ESA Compliance

Regulatory Counseling
We counsel clients on ESA issues pertaining to project planning, development, and regulatory compliance. This practice involves both traditional ESA regulatory compliance and the identification of alternative options for resolving ESA conflicts in a manner that works both for our clients and for particular species:

Pre-Regulatory Counseling
The firm assists clients in identifying potential ESA problems in advance of regulatory developments and in planning their projects to avoid or minimize ESA impacts.

ESA Section 7 Compliance Issues
Brenda Davis assists clients as the action agencies with whom they are working undertake formal and informal consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries on a wide variety of § 7 compliance issues, including the development of biological assessments and biological opinions, responses to jeopardy opinions, development of reasonable and prudent alternatives, and development of incidental take statements.

Listing and Delisting Species
We advise clients on, and participate in, the process for adding and removing species from the lists of threatened and endangered species, and evaluate the probable impacts of species reclassifications.

Habitat Conservation Plans
The firm represents clients in the development of single and multi-species recovery plans, including multi-state plans requiring coordination of federal, state and local interests.

Recovery Plans
We counsel clients on, and participate in, the development of ESA § 10(a) habitat conservation plans and applications for incidental take permits.

Critical Habitat Designation
We provide counsel on the effects of critical habitat designation and represent clients in the designation process.