Endangered Species & Wildlife Issues

Compliance with Endangered Species Act (ESA) and Wildlife Laws: Counseled project proponents and developers on compliance with federal and state wildlife laws, including the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Advised Clark County, Nevada (Las Vegas) on ESA matters in connection with a multi-billion dollar transportation infrastructure project, including development of a new commercial airport and related rail and road connections.

Enforcing Wildlife Protections: Represented clients to ensure federal and state permitting decisions comply with state and federal wildlife laws. We helped Backcountry Hunters & Anglers, Colorado Trout Unlimited, Colorado Wildlife Federation and the National Wildlife Federation advocate for increased protections for wildlife and high-priority habitat areas from oil and gas development before the Colorado Oil and Gas Conservation Commission. We also represented Keep Routt Wild, a community organization in Steamboat Springs, Colorado, in evaluating and commenting on a new mountain-bike trail network proposed in valuable elk calving areas of the Routt National Forest.

Protecting Endangered and Threatened Species: Our years of experience with federal and state wildlife laws, paired with our deep experience in land use, enable us to arrive at effective solutions that preserve lands critical to endangered and threatened species. For example, we advised clients on implementation and amendment of conservation plans, including Multi-Species Habitat Conservation Plans, and helped clients design conservation easements to provide adequate protection for endangered or special status species.

Litigating Endangered Species Act Issues: Our experience with the ESA and wildlife laws extends into the courtroom, where we have successfully litigated various wildlife issues across the country, including:

The firm defended the Federal Transit Administration’s decision to authorize funding for the Maryland Transit Administration’s Purple Line light rail project against claims under the ESA and the National Environmental Policy Act. Friends of the Capital Crescent Trail v. FTA, 877 F.3da 1051 (D.C. Cir. 2017).

We represented the Town of Superior bringing Endangered Species Act claims against the U.S. Fish and Wildlife Service regarding approval to grant a transportation project right-of-way along the Front Range in Colorado. Town of Superior v. U.S. Fish and Wildlife Serv., 913 F. Supp. 2d 1087 (D. Colo. 2012).

Our lawyers have also challenged Army Corps of Engineers’ Clean Water Act Permits, including a challenge to the Corps’ issuance of Nationwide Permit 13 for bank stabilization structures in violation of the ESA, National Wildlife Federation v. Army Corps of Engineers, 170 F. Supp. 3d 6 (D.D.C. 2016).