Endangered Species

Balch & Bingham’s Environmental & Natural Resources Practice has worked with developers, property owners, industrial clients, waterway users, and others to resolve a wide array of Endangered Species Act (“ESA”) issues. We have attorneys with extensive previous experience working at the U.S. Department of Interior, and we have a long history of working with (and, where necessary, against) the U.S. Fish and Wildlife Service.

We have worked with many clients to navigate Section 7’s consultation process, including the development of biological assessments, biological opinions, and incidental take statements. We have assisted clients with voluntary conservation efforts, including participating in the federal Private Stewardship Grant Program. We have spearheaded efforts to oppose unlawful listing decisions and critical habitat designations. We have also prepared and submitted comments in response to other listing decisions and critical habitat designations.

We have worked extensively on ESA reform for many years---from enacting legislation and seeking reform in Washington, to participating in the adoption of various regulations, all the way through to litigating some of the most contentious aspects of the ESA.