Practice Areas & Industries: Holland & Hart LLP

Practice/Industry Group Overview

As urban and commercial growth in the Western U.S. continues, more and more companies, cities, urban planners and natural resource extractors are coming into contact with the complex regulations of the Endangered Species Act (ESA).  For more than 30 years Holland & Hart has been at the forefront of ensuring protection for our region's threatened wildlife, and has been assisting clients to navigate this often complex and sometimes costly regulatory environment.

Our clients benefit from the insights and relationships our attorneys have developed working for and with federal and state agencies responsible for endangered species and related matters, including the Department of the Interior and its U.S. Fish and Wildlife Service and Bureau of Reclamation; the Department of Commerce, the Department of State, the Department of Justice, the Environmental Protection Agency, and numerous state and local agencies.  Many of our attorneys have been instrumental in developing major regulatory or statutory changes, both on a national level as well as in several states in the Mountain West.

Our attorneys maintain deep relationships with legislative and agency decision makers.  Our work with commercial interests, government entities and through regulatory and enforcement organizations gives our attorneys a deep understanding and insight into the perspective of all of the major players in this arena as well as a view of the issues from every angle.

Services Available

Compliance and Administrative Proceedings

We represent clients in all aspects of the Endangered Species Act (ESA) and related wildlife and vegetation protection laws, including the Migratory Bird Treaty Act, federal land management statutes, and state fish and game laws.  Our experience includes:

• Representing clients in U.S. Fish and Wildlife Service and NOAA fisheries species listing and critical habitat designation proceedings under the ESA
• Advising and assisting clients seeking federal permits or authorizations with participation in the Section 7 consultation procedures of the ESA
• Development of habitat conservation plans and supporting environmental documentation
• Reviewing fish and wildlife protection strategies imposed by federal and state agencies on clients' natural resource projects.

ESA Litigation

Sometimes it is necessary to either defend or protect your interests through the state or federal court system.  Our attorneys have handled cases in federal and state courts throughout the West, as well as the federal circuit courts of appeal.  We have successfully handled litigation over endangered species consultation, habitat protection requirements, and potential species "taking" liability.  We have also challenged listings and critical habitat designations and agency decisions restricting land development, water use and industrial operations.

Environmental and Natural Resources

Other federal, state and local laws and regulations often come into play when the ESA is involved.  As a result, expertise in other areas of environmental regulation is critical to developing a thorough and well thought out strategy.  Holland & Hart has one of the largest and most well-known environmental and natural resources practices in the country, with comprehensive knowledge and expertise in a full range of areas, including water law, environmental permitting and compliance, the Clean Water Act, RCRA, CERCLA, NEPA, and the myriad of state and local laws and regulations.