The argument falls flat when action is taken over an event (listed as endangered) that MIGHT happen. That is not in the scope of the regulations and thus outside their authority.
“The argument falls flat when action is taken over an event (listed as endangered) that MIGHT happen. That is not in the scope of the regulations and thus outside their authority.”
No, it’s spelled out in the regulations. If it’s being considered, it must be treated as if it actually were listed until such time as it is turned down. We had “wilderness study areas” that were being “studied” for decades, waiting for congress to make a decision and we couldn’t do a thing with them.