Endangered Species and HCP/MSHCP Counseling
Nossaman is nationally recognized for its endangered species and natural resources practice. We represent public and private entities engaged in a wide range of resource use and conservation activities throughout the United States. We specialize in resolving natural resources conflicts through careful negotiation with federal and state agencies, and with the environmental community. We pride ourselves on working with the resource agencies and their counsel in a professional and collaborative fashion.
When negotiations are not feasible, we have demonstrated a successful ability to advance our clients' interests in court. Nossaman routinely litigates cases involving claims under the federal Endangered Species Act and California Endangered Species Act.
Our attorneys have successfully defended billion-dollar projects against the Endangered Species Act and other environmental challenges. (Center for Biological Diversity v. Federal Highway Administration, 290 F. Supp. 2d 1175 (S.D. Cal. 2003)). Nossaman is one of the few law firms in the nation to successfully challenge a species listing under the ESA and to obtain a court order, requiring the U.S. Fish and Wildlife Service to pay our client's attorneys' fees and costs. (Endangered Species Committee v. Babbitt, 852 F. Supp. 32 (D.D.C. 1994)). We also successfully challenged the designation of critical habitat for numerous species. (See, e.g., Agua Caliente v. Norton, Case No. 05-187 (C.D. Cal. Aug. 2, 2006); Building Industry Legal Defense Foundation v. Norton, 231 F. Supp. 2d. 100 (D.D.C. 2002)).
Nossaman pioneered the Habitat Conservation Plan (HCP) concept and has more experience with HCPs/Natural Communities Conservation Plans (NCCPs) than any law firm in the nation. We authored and advocated the HCP provisions of the Endangered Species Act and have played a leading role in over a dozen habitat conservation plans.
Since 1982, we have worked on several of the largest and most complex HCPs in the country including:
- The first HCP (San Bruno Mountain);
- The first, large-scale, regional HCP (Metropolitan Bakersfield);
- The first combined HCP and California Natural Communities Conservation Plan (Central/Coastal Orange County);
- The controversial and politically-charged Pacific Lumber HCP;
- The first county-wide HCP (San Joaquin County);
- The first tribal HCP (Agua Caliente); and
- The first HCP establishing a mitigation bank providing for transfer of take authority to third parties (Kern Water Bank).
We are working on several pending HCPs including:
- Imperial Irrigation District (concerning 500,000 acre area in Imperial County);
- Chevron Lokern (concerning oil and gas operations on 200,000 acres in Kern County); and
- Kern County Valley Floor (regional multi-species HCP in Kern County).
Additionally, Nossaman has in-depth experience in assisting clients in compliance with the Coachella Valley Multiple Species Habitat Conservation Plan and Western Riverside Multiple Species Habitat Conservation Plan.