Endangered Species

Endangered and special status species issues often arise in conjunction with private development projects, public infrastructure projects, and other real estate matters, such as preparation of conservation easements.  Kaplan Kirsch & Rockwell represents numerous clients in connection with these complex issues.  Our attorneys have counseled clients, advocated on their behalf to federal and state agencies, and litigated when necessary to challenge adverse agency decisions.

We have extensive experience working with the federal agencies responsible for implementing the statutory schemes, including the United States Fish and Wildlife Service, the United States Army Corps of Engineers, the Environmental Protection Agency, the Bureau of Land Management, and their state counterparts.

Representative Projects

  • Assisted airports seeking approvals for new construction or runway expansion within constraints imposed by endangered or special status species.
  • Counseled and litigated on behalf of a municipality opposing a new highway project that would have destroyed critical habitat for a listed species.
  • Counseled a county regarding implementation and amendment of a Multi-Species Habitat Conservation Plan.
  • Counseled developers and project proponents on compliance with the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) and negotiated MBTA/BGEPA protocols with the U.S. Fish and Wildlife Service.
  • Negotiated with federal agencies on behalf of a client to oppose designation of expanded habitat protections in already degraded areas needed for critical public infrastructure development.
  • Worked with clients to design conservation easements to provide adequate protection for endangered or special status species.
  • Represented a client in negotiations for, and subsequent litigation over, a federal land use permit requiring mitigation measures for impacts on protected wildlife and plant species.
  • Represented a special trust established to protect the endangered whooping crane in administrative litigation and original jurisdiction litigation before the Supreme Court to protect river flows for critical habitat.

News & Publications


Migratory Bird Treaty Act: Where Are We Now?
Rocky Mountain Mineral Law Foundation