Brooke Marcus is a natural resources lawyer focused on powering the economy while maintaining compliance with environmental laws. She is go-to counsel for matters involving the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), Clean Water Act (CWA) the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA).
Brooke counsels some of the nation’s largest wind, solar and storage energy companies, electric generation and transmission companies, pipeline companies, real estate developers, governmental entities, species conservation bankers, investment companies and mining companies. She works with them on policy-level and project-specific issues arising under ESA, BGEPA, MBTA, CWA and NEPA. She currently assists project proponents in the development of dozens of Habitat Conservation Plans and BGEPA permits, and several other ESA, BGEPA and CWA compliance efforts. These efforts span across several industries (wind energy, solar energy, electric transmission and distribution, water infrastructure, timber management) and occur within every region of the U.S. Fish and Wildlife Service. Brooke assists wind, solar, storage, pipeline and transmission line project developers with federal, state and local environmental and land use permitting strategies. Brooke also advises clients on policy-level issues related to the ESA, BGEPA, MBTA and NEPA and often represents her clients in Washington D.C. on related policy issues. She has worked extensively on mitigation transactions and negotiated and developed the first programmatic species conservation bank in the country on behalf of the lesser prairie chicken.
Brooke advises investors and power purchasers on federal wildlife and other environmental issues for potential renewable acquisitions. She also serves as consulting counsel for natural resource litigation. She has advised clients on issues related to compliance with state and local environmental and land use regulations.
Brooke speaks on ESA, MBTA, BGEPA and CWA issues in many different industry forums across the nation. She has spoken at the American Wind Energy Association’s annual environmental and siting conference since 2014. From 2014-2017, she has served as vice chair of the Endangered Species Committee newsletter for the ABA Section of Environment, Energy and Resources. Brooke co-chairs CLE International's Annual MBTA & BGEPA Conference. Since 2018, Brooke has served on the Planning Committee of the University of Texas Renewable Energy Law Conference. She regularly guest lectures at the University of Texas at Austin School of Law on federal wildlife risk and renewable energy development.
The following are representative examples of Brooke's experience successfully obtaining and defending environmental approvals for a large number of projects across various industries across the country.
FEDERAL WILDLIFE POLICY
- Leader of the legal team leading the Energy and Wildlife Action Coalition (EWAC), a growing national coalition of utilities and renewable energy companies. EWAC focuses on federal wildlife laws and policies affecting construction and operation of electric power infrastructure across the United States. Counsel's role includes policy-level and project-specific issues impacting member companies. This role has included preparing amicus briefs on behalf of EWAC for the Weyerhaeuser Company v. United States Fish and Wildlife Service Supreme Court case involving critical habitat designations, and the settlement of an EWAC-led lawsuit regarding the BGEPA permitting regulations.
- Helped secure the first wind energy Endangered Species Act incidental take permit (ITP) for the California condor.
- Helped secure the first ITP for wind energy issued under both ESA and BGEPA for ESA-listed species and both eagle species.
- Has secured several ITPs for wind energy for impacts to ESA-listed bats in the Midwest.
- Assisting solar energy developers with obtaining ITP for ESA-listed species in the Midwest, Mid-Atlantic and Southeast.
- Provides ongoing counsel to several wind energy companies in several states with ESA and compliance approaches, including project-specific ITPs under both ESA and BGEPA.
- Regularly evaluates potential wind energy and solar energy project acquisitions with regard to federal wildlife issues and state and local environmental issues on behalf of national utilities and private investors.
- Prepares permitting opinions and transactional support for renewable energy developers on federal, state and local natural resources and environmental issues.
- Assisted in amending an ITP/HCP for a wind energy facility in Hawaii.
- Provides counsel to numerous renewable energy developers on issues related to ESA, BGEPA, MBTA, CWA, NHPA and NEPA compliance and permitting approaches.
- Provides counsel to numerous wind, solar and storage developers on issues related to Texas state and local compliance and permitting approaches.
- Assisted renewable energy developer in following requisite PUCT and ERCOT processes and provided permitting opinion in support of same.
- A member of the legal team that advised the American Wind Energy Association on two multi-state, multi-species HCPs: the Great Plains Wind Energy HCP and the Midwest Wind Energy Multi-Species HCP.
- Assisted transmission line company with successfully navigating CWA, NHPA consultation and ESA section 7 consultation for construction of a transmission line in the Midwest.
- Member of a subconsultant team advising the lead civil engineer on ESA compliance issues associated with the construction of a causeway in the vicinity of state and federal wildlife areas.
- Counsel to a public improvement district responsible for a San Antonio area roadway extension on various ESA permitting and compliance issues involving karst invertebrates.
- Counseled transmission line developer on CWA, Rivers and Harbors Act and ESA compliance strategy involving listed bat species.
- Advises municipal utilities on ESA compliance issues related to system-wide infrastructure, development of system-wide HCPs.
- Assists transmission companies and public utilities with permitting and compliance strategies related to ESA, BGEPA and CWA compliance issues in several states.
- Assists private pipelines companies on ESA, MBTA, CWA and NEPA compliance strategies on billion dollar pipelines across multiple states.
MITIGATION AND CONSERVATION BANKING
- Developed the first multi-state, programmatic conservation bank in the country.
- Assisted in completed and ongoing species banking efforts throughout Texas and other states including for the American burying beetle, black-capped vireo and golden-cheeked warbler.
- Assisted in developing preliminary strategies for the development of a golden eagle conservation bank.
- Assists BGEPA permittees with developing mitigation agreements.
- Assists permittees with evaluating and participating in conservation banking and other mitigation options.
REAL ESTATE DEVELOPMENT
- Handled complex CWA and ESA permitting and ongoing compliance issues for a marina community on the Texas Gulf coast.
- Advised developers of master-planned developments in central Texas on ESA compliance approaches.
- Assisted developer in supporting its ESA and CWA compliance strategy for a controversial commercial project.
- Assisting in the development of an HCP for a quarry in central Texas.
- Provided counsel with regards to the Section 7 consultation process for a mine in Arizona.
TEXAS NATURAL RESOURCE AND ENVIRONMENTAL LAWS
- Advises clients in several industries on issues related to Texas natural resource and environmental laws, including mussel relocation, marl, sand, gravel, shell and mudshell permitting, and voluntary clean-up program participation.
- Provides state and local environmental support for real estate transactions, including advice on Phase I ESAs, stormwater permitting and spill response.
- Brooke has specific experience with almost all of the listed and rare species encountered in Texas, the Southwest, Midwest and the Central Plains. These include karst invertebrates, bat species, the golden-cheeked warbler, the black capped vireo, salamander and other aquifer species, the ocelot, the whooping crane, piping plovers, lesser prairie chicken, eagles, jaguar, freshwater mussels, various reptiles and various plants and cacti. Additionally, she has extensive experience with listed bats, listed avian species and eagles throughout the United States.
- 04.29.2021 | Environmental Law Institute's People Places Planet Podcast
- 12.01.2020 | Financier Worldwide
- 11.10.2020 | Law360
- 09.03.2020 | Nossaman eAlert
- 08.19.2020 | Environmental Law Institute's People Places Planet Podcast
- 08.01.2020 | Chambers Alternative Energy & Power 2020 Guide
- 06.24.2020 | Environmental Law Institute's People Places Planet Podcast
- 06.11.2020 | Nossaman eAlert
- 05.14.2020 | Environmental Law Institute's People Places Planet Podcast
- 04.20.2020 | Nossaman eAlert
- 02.14.2020 | Law360
- 08.29.2019 | Law360
- 04.2018 | The Natural Lawyer
- 11.16.2016 | Law360
- Ground Birds & the Endangered Species Act: The Rising Trends in Conservation Efforts & How the Greater Sage Grouse's Story Compares to Other Recent Upland Game Bird Listing Decisions01.19.2016 | The Natural Lawyer
- 08.01.2015 | Natural Resources & Environment, American Bar Association Section of Environment, Energy, and Resources, Volume 30, Number 1
- 05.01.2014 | Texas Environmental Law Journal
- 06.30.2021 | Endangered Species Law & Policy
- 06.11.2021 | Endangered Species Law & Policy
- 06.09.2021 | Endangered Species Law & Policy
- 06.07.2021 | Endangered Species Law & Policy
- 05.27.2021 | Endangered Species Law & Policy
- 05.13.2021 | Endangered Species Law & Policy
- 05.07.2021 | Endangered Species Law & Policy
- WEBINAR: The First 100 Days of President Biden’s Environmental Policy: Revolution or Back to Basics?04.08.2021 | California Water Views
- WEBINAR: The First 100 Days of President Biden’s Environmental Policy: Revolution or Back to Basics?04.01.2021 | Endangered Species Law & Policy
- 01.20.2021 | Endangered Species Law & Policy
- 01.14.2021 | Endangered Species Law & Policy
- 12.17.2020 | Endangered Species Law & Policy
- 12.16.2020 | Endangered Species Law & Policy
- 12.15.2020 | Endangered Species Law & Policy
- 11.24.2020 | Endangered Species Law & Policy
- 10.08.2020 | Endangered Species Law & Policy
- 09.09.2020 | Endangered Species Law & Policy
- 08.27.2020 | Endangered Species Law & Policy
- 08.12.2020 | Endangered Species Law & Policy
- 07.17.2020 | Endangered Species Law & Policy
- 07.09.2020 | Endangered Species Law & Policy
- 06.11.2020 | Endangered Species Law & Policy
- 05.15.2020 | Endangered Species Law & Policy
- 05.13.2020 | Endangered Species Law & Policy
- 05.11.2020 | Endangered Species Law & Policy
- 04.16.2020 | Endangered Species Law & Policy
- 04.09.2020 | Endangered Species Law & Policy
- 04.07.2020 | Endangered Species Law & Policy
- 01.30.2020 | Endangered Species Law & Policy
- 01.29.2020 | Endangered Species Law & Policy
- 11.05.2019 | Endangered Species Law & Policy
- 03.28.2019 | Endangered Species Law & Policy
- 12.18.2018 | Endangered Species Law & Policy
- 12.11.2018 | Endangered Species Law & Policy
- 08.09.2018 | Endangered Species Law & Policy
- 07.05.2018 | Endangered Species Law & Policy
- 05.04.2018 | Endangered Species Law & Policy
- 04.04.2018 | Endangered Species Law & Policy
- American Wind Energy Association (AWEA) to Address Cutting Edge Topics at Upcoming Wind Project Siting & Environmental Compliance Conference02.26.2018 | Endangered Species Law & Policy
- Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion01.03.2018 | Endangered Species Law & Policy
- 10.24.2017 | Endangered Species Law & Policy
- 10.20.2017 | Endangered Species Law & Policy
- 07.21.2017 | Endangered Species Law & Policy
- 05.05.2017 | Endangered Species Law & Policy
- 03.17.2017 | Endangered Species Law & Policy
- 02.01.2017 | Endangered Species Law & Policy
- 10.27.2016 | Endangered Species Law & Policy
- National Marine Fisheries Service and U.S. Fish and Wildlife Service Propose Listing One Hawaiian Species and Four Marine Species09.21.2016 | Endangered Species Law & Policy
- 08.09.2016 | Endangered Species Law & Policy
- Supreme Court Declines to Give Chevron Deference to Agency Regulation that Departed from Prior Agency Practice06.21.2016 | Endangered Species Law & Policy
- 05.06.2016 | Endangered Species Law & Policy
- Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act Compliance When Granting Right-of-Way to Industrial-Scale Wind Farm04.19.2016 | Endangered Species Law & Policy
- The Wolverine Takes on Climate Change: Montana District Court Remands Withdrawal of Proposed Listing Rule04.07.2016 | Endangered Species Law & Policy
- 03.02.2016 | Endangered Species Law & Policy
- 02.08.2016 | Endangered Species Law & Policy
- 12.29.2015 | Endangered Species Law & Policy
- U.S. Fish and Wildlife Service Issues Updated Guidance to Streamline 90-Day and 12-Month Petition Findings11.13.2015 | Endangered Species Law & Policy
- 10.28.2015 | Endangered Species Law & Policy
- U.S. Fish and Wildlife Service Issues Proposed Listings and Designates Critical Habitat Pursuant to 2011 Listing Settlement Workplan10.02.2015 | Endangered Species Law & Policy
- 09.03.2015 | Endangered Species Law & Policy
- 09.02.2015 | Endangered Species Law & Policy
- 07.01.2015 | Endangered Species Law & Policy
- 4th Annual CLE International Annual Conference09.30.2021 - 10.01.2021
- Nossaman Webinar06.15.2021
- EUCI Course06.09.2021 - 06.10.2021
- EUCI Course05.13.2021 - 05.14.2021
- Nossaman Webinar04.15.2021
- Environmental Federation of Oklahoma (EFO) Webinar03.01.2021
- Nossaman Webinar12.10.2020
- Nossaman Webinar07.30.2020
- Endangered Species Act, Wetlands, Stormwater & Floodplain Regulatory Compliance for Energy and UtilitiesEUCI Online Course07.27.2020 - 07.28.2020
- Forging Ahead Without Nationwide Permit 12Private Client Presentation05.08.2020
- Austin Bar Association Animal Law Section & Environmental Law Section Joint CLE01.31.2020
- The University of Texas School of Law's 15th Annual Renewable Energy Law Conference01.27.2020
- University of Texas at Austin School of Law CLE Webinar01.24.2020
- University of Texas at Austin School of Law CLE Webinar01.24.2020
- CLE International's 3rd Annual MBTA & BGEPA Conference12.09.2019
- Texas Bar CLE Live Webcast12.06.2019
- University of Texas at Austin School of Law CLE Webinar07.12.2019
- University of Texas at Austin School of Law CLE Webinar07.12.2019
- Developing and Financing Wind Energy Projects: Contract Provisions, Protecting Developer and Landowner InterestsStrafford CLE Webinar06.25.2019
- CLE International's 29th Annual Texas Wetlands Conference03.29.2019
- The American Wind Energy Association's Wind Project Siting and Environmental Compliance 2019 Conference03.28.2019
- 2019 Renewable Energy Law Conference01.28.2019
- Texas Public Policy Foundation's 2019 Policy Orientation01.10.2019
- 30th Annual Texas Environmental Superconference08.02.2018
- San Antonio Pipeliners Association Luncheon04.17.2018
- American Wind Energy Association's Wind Project Siting & Environmental Compliance Conference 201803.21.2018
- CLE International's 2nd Annual MBTA & BGEPA Conference11.30.2017
- CLE International10.16.2017
- National Rural Electric Cooperative Association's (NRECA) Legal Seminar08.14.2017
- 29th Annual Texas Environmental Superconference08.03.2017
- Transportation Research Board's 56th Annual Workshop on Transportation Law08.02.2017
- National Rural Electric Cooperative Association's (NRECA) Legal Seminar07.23.2017
- 2017 Wildlife & Energy Interaction Symposium06.27.2017
- 2017 National Mitigation & Ecosystem Banking Conference05.11.2017
- AWEA Wind Project Siting & Environmental Compliance Conference03.21.2017
- CLE International's MBTA & BGEPA Conference11.03.2016
- 2016 Wildlife & Energy Interaction Symposium06.14.2016
- American Wind Energy Association Webinar02.04.2016
- Nossaman's 2015 Environmental & Land Use Seminar09.22.2015
- CLE International: Endangered Species Act Conservation & Litigation06.12.2015
- CLE International: Endangered Species Act Conservation & Litigation06.01.2014
- Class IV Renewables04.01.2014
- 2014 AWEA Wind Project Siting Seminar03.01.2014
- CLE International's Endangered Species Act CLE05.01.2013
- The Wind Coalition03.01.2013
- 2013 AWEA Wind Project Siting Seminar02.01.2013
- 06.30.2021 | Bloomberg Law
- 06.07.2021 | Bloomberg Law
- Chambers Recognizes Nossaman's Eminent Domain & Valuation, Environment & Land Use, Healthcare, Infrastructure and Real Estate Groups05.24.2021 | Chambers USA
- 05.06.2021 | Bloomberg
- 02.04.2021 | Bloomberg Law
- 12.22.2020 | Law360
- 12.15.2020 | Bloomberg
- 10.02.2020 | Texas Lawyer
- 09.03.2020 | Inframation
- 09.03.2020 | Bloomberg
- 08.12.2020 | Bloomberg Law
- 07.06.2020 | Washington Post
- 06.10.2020 | The Legal 500
- 05.06.2020 | PFI
- 04.27.2020 | Law360
- Chambers Recognizes Nossaman's Eminent Domain & Valuation, Environment & Land Use, Healthcare and Infrastructure Groups04.23.2020 | Chambers & Partners
- 09.17.2019 | Law360
- 09.01.2019 | Texas Lawyer
- 08.14.2019 | Texas Standard
- Chambers Recognizes Nossaman's Eminent Domain, Environment & Land Use, Healthcare, and Infrastructure Groups04.25.2019 | Chambers & Partners
- 11.16.2016 | Law360
Community & Professional
American Bar Association – Environment, Energy and Resources Section
Austin Bar Association, Member
Honors & Recognitions
Chosen for individual recognition for Environmental Law in Texas by Chambers USA, 2019-2021
Listed, The Legal 500 United States, Industry Focus - Environment - Litigation, 2020
Listed, The Legal 500 United States, Industry Focus - Energy - Renewable/Alternative Power, 2020
Named a Texas Trailblazer by the Texas Lawyer, 2020
Selected as an Environmental Rising Star by Law360, 2019
Received the Texas Lawyer's Professional Excellence Award: On the Rise, 2019
- George Washington University Law School, J.D., 2006
- Colorado College, B.A., 2002
- U.S. District Court, Western District of Texas