Endangered Species & Wildlife |
Overview
The Endangered Species Act (ESA) is nicknamed the "pitbull of environmental laws.” Its stringent provisions protect species from extinction and seeks to recover their populations. These protections can be significant challenges for developers, landowners, state and local governments, nonprofit groups promoting conservation programs, and any party whose actions could affect a listed species or its habitat.. The ESA is not the only federal law that protects wildlife. Other federal statutes with significant reach include the Marine Mammal Protection Act, the Migratory Bird Treaty Act, the Fishery Conservation and Management Act, the Bald and Golden Eagle Protection Act, various similar state laws, and international treaties.
These laws are tough and rigorously enforced by federal and state agencies. However, they also can be opportunities for creative and effective compliance strategies that reduce regulatory burdens while advancing species conservation. Perkins Coie has extensive experience with these wildlife laws. For example, we:
- obtain authorization for activities that impact species and habitat;
- develop conservation programs for nonprofit organizations, landowners and developers;
- defend lawsuits which challenge resource utilization like mining, oil and gas production, and forest product usage.
- Represent clients in civil and criminal enforcement proceedings.
Our clients include:
- private landowners;
- extractive industry companies;
- real estate developers;
- trade associations;
- governmental entities;
- nonprofit groups; and
- Native American entities.
Some of the areas of representation provided by Perkins Coie under wildlife laws are:
Species and Habitat Designations
A government's decision to list a species or designate habitat triggers these laws. A listing or designation defines the scope of regulatory protection and restrictions. They are based on complex biological determinations, and in some cases can be modified based on cost/benefit economic factors. We work with expert biologists, economists and consultants to ensure accurate decisions that comply with the legal standards.
Habitat Plans and Landowners Agreements
Wildlife laws often provide regulatory incentives to encourage nonfederal parties to participate in conservation efforts. In exchange, the parties can get necessary permit approvals and long-term certainty about the laws' effect on their activities. An extensive body of law and policy guides and defines these provisions. These conservation planning tools range from complex habitat conservation plans covering vast areas of land and numerous species to site-specific “safe harbor” agreements for individual animals. We have helped clients develop all forms of these agreements and plans, in all regions of the country.
Litigation and Enforcement
The ESA and other wildlife laws are among the most frequently litigated environmental laws. We have been involved in all aspects of such litigation, including:
- administrative enforcement actions and appeals;
- state and federal court cases at all levels.
We routinely track fast-developing trends from court cases nation-wide to help our clients ensure their activities and conservation strategies comply with the newest legal principles.
Government Affairs and Policy Representation
The ESA is the perennial subject of congressional and agency reform initiatives. New policy initiatives have constantly reshaped this law and other wildlife law authorities. Perkins Coie's lawyers have decades of experience in representing clients in policy debates intended to make the laws work better.
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