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ENDANGERED SPECIES
Shute, Mihaly & Weinberger LLP represents government agencies and environmental groups seeking to protect endangered and threatened species and ensure compliance with federal, state, and local laws governing actions that affect these species. Members of the firm have expertise in both the Federal and State Endangered Species Acts.
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The firm represented the State of California in negotiations over the purchase and protection of the Headwaters Forest in Humboldt County. Many of the issues in the negotiations pertained to the Habitat Conservation Plan (HCP) for a variety of species inhabiting 200,000 acres of forests and waterways. The firm helped the State analyze the HCP that was negotiated by the federal government and develop additional protections for endangered species beyond those contained in the HCP. This representation involved difficult technical and legal issues affecting land that was highly valuable, both economically and environmentally.
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The firm, on behalf of the Sacramento Area Flood Control Agency (SAFCA), developed a conservation easement, management plan, grazing plan and endowment fund for property located in the City of Sacramento on which SAFCA will create and preserve habitat for federally protected species. The firm’s representation involved coordination with the U.S. Fish and Wildlife Service to obtain the necessary approvals to permit multiple land uses on the property, including flood control management, recreation, grazing, and habitat protection.
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The firm represented the County of Santa Cruz in its purchase of a portion of an active sand quarry containing federally and state protected species and an extremely rare plant community. In addition, the County acquired conservation easements on contiguous parcels. In conjunction with the quarry owner, the County worked with the California Department of Fish and Game, U.S. Fish and Wildlife Service and biological experts to develop a habitat conservation plan for the portion of the quarry where mining activities were permitted.
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The firm, together with a team of consultants, prepared a comprehensive evaluation of the local, regional, state, and federal regulatory requirements pertaining to endangered species within the Santa Barbara City limits and on the City’s beaches. The firm’s work included providing a full day of instruction to senior City staff regarding compliance with applicable requirements.