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Endangered Species

DGS lawyers routinely assist clients with wildlife issues arising under the Endangered Species Act (ESA), Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and other federal and state laws that arise in conjunction with their oil and gas, mining, ski area, real estate, water, and other projects. We have worked closely with the U.S. Fish & Wildlife Service, the Bureau of Land Management, the U.S. Forest Service, and state fish and wildlife agencies to develop successful solutions that allow land use activities to proceed while conserving species and their habitat. Specifically, we have negotiated hallmark Candidate Conservation Agreements with Assurances (CCAAs) that provide land users certainty in their resource commitments and limitations while simultaneously providing conservation that precludes the need to list species under the ESA. Similarly, we have assisted clients with the development of Habitat Conservation Plans (HCPs) that allow land use activities to occur in the presence of endangered species. We have particular experience with programmatic conservation plans under the ESA. DGS lawyers have actively participated in the development of every major programmatic CCAA and HCP affecting oil and gas activities in the country.

DGS lawyers have extensive experience in the development of wildlife policies that affect both conventional and renewable energy projects. We advise developers on how threatened and endangered species can impact project planning and operation. We also assist developers navigate the Section 7 consultation process under the ESA.

Further, as state and federal agencies develop policies addressing wildlife issues, we regularly develop comments on proposed rules and policies that affect all types of energy development across the country. This experience is not limited to wildlife management agencies. We routinely develop comments on Bureau of Land Management resource management plans (RMPs) that impose wildlife management prescriptions on energy development and other land use activities.

A key strength of DGS is a litigation practice that allows us to assist clients from start to finish. We have successfully represented clients in federal courts throughout the West in defending challenges to their projects.

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