ESA Section 9 Take Prohibition – What it Prohibits and How to Plan for It

Delve into the legal and operational significance of the "take" prohibition in our targeted presentation, designed to equip project developers and managers with the knowledge to navigate and comply with wildlife protection laws. Discover why respecting these regulations is crucial for sustainable project operations and how to effectively incorporate compliance into your project planning and development strategies.

Credit(s)

1

CO Approval ID

850827

Original Program Date

October 3, 2024

Duration

44 minutes

This presentation explores the "take" prohibition, a critical element in wildlife conservation law that restricts the harming, harassing, or killing of protected species. It discusses how project developers and operators can account for this prohibition during the planning and operational phases of their projects to ensure compliance with environmental laws. The session highlights the significance of the take prohibition, emphasizing its implications for enforcement actions, the potential for citizen lawsuits, and the overall importance of integrating these considerations into project planning. It aims to provide a clear understanding of the legal responsibilities and the strategic approaches necessary to mitigate risks associated with non-compliance.

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.

ANDREW TURNER is a Partner at Hunton Andrews Kurth in Washington, D.C. He has worked extensively on natural resources, focusing on ESA, NEPA, CWA, MMPA, wetlands, endangered species, federal lands, and waterfront and offshore resources. He has been influential in shaping jurisprudence at the intersection of environmental, energy and marine resource laws to the benefit of regulated industry and the environment. Utilizing a strategic solutions-based approach, he provides counsel on complex compliance matters, administrative rulemakings, permitting, civil and criminal litigation, and strategic advice involving federal regulatory agency considerations. Andrew’s clients include energy and water providers, state and local agencies, builders and developers, consumer product companies, vessel owners and operators, and related trade associations. A well-rounded practitioner, Andrew co-leads the firm’s energy transition practice. He has also been nationally recognized by Legal500 in the Environment: Litigation and regulatory categories three years in a row (2019-2021). Prior to joining Hunton Andrews Kurth, Andrew served in the US Coast Guard Office of Maritime & International Law as Senior Counsel for Oceans and Environmental Affairs, and subsequently as the Coast Guard Chief of General Law. He also served in the National Oceanic & Atmospheric Administration Office of General Counsel, focusing on Endangered Species Act and Marine Mammal Protection Act regulation and litigation, and in the US Air Force as a Judge Advocate, where he retired as colonel from the Air Force Reserves.