Our experience with endangered species and wildlife protection includes:
- Defending a biomedical company against ESA Section 9 citizen suits alleging unauthorized take of threatened and endangered species from the production of medical products.
- Representing the developers of interstate pipelines as intervenors in litigation under ESA Section 7 challenging the projects’ federal permits and authorizations.
- Advising wind energy companies in obtaining incidental take permits under the ESA and Bald Golden Eagle Protection Act (BGEPA).
- Advising developers of a Federal Energy Regulatory Commission-jurisdictional pipeline on ESA Section 7 consultations and migratory bird habitat mitigation issues.
- Advising stakeholders in the development of one of the first-ever general conservation plans under Section 10 of the ESA.
- Successfully challenging U.S. Fish & Wildlife Service (FWS) listing decisions under Section 4 of the ESA.
- Counseling private and public developers in the development of multi-species, multi-state habitat conservation plans (including the third largest HCP in the history of the ESA), and project-specific HCPs to obtain incidental take permits.
- Developing species take avoidance measures that allow for project development without the need for ESA incidental take permits.
- Assisting clients in numerous industries with streamlined strategies for navigating the Section ESA 7 consultation process.
- Advising competing industries on cooperative strategies for
- addressing species with candidate conservation agreements
- and safe harbor agreements under Section 10 of the ESA.
- Preparing multi-industry coalition comments opposing the proposed ESA Section 4 critical habitat designation rule and the proposed ESA Section 7 “adverse modification” rule.
- Representing an international cell tower company in a criminal investigation, involving potential liability under the Migratory Bird Treaty Act (MBTA) and the BGEPA, relating to deaths of two bald eagles that had 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 the 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 ESA Section 10 incidental take permits.
- Negotiating programmatic biological opinions and programmatic consultation agreements under ESA Section 7 covering activities subject to regulation under the Clean Water Act.