Wetlands & Endangered Species

Wetlands & Endangered Species

Overview

We are leaders in the field of wetlands and endangered species law and regulation. We assist residential and commercial developers, renewable energy companies, agricultural enterprises, mining companies, mitigation bankers, and water districts with some of the most challenging projects in California. Our expertise includes habitat conservation planning, Section 7 consultations, alternatives analyses under Section 404 of the Clean Water Act, jurisdictional determinations, negotiation of conservation easements, the establishment of conservation banks and in-lieu fee programs, negotiation of safe harbor agreements, and the defense of actions brought under the Endangered Species Act. We are also experts in all relevant companion statutes, including the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, National Environmental Policy act (NEPA), Federal Land Policy and Management Act (FLPMA), Sections 1602 and 2081 of the California Fish and Game Code, and Section 401 of the Clean Water Act. Our contacts with the regulatory agencies are excellent, and we are known throughout California as pragmatic advisors who can achieve a successful result.

Representative
Matters

Represented a state water contractor in efforts to establish the Bay Delta Conservation Plan to address the State's water needs consistent with conservation of protected salmon, steelhead, and other fish species.

Represented a renewable energy trade association in negotiations to develop the Desert Renewable Energy Conservation Plan (DRECP), a habitat conservation plan for renewable energy projects that is expected to cover over 50 million acres in the California Desert. 

Represented a city and a county in proceedings to establish the first multi-jurisdictional regional HCP in Northern California, the Natomas Basin HCP. Assisted in the defense and settlement of litigation brought against the plan by environmental groups.

Represented a real estate developer and other business interests in the development of a habitat conservation plan covering most of Eastern Contra Costa County. Served as primary negotiator with wildlife agencies and environmental groups on protections for local development projects under the HCP. 

Served as outside counsel to an agency in preparation, environmental review and adoption of land use and resource protection plan for the Lake Tahoe Basin.

Represented a landowner in a successful challenge to set aside a local water agency's attempt to build an anadromous fish access project on the client's property. Also initiated a subsequent challenge to a joint EIS/EIR related to the Santa Ynez River fish management plan and subsequent project proposals.

Advised conservation groups in efforts to eradicate invasive animal species (pigs and rats) from islands in the Channel Islands and Aleutian Islands, respectively.

Represented a statewide university system in the state and federal permitting of a new research university, including the fill of over 80 acres of waters of the United States, containing habitat for protected invertebrates.

Represented a municipality in responding to the regional conservation strategy under development for the Santa Rosa Plain to address impacts on vernal pool species and the California Tiger Salamander.

Assisted a group of landowners in the state and federal permitting of a specific plan covering approximately 5,000 acres in Placer County and including the fill of over 100 acres of waters of the United States. Also assisting in efforts to develop a county-wide HCP, known as the Placer County Conservation Plan.

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Advised more than a half dozen conservation banking firms in establishing wetlands and endangered species banks and turnkey operations throughout California's Central Valley and Southern California.

Assisted a landowner in Shasta County in the development of a safe harbor agreement for Chinook Salmon, the first safe harbor agreement to be entered into by the National Marine Fisheries Service.

Advised more than a dozen wind and solar PV energy companies in endangered species permitting of utility-scale facilities in the California desert and Central Valley. At the cutting edge of regulatory developments under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.

Represented a timber company in environmental review and approval of major timber sale affecting habitat of the Canada Lynx.

Represent a broad array of residential developer and homebuilding companies throughout California in wetlands and endangered species processes associated with the development of master-planned communities.

Attorneys &
Paralegals

Name Title City Phone  
Birkey, Scott B. Partner San Francisco 415.262.5162
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Bradish, Margo N. Partner San Francisco 415.262.5101
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Caligari, Gregory B. Partner San Francisco 415.262.5111
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Morrison, Clark Partner San Francisco 415.262.5113
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Mudge, Anne E. Partner San Francisco 415.262.5107
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Paone, Tim Partner Orange County 949.260.4655
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Sabey, Andrew B. Partner San Francisco 415.262.5103
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Waite, David P. Partner Los Angeles 310.284.2218
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Zischke, Michael H. Partner San Francisco 415.262.5109
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