State Supreme Court Gives New Protection to Endangered Species
Nossaman Partner and Land Use Practice Group Chair, Paul Weiland, is quoted in the Los Angeles Times' article, "State Supreme Court gives new protection to endangered species."
The article discusses the July 17th precedent-setting California Endangered Species Act (CESA) decision and specifically the "no surprises" assurances given to Pacific Lumber as part of the "Headwaters Forest" agreement they entered into with state and federal agencies. The decision calls into question whether "no surprise" assurances, that mitigation or compensation requirements will not change in the event of unforeseen events impacting the species, can be upheld under CESA. Mr. Weiland is quoted as saying, "People are willing to take on a permit when they feel they understand the risk, but when the risk is unknowable, people are less inclined to do it."