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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.

Related Attorneys

Mave A. Gasaway

Partner, Environmental Law & Litigation, Clean Energy & Sustainability, Natural Resources, Toxic Tort Litigation, Federal Oil & Gas Leasing, Public Lands, Tribal Lands & Resources, Water Law, Endangered Species, NEPA, CERCLA & State Equivalent Programs, Environmental

John R. Jacus

Partner, Air Quality & Regulatory Compliance, Clean Energy & Sustainability, Environmental Law & Litigation, Natural Resources, Federal Oil & Gas Leasing, Safety & Health, Brownfields Redevelopment, Tribal Lands & Resources, Midstream Services, Endangered Species, NEPA, CERCLA & State Equivalent Programs, Environmental

Kathleen C. Schroder

Partner, Federal Oil & Gas Leasing, Public Lands, Natural Resources, Environmental Law & Litigation, Endangered Species, NEPA, Clean Energy & Sustainability

Zach C. Miller

Senior of Counsel, Environmental Law & Litigation, Water Law, Natural Resources, Federal Oil & Gas Leasing, Tribal Lands & Resources, Endangered Species, NEPA, Public Lands, Environmental, Clean Energy & Sustainability

Elizabeth (Betsy) H. Temkin

Partner, Environmental Law & Litigation, Brownfields Redevelopment, CERCLA & State Equivalent Programs, Environmental

News & Events

USFWS Delays Threatened and Endangered Statuses of Lesser Prairie-Chicken and Northern Long-Eared Bat

This week, the U.S. Fish and Wildlife Service (β€œUSFWS”) extended the effective dates of its decisions to list populations of...

U.S. Fish and Wildlife Service Hopes to Increase Efficiency of Eagle Take Permitting with New Rule

The U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register that, if adopted, would revise...

U.S. Fish and Wildlife Service Lists Distinct Population Segments of the Lesser Prairie-Chicken as Threatened and Endangered

The U.S. Fish and Wildlife Service (USFWS) has released a final rule listing distinct population segments of the lesser prairie-chicken...

Recent Wildlife Developments Affecting Clean Energy

In the last few months, the U.S. Fish and Wildlife Service (USFWS) initiated a variety of regulatory efforts that may...

U.S. Fish & Wildlife Service Reinstates Interpretation of MBTA Prohibiting Incidental Take and Initiates Rulemaking for Permitting Process

On September 29, 2021, the U.S. Fish and Wildlife Service (USFWS) released a final rule (β€œFinal Rule”) that revoked a...

U.S. Fish and Wildlife Service Proposes to List Distinct Population Segments of the Lesser Prairie-Chicken as Threatened and Endangered, Citing Threats from Wind Energy Development

On June 1, 2021, the U.S. Fish and Wildlife Service (USFWS) published a rule proposing to list distinct population segments...

U.S. Fish and Wildlife Service Publishes Draft Environmental Impact Statement on Regulations Defining Scope of the Migratory Bird Treaty Act

Last week, the U.S. Fish and Wildlife Service (FWS) took another step toward finalizing regulations that would define the scope...

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