Draft Environmental Impact Statement: Edwards Aquifer Recovery Implementation Program, Habitat Conservation Plan, Final Report, Volume 2 Page: 6
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(1) Retain Liability
All Parties shall retain whatever liability they would possess for their
present and future acts or failure to act without existence of this Agreement.
(2) Land Owner Liability
All Parties shall retain whatever liability they possess as an owner of interests in
land.
(3) Responsibility of the United States
Nothing contained in this Agreement is intended to limit the authority of the
United States government to seek civil or criminal penalties or otherwise fulfill
its enforcement responsibilities under the ESA.
b. INJUNCTIVE AND TEMPORARY RELIEF
The Parties acknowledge that injunctive and temporary relief may be appropriate to ensure
compliance with the terms of this Agreement.
12.2 THE PERMIT
a. SEVERABILITY
The Service recognizes that the measures in Chapter 5 of the HCP will be implemented
by different Permittees, each having differing legal authorities and jurisdictions.
Therefore, without limiting in any way its enforcement discretion in any decision
regarding whether to suspend or revoke -the Permit with respect to Permittees otherwise
in compliance, the Service will consider whether any non-compliance by one or less than
all of the Permittees materially affects compliance with relevant Permit issuance criteria.
b. PERMIT SUSPENSION OR REVOCATION
The Permit shall be suspended or revoked only in conformance with the provisions of 50
CFR 13.27 through 13.29 (2011) and 50 CFR Part 17, as those regulations exist as of the
date hereof. In the event that the Permit is revoked with respect to any Permittee, this
Agreement shall immediately terminate as to that Permittee and will be of no further
force and effect as to that Permittee.
12.3 LIMITATIONS AND EXTENT OF ENFORCEABILITY
a. NO SURPRISES RULE
The Service confirms and agrees that the Permit includes full protections under the No
Surprises Rule for all Covered Species and to the greatest extent allowed under 50 CFR
Part 17.
b. PRIVATE PROPERTY RIGHTS AND LEGAL AUTHORITIES UNAFFECTED6
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U.S. Fish and Wildlife Service. Draft Environmental Impact Statement: Edwards Aquifer Recovery Implementation Program, Habitat Conservation Plan, Final Report, Volume 2, report, June 2012; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth654018/m1/8/: accessed June 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.