For more than 30 years, Holland & Hart has been assisting clients in navigating the complex and often costly regulatory environment under the Endangered Species Act ("ESA"), Migratory Bird Treaty Act ("MBTA"), and Bald & Golden Eagle Protection Act ("BGEPA"). Our clients benefit from the insights and relationships that our attorneys have developed working for and with federal and state agencies responsible for endangered species and other wildlife-related matters, including the Department of the Interior and its U.S. Fish and Wildlife Service, Bureau of Land Management, and Bureau of Reclamation; NOAA Fisheries; the Department of State; the Department of Justice; the Environmental Protection Agency; and numerous state and local agencies. Many of our attorneys have been instrumental in developing major regulatory and statutory changes, both on a national level as well as in several states in the Mountain West Region.
Our attorneys maintain deep relationships with federal and state legislative and agency decisionmakers. Our work with commercial interests, government entities, and special interest organizations gives our attorneys a deep understanding and insight into the perspective of all of the major players in this arena as well as a view of the issues from every angle. The depth of our experience benefits our clients by enabling us to present an array of solutions to unique problems.
Compliance and Administrative Proceedings
Holland & Hart represents clients in all aspects of the ESA, MBTA, BGEPA, and related wildlife and vegetation protection laws. Our experience includes:
- Representing clients in U.S. Fish and Wildlife Service and NOAA Fisheries species listing and critical habitat designation proceedings under the ESA
- Advising and assisting clients seeking federal permits or other authorizations with participation in the Section 7 consultation procedures of the ESA
- Developing habitat conservation plans and supporting environmental documentation
- Reviewing fish and wildlife protection strategies imposed by federal and state agencies on clients' natural resource projects
- Developing MBTA voluntary conservation agreements and Avian Protection Plans
- Developing Candidate Conservation Agreements and Candidate Conservation Agreements with Assurances
- Advising clients on BGEPA permitting issues
ESA and Other Wildlife Litigation
Sometimes it is necessary for our clients to defend or protect their interests through the state or federal court system. Our attorneys have handled cases in federal and state courts throughout the Mountain West, as well as in Washington, D.C., and the federal circuit courts of appeal. We have successfully handled litigation over endangered species consultation, habitat protection requirements, and potential species "taking" liability. We have also challenged listings and critical habitat designations and agency decisions restricting land development, water use, and industrial operations.
Environmental and Natural Resources
Other federal, state, and local laws and regulations often come into play when the wildlife-protection statutes are involved. As a result, expertise in other areas of environmental regulation is critical to developing a thorough and well-thought-out strategy. Holland & Hart has one of the largest and most well-known environmental and natural resources practices in the country, with comprehensive knowledge and expertise in a full range of areas, including the National Environmental Policy Act, water law, the Clean Water Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation, and Liability Act, other environmental permitting and compliance, and myriad state and local laws and regulations.