Excerpt:

Earthrise Law Center (Earthrise), on behalf of Jones River Watershed Association (JRWA) hereby requests that the National Marine Fisheries Service (NMFS) and the Nuclear Regulatory Commission (NRC) reinitiate consultation under Section 7 of the Endangered Species Act, 16 USC § 1536, related to the licensing and operation of the Pilgrim Nuclear Power Station (PNPS) in Plymouth, Massachusetts. By letter dated May 17, 2012 (NMFS Concurrence), NMFS concluded informal consultation with the NRC regarding the relicensing of PNPS with a “not likely to adversely affect” finding for all species under NMFS jurisdiction, including North Atlantic right whales (Eubalaena glacialis). NMFS Concurrence at 30. For the reasons explained below, that consultation must be reinitiated based on new information revealing “effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered.” 50 C.F.R. § 402.16; see also Sierra Club v. Marsh, 816 F.2d 1376, 1388 (9th Cir. 1987). Specifically, the occurrence, in January 2013, of a mother right whale and her calf within the PNPS action area triggers the requirement to reinitiate ESA Section 7 consultation.

Exhibit 1:

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Exhibit 2:

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