of a combination of hazardous air pollutants.
Chapter 8
What did the EPA find in its 2009 endangerment finding related to greenhouse gases?
The current and projected concentrations of the six key well-mixed greenhouse gases–carbon dioxide, methane, nitrous oxide, hydroflourocarbons, peroflurocarbons and sulfur hexflouride in the atmotsphere threaten the public health and welfare of current and future generations.
Chapter 8
What are Corporate Average Fuel Economy (CAFÉ) standards?
Make more fuel efficient vehicles to reduce energy used to operate them.
Chapter 8
What are Reasonably Achievable Control Technology (RACT) standards and when would they apply?
Only states define RACT, in their SIPS. A source may not be required to spend more than a predetermined “reasonable” amount to control emissions.
Chapter 8
What are Best Available Control Technology (BACT) standards and when would they apply?
To limit emissions of criteria pollutants and other pollutants; take into account economic, energy, and environmental factors. Case-by-case basis.
Chapter 8
What is the Lowest Achievable Emission Rate (LAER) and when would such a rate apply?
They are the most stringent rules SIP standards. The applicant must show that it is in compliance with regulations at any facilities it is already operating within the state and that the benefits of the proposed project will outweigh the environmental costs.
