How to Best Plan Your Client’s Projects to Avoid ESA Permitting Pitfalls American Bar Association 43rd Spring Conference The Federal Endangered Species Act (ESA) has resulted in the listing of thousands of species since it was first enacted in 1973. Over the last decade, NGOs have petitioned many hundreds of species decisions under the ESA, many of which were added to candidate lists but final decisions were not reached over many years following candidate designations. In a historic settlement agreement in 2011, the United States Fish and Wildlife Service (USFWS) agreed to make hundreds of listing or critical habitat decisions over the 20132018 time period. Many of these decisions are already impacting oil and gas development projects in a number of areas and have further potential to affect energy developments nationwide. This roundtable will provide a background to the ESA, the work plan under which the USFWS has agreed to make decisions, significant early actions under the plan, and how best to plan your client’s projects to avoid ESA permitting pitfalls moving forward. ABA 43rd Conference Tamara Klug 2404 022614 About the Speaker: Ms. Tamara Klug is a Senior Biologist with Cardno ENTRIX. She has over 20 years of experience spanning a variety of biological permitting and litigation areas including in the ESA permitting arena. Ms. Klug has guided her clients to help expedite the ESA permitting process, to avoid arduous and/or ineffective survey and mitigation requirements, and develop relationships with regulatory decision makers that streamline the regulatory process. She has direct experience working through all levels of ESA permitting from a simple no take concurrence that would allow a project to proceed without permitting to Habitat Conservation Plans that require years of research and planning. Recently, Ms. Klug has focused on strategic ESA support including providing comments on proposed USFWS ESA actions as well as providing information and recommendations to clients about how upcoming proposed listings and critical habitat designations could affect their operations. Cardno ENTRIX is an environmental, natural resource, and health sciences consulting firm specializing in water and natural resources management, environmental permitting and compliance, environmental liability management, economics, and health sciences. Our multidisciplinary team helps clients navigate complex environmental, natural resource, and business challenges and includes experts in human health toxicology, ecotoxicology, environmental chemistry, risk assessment, and industrial hygiene. Our scientific strengths are complemented by our in-house business solutions, economists, communication, and litigation support experts who are experienced in working collaboratively to meet our clients’ unique needs. Cardno ENTRIX has a national reputation as a leader in developing strategic and innovative solutions associated with the challenges of Endangered Species Act (ESA) compliance. Our staff is very familiar with the policies and procedures of the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) for implementing ESA. We routinely prepare materials to support issuance of biological opinions (Section 7) and incidental take permits (Section 10) that allow for the take of species protected under ESA. Additionally, we have extensive experience conducting status reviews, assessing population characteristics, assessing threats, developing conservation measures, and developing recovery strategies. We routinely review, organize, and interpret large quantities of scientific information for our clients to support decisions made under ESA. Cardno ENTRIX joined global consulting firm Cardno in 2010 and operates within Cardno’s Natural Resources Management and Health Sciences Division. Cardno ENTRIX is an environmental, natural resource, and health sciences consulting firm specializing in water and natural resources management, environmental permitting and compliance, environmental liability management, economics, and health sciences. Cardno ENTRIX helps clients navigate complex environmental, natural resource, and business challenges with teams of multi-disciplinary specialists wellversed in creative problem-solving techniques. Founded in 1945, Cardno partners with public and private clients to solve engineering, environmental, human health, and social challenges. With over 300 offices worldwide, Cardno provides clients with access to over 8,000 professionals focused on delivering customized consulting solutions to plan, design, and construct social and physical infrastructure. Tamara Klug Senior Project Scientist 805 962 7679 201 N. Calle Cesar Chavez Suite 203 Santa Barbara, CA 93101 [email protected] 1 800 368 7511 www.cardnoentrix.com www.cardno.com