Representative Matters

  • Advising wind energy companies in obtaining incidental take permits under the ESA and BGEPA.
  • Advising developers of a Federal Energy Regulatory Commission-jurisdictional pipeline on ESA Section 7 consultations and migratory bird habitat migration issues.
  • Advising stakeholders in the development of one of the first general conservation plans.
  • Successfully challenging FWS listing decisions.
  • Counseling private and public developers in the development of multi-species, multi-state habitat conservation plans (HCPs) (including the third-largest HCP in ESA history) and project-specific HCPs to obtain incidental take permits.
  • Developing species take avoidance measures that allow for project development without the need for incidental take permits.
  • Assisting clients in numerous industries with streamlined strategies for navigating the ESA Section 7 consultation process.
  • Advising competing industries on cooperative strategies for addressing species with candidate conservation agreements and safe harbor agreements.
  • Preparing multi-industry coalition comments opposing the proposed ESA rules on critical habitat designation and adverse modification.
  • Representing an international cell tower company in a criminal investigation involving potential liability under the MBTA and BGEPA relating to the deaths of two bald eagles with a nest on a cell tower.
  • Advising a major petroleum company with respect to potential ESA and MBTA liability relating to birds landing in uncovered settling ponds.
  • Successfully defending a company alleged to have violated MBTA in its management of a construction work site and helping the company avoid federal contracting penalties.
  • Negotiating mitigation agreements for renewable energy companies to implement incidental take permits.
  • Negotiating programmatic biological opinions and programmatic consultation agreements covering activities subject to regulation under the Clean Water Act.