Environment & Safety | ENDANGERED SPECIES
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 are directly involved in helping to resolve ESA issues that affect the pesticide chemical, residential development, and telecom industries.
Representative Recent Experience:
- Successfully representing two of the world’s largest agricultural chemical manufacturers in a precedential suit before the U.S. Court of Appeals for 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 EPA for EPA’s failure to consult under Section 7 of the ESA in connection with the registration of pesticides under FIFRA.
- Representing one of the nation’s largest power companies in connection with the decommissioning of several dams in Northern California, implicating both ESA and water supply and water quality issues.
- Counseling telecommunications companies on ESA implications associated with the construction and maintenance of cell phone towers and related compliance issues.
ISSUE: OCTOBER 2014
IN THIS ISSUE
- Registration Transfer Challenges for Pesticide Supplemental Distributors and Registrants
- Pharmaceutical Take Back: Next Stop, Supreme Court Review of the Dormant Commerce Clause
- DOT Moves to Streamline “Reverse Logistics” Transportation Regulations
- Transportation Regulation Developments
- New Rules for External Power Supplies, Battery Chargers
- Priority Product Categories Named in California Green Chemistry Program
The Return of Sweet Home in Texas Whooping Crane Case a Sign That ESA Issues Will Be Back Before the U.S. Supreme Court
By Steven Richardson, David B. Weinberg, Craig G. Fansler and Andy Wang
August 15, 2014 | The Water Report, Issue #126
Voluntary Prelisting Conservation Action Policy Adds to the ESA Mitigation Toolbox
By Steven Richardson and Joseph S. Kakesh
July 22, 2014
Appellate ESA Decisions May Prompt More Emphasis on Economic Considerations
By David B. Weinberg
May 23, 2014 | Bloomberg BNA's Daily Environment Report