OPINION
W. FLETCHER, Circuit Judge:
We consider whether the U.S. Forest Service must consult with appropriate federal wildlife agencies under Section 7 of the Endangered Species Act ("ESA") before allowing mining activities to proceed under a Notice of Intent ("NOI") in critical habitat of a listed species. The ESA requires consultation with the Fish and Wildlife Service or the NOAA Fisheries Service for any "agency action" that "may affect" a listed species...
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