Area of focus

Natural Resource Management

We work on a range of natural resource issues: incentive-based strategies for compliance with listing and habitat provisions of the Endangered Species Act (ESA); wetlands and water (CWA) permitting (section 404) and mitigation; and trading in pollution and carbon credits. We have a solid track record with tax-leveraged...

Representative experience

Represent largest U.S. wetland mitigation banks developer in all aspects of its pioneering business: real estate transactions, regulatory compliance, policy development, and identification of mitigation opportunities.

Represented association of oil and gas producers in successful challenge to listing of an endangered species.

Prepared comments for trade association on U.S. Forest Service’s guidance that would have significantly impacted users of groundwater on or near National Forest System lands.

Represented numerous entities in comments on critical habitat designations to limit impacts on development of needed infrastructure.

Hogan Lovells Publications

Supreme Court grants a shy frog the chance to shape critical habitat designations Endangered Species Alert

The Supreme Court (the Court) will soon address two recurring issues concerning administration of the Endangered Species Act, and more broadly the deference given to agency action in the...

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The legal designation of ecologically important areas Engineering News

During March 2017 the Supreme Court of Appeal of South Africa handed down a decision ensuring the continued environmental protection of the Makhonjwa Mountains in Mpumalanga (also known as...

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Published Works

How Much is Enough? Consideration of the PECE Criteria and Voluntary Efforts in Listing Decisions Rocky Mountain Mineral Law Foundation

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service first began utilizing voluntary conservation agreements in 1994 for the stated purpose of creating...

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Gray and Green: Planning for Advanced Mitigation

Congress revised the Endangered Species Act of 1973 in 1982, adding a new section 10 that was intended to ameliorate the courts’ increasingly strict interpretation of section 9, which ...

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