The Brownstein Endangered Species Group is highly experienced with nearly every aspect of the federal and California Endangered Species Acts (ESA), including work in both the private and public sectors. Our experience is both local and national in scope, allowing us to navigate the larger policy context that often affects ESA decision-making, while still understanding the local realities that impact a project.
Our Group has been involved in some of the most significant and complex ESA issues of the last decade. We successfully led efforts on cutting-edge listing decisions such as the determination that the polar bear was a threatened species. Likewise, we developed the primary guidance on the applicability of the ESA’s consultation requirements to proposed actions involving the emission of greenhouse gases utilized by the Department of the Interior.
At the project level, we have helped clients negotiate ESA approvals with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and the California Department of Fish and Game, including consultations associated with dam relicensing, residential and commercial development and major water supply and infrastructure projects. Several of the Group’s attorneys have been integrally involved in high-profile, multi-state ESA negotiations to develop long-term plans to mitigate existing and future impacts to listed species.
Our services include habitat conservation and natural communities conservation planning, as well as ESA Section 7 consultations and permitting and negotiations between private, state and federal interests.