Environment & Safety | ENDANGERED SPECIES ACT (ESA)
The federal Endangered Species Act (ESA) has been described as the most comprehensive legislation for the preservation of endangered species enacted by any nation. The stringent provisions of the ESA have been used by environmental groups and other organizations for decades to halt construction projects, resource development, and federal licensing. It has recently become the prime weapon of environmental groups in attempting to shape U.S. pesticide regulation and climate change law and policy. Wiley Rein’s Environment & Safety attorneys have been directly involved in helping to resolve ESA issues that affect the pesticide chemical, residential development, and telecom industries.
Representative matters on behalf of our clients include:
- Representing two of the world’s largest agricultural chemical manufacturers in a precedential suit (now pending before the U.S. Court of Appeals for the Fourth Circuit) challenging the adequacy of a National Marine Fisheries “biological opinion.”
- Intervening on behalf of the major trade association of agricultural chemical suppliers and individual pesticide manufacturers in lawsuits brought by environmental groups against the U.S. Environmental Protection Agency (EPA) for EPA’s failure to consult under Section 7 of the ESA in connection with the registration of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
- Counseling a large developer of residential housing on ESA issues that could impact a large-scale residential development project in California.
- Counseling telecommunications companies on ESA implications associated with the construction and maintenance of cell phone towers and related compliance issues.
ISSUE: DECEMBER 2013