Endangered Species

Special status species encountered during a development project demand distinct expertise to prevent a project from being derailed.  Downey Brand attorneys have extensive experience with special status species and their habitat.  We routinely navigate the rules and regulations governing development of land where species and habitat are encountered.  

Permitting

Downey Brand attorneys guide our clients through compliance with the federal and California Endangered Species Acts, the Bald and Golden Eagle Act, the Migratory Bird Treaty Act, Streambed Alteration Agreements, CEQA and NEPA.  From sand and gravel mines to housing developments to solar and wind energy projects, we successfully negotiate with regulators to ensure that endangered species compliance requirements protect species and resources while allowing projects to proceed. 

Ongoing Compliance

After development commences, compliance obligations kick in.  Downey Brand attorneys ensure that mitigation obligations incurred during the permitting phase are carried out in compliance with the laws and regulations and handle new species issues that arise during operations. Not all projects stay on track, and when that happens, we negotiate conservation easements and endowments, and shepherd clients through regulatory enforcement actions.

Mitigation and Conservation Banking

Sometimes species presence and habitat make land less suitable for development.  In these situations, our attorneys can help land owners turn high quality habitat land into a mitigation or conservation bank for which owners can sell credits and recoup investment value.  Downey Brand attorneys have extensive experience working through the multi-agency process to bring a mitigation or conservation bank online and ensure that owners obtain top dollar for bank credits. 

Experience

  • Permitted 700-acre mitigation bank for seven federally and California protected species and obtained above market credit valuation
  • Performed permitting due diligence for major financial institution on a series of wind energy repower projects focusing on potential enforcement actions under the Bald and Golden Eagle Act, Endangered Species Act, California Endangered Species Act and Migratory Bird Treaty Act.
  • Permitting large solar energy projects on federal BLM land and negotiating Desert Tortoise translocation plans.

Selected Experience
  • Permitted 700-acre mitigation bank for seven federally and California protected species and obtained above market credit valuation
  • Performed permitting due diligence for major financial institution on a series of wind energy repower projects focusing on potential enforcement actions under the Bald and Golden Eagle Act, Endangered Species Act, California Endangered Species Act and Migratory Bird Treaty Act.
  • Permitting large solar energy projects on federal BLM land and negotiating Desert Tortoise translocation plans.

The Downey Brand Story

With deep experience in our clients' industries, Downey Brand provides the vision and coverage you need.

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