Endangered Species
Balancing the Endangered Species Act and development goals
Achieving business goals doesn’t have to be put at odds with endangered species and wildlife protection. Our team of legal and policy strategists, with decades of experience in all aspects of the federal and California Endangered Species Act (ESA), can help you successfully navigate sensitive issues to help align both interests.
A track-record of cutting-edge decisions, experience and insight allows the Brownstein team to craft solutions that adhere to national and local requirements. We navigate the larger policy context that often affects ESA decision-making while still understanding the local realities that impact a project. At Brownstein we have been involved in some of the most significant ESA issues of the last decade—helping clients negotiate approvals with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and the California Department of Fish and Wildlife. We handle issues from habitat conservation and natural community conservation planning to ESA Section 7 consultations and permitting and negotiations between private, state and federal interests.
Overcoming Hurdles to Help PolyNatura Succeed
A complex challenge with a tight timeline didn’t stop us. In fact, that’s when we’re at our best. Brownstein’s mining team steered the development of one of the newest potash mining projects in the country. Despite numerous obstacles, we skillfully navigated a multi-year NEPA and the Endangered Species Act permitting process and helped to obtain all necessary federal, state and local permits. We also aided in acquiring an adequate water supply by securing a deep, non-potable water easement from the New Mexico State Land Office allowing for the operation of a water-intensive milling process. This water easement became even more valuable when the state land commissioner ordered that no fresh water could be used for oil and gas operations in the future.
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