Eagles and Project Development

Uncover the complexities of eagle conservation law with our detailed analysis of the final revisions to the Bald and Golden Eagle Protection Act permit regulations. This presentation is essential for professionals involved in project development, providing critical insights into obtaining and complying with incidental take, disturbance, and nest-removal permits.

Credit(s)

1

CO Approval ID

850827

Original Program Date

October 3, 2024

Duration

47 minutes

This presentation provides a comprehensive overview of the latest revisions to the permit regulations under the Bald and Golden Eagle Protection Act (BGEPA). It details the practical implications and challenges associated with the incidental take permit process for eagles, including the specific requirements and legal considerations that project developers must navigate. The session also explores the trends in disturbance permits, which are increasingly critical for managing human activities that could potentially disrupt eagle habitats. Additionally, it covers the process and practical considerations for obtaining nest-removal permits, highlighting the conditions under which such permits are issued and the responsibilities that permit holders must undertake.

Video presentation from the Special Institute on Protected Wildlife and Project Development

Speakers

Credits

Materials

1 CLE Credit – Approval ID: CO ID - 850827

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

BROOKE MARCUS is a partner at Nossaman in Austin, TX. She is a natural resources lawyer focused on assisting the renewable energy sector with maintaining compliance with environmental laws. She is go-to counsel for matters involving the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), Clean Water Act (CWA) the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). Brooke counsels some of the nation’s largest wind, solar and storage energy companies, electric generation and transmission companies, and investment companies on policy-level and project-specific issues arising under ESA, BGEPA, MBTA, CWA and NEPA. Brooke assists wind, solar, storage, and transmission line project developers with federal, state and local environmental and land use compliance strategies. She currently assists project proponents in the development of dozens of Habitat Conservation Plans (HCPs) and BGEPA permits, and ESA, BGEPA, NEPA, and CWA compliance strategies within every region of the U.S. Fish and Wildlife Service. Brooke also advises clients on policy-level issues related to the ESA, BGEPA, MBTA and NEPA and often represents her clients in Washington D.C. on related policy issues. Brooke regularly provides natural resources and environmental support for renewable project financing and advises investors and power purchasers on federal wildlife and other environmental issues for potential renewable acquisitions. She also serves as consulting counsel for natural resource litigation. She has advised clients on issues related to compliance with state and local environmental and land use regulations. She has worked extensively on mitigation transactions and negotiated and developed the first programmatic species conservation bank in the country on behalf of the lesser prairie chicken. Brooke speaks and teaches on ESA, MBTA, BGEPA, NEPA and CWA issues in many different industry forums across the nation. She has spoken at the American CleanPower Association’s annual environmental and siting conference on many occasions since 2014. From 2014-2017, she has served as vice chair of the Endangered Species Committee newsletter for the ABA Section of Environment, Energy and Resources. Brooke co-chairs CLE International's Annual MBTA & BGEPA Conference. Brooke has presented at the University of Texas Renewable Energy Law Conference and served on the Planning Committee. Each year she regularly guest lectures at the University of Texas at Austin School of Law on federal wildlife risk and renewable energy development and teaches several courses each year for EUCI.