Endangered Species
Endangered Species practice requires that we address issues on behalf of our clients that include:
- Coordinating and facilitating the preparation of Habitat Conservation Plans
- Coordinating and facilitation of potential take evaluations
- Negotiation and facilitation of the preparation of Safe Harbor Agreements
- Negotiation and facilitation of the preparation of Candidate Conservation Agreements with Assurances
- Coordinating and facilitating the establishment of Conservation Banks
- Defense of administrative and civil actions related to endangered species issued or instituted by state or federal administrative agencies
Endangered Species matters in which the firm has or attorneys with the firm have been involved include the following:
- Conducted critical wildlife habitat evaluations in a 3.2 million acre BLM district
- Identified and mapped special habitat features for threatened and endangered wildlife in a 3.2 million acre BLM district
- Conducted tidal flow studies in a major coastal river system
- Performed wetlands delineations
When Congress enacted the Endangered Species Act (ESA) in 1973, it stated that our rich natural heritage is of “esthetic, ecological, educational, recreational, and scientific value to our Nation and its people.” Congress further expressed concern that many of our nation’s native plant and animal species were in danger of becoming extinct.
The purpose of the ESA is to protect and recover threatened and endangered species and the habitats upon which they depend. The ESA is administered by the Interior Department’s U.S. Fish and Wildlife Service (FWS) as well as the Commerce Department’s National Marine Fisheries Service (NMFS). The FWS has primary responsibility for terrestrial and freshwater organisms, while the NMFS is mainly responsible for marine wildlife.
Under the ESA, species may be listed as either "endangered" or "threatened." Endangered means a species is in danger of extinction throughout all or a significant portion of its habitat range. Threatened means a species will likely become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as either endangered or threatened. In the ESA, Congress defined species to include subspecies, varieties, and, for vertebrates, distinct population segments or pools.
ESA Section 4 requires species to be listed as endangered or threatened on the basis of their biological status and threats to their existence. The FWS considers five factors When evaluating a species for listing: 1) damage to or destruction of a species’ habitat; 2) overutilization of the species for recreational, commercial, scientific, or educational purposes; 3) disease or predation on the species; 4) adequacy or inadequacy of existing protection; and 5) any other natural or manmade factors that might affect the continued existence of the species.
ESA Section 7 requires Federal agencies to use their legal authorities to promote the species conservation purposes of the ESA and to consult with the FWS and NMFS, as appropriate, to ensure that effects of actions these Federal agencies authorize, fund, or carry out will not jeopardize the continued existence and viability of listed species.
ESA Section 10 provides relief to landowners including private citizens, companies, Tribes, States, and counties who want to develop property that is inhabited by listed species. Landowners, under certain circumstances, can receive a permit to take such species in a manner that is incidental to otherwise legal activities, provided they have developed an approved habitat conservation plan (HCP).