Options for ESA Section 9 Compliance for Projects Lacking a Federal Nexus

Learn how to navigate the regulatory landscape of the Endangered Species Act with our focused presentation on compliance options for ESA Section 9 and the intricacies of obtaining incidental take permits. Equip yourself with the essential strategies and insights needed to successfully manage legal requirements and protect endangered species during project development.

Credit(s)

1

CO Approval ID

850827

Original Program Date

October 3, 2024

Duration

49 minutes

This presentation delves into the practicalities of adhering to Section 9 of the Endangered Species Act (ESA), which prohibits the "take" of endangered species without specific authorization. It provides a detailed exploration of the options available for compliance, including preventive measures and strategic planning to avoid unauthorized impacts. Furthermore, the session outlines the process for obtaining incidental take permits—licenses that allow for the accidental harm of a protected species during project execution—and discusses the complexities and challenges associated with securing these permits. This examination highlights the bureaucratic and ecological hurdles faced by project developers and offers guidance on navigating these challenges effectively.

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.

PARKER MOORE is a principal attorney at Beveridge & Diamond in Washington, D.C. His environmental law practice is an outgrowth of his love for the natural world. He co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group and its NEPA, Wetlands, and Endangered Species Act groups. Parker dedicates his practice to successful project development, advising clients nationwide on activities implicating NEPA, wetlands regulation, and federal and state species protection laws, including the Endangered Species Act, Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and CITES. He also defends clients against agency enforcement actions and citizen suits, applying his substantive knowledge of natural resources law and project development to craft creative, sound, and successful legal strategies. Parker brings a balanced approach to working on high profile projects to meet the objectives of developers and the legal demands of state and federal regulators. Clients involve him at all stages of project development, from initial project conception and design to defense of completed facilities. He frequently is called on to help get projects back on track when they are delayed by permitting complications and other regulatory issues, bringing to bear his extensive experience to identify innovative and effective solutions. In all cases, Parker’s goal is to help his clients complete legally defensible projects on time and on budget. Before joining B&D, Parker clerked at the White House Council on Environmental Quality. He also is a professionally-trained wetlands and species ecologist with years of experience identifying wetlands, obtaining jurisdictional determinations from the U.S. Army Corps of Engineers (USACE), surveying for protected species, and drafting NEPA documents.