NATURAL RESOURCES AND ENDANGERED SPECIES

The National Environmental Policy Act (NEPA), which was enacted in 1969, established a national policy to “encourage productive and enjoyable harmony between man and his environment.” In furtherance of this policy, NEPA requires all federal agencies to take into account certain considerations when engaging in major federal actions that significantly affect the quality of the human environment. Specifically, federal agencies, before granting certain environmental approval, will consider (among other criteria) the project’s impact on the environment and compare the impact with alternatives to the proposed action.

Dawda Mann is experienced in representing private developers. If the project impacts natural resources or requires permits and approvals from the federal government, these approvals can rise to the level of major federal actions that trigger the agencies to investigate the impact of the project through the preparation of an environmental impact statement. The firm’s environmental attorneys work toward the goal of the developer to avoid an agency determination of significant impact which can result in a permit denial and stop the developer’s project in its tracks.

In addition to NEPA, some developments have the potential to adversely impact plants or animals (or their habitat) that are protected by the federal Endangered Species Act (ESA) and similar state laws.

We have represented corporate clients impacted by each of the four main sections of the ESA:

Impacting such endangered species without federal and/or state approval can result in significant civil and criminal penalties. Accordingly, prior to developing a previously undeveloped area, developers should hire an experienced environmental consultant to determine if threatened or endangered species or their habitat is present.

Dawda Mann’s environmental attorneys have significant experience working with NEPA and the ESA and their state counterparts. Working with a variety of local and national environmental consultants, we have helped numerous clients avoid costly and protracted litigation by guiding them through the regulatory process and assisting with the preparation and/or review of environmental impact assessments, endangered species assessments and endangered species mitigation plans. When litigation is not avoidable, our attorneys will help you achieve the best solution possible.

Brian J. Considine

Senior Attorney

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Robert A. Wright III

Member

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Kalamazoo River Oil Spill – Two Years Later

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Two years ago this week an oil pipeline owned by Canadian-based Enbridge oil company and operated by Enbridge Energy Partners ruptured spilling more than a million gallons of “dilbit” crude oil into the Kalamazoo River [...]

Revisions to the Federal Trade Commission “green Guides”

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The Federal Trade Commission (FTC) on October 1, 2012 released the revised “Green Guides“, which is designed to help marketers with describing the environmental attributes of their products, so that advertising is truthful and non-deceptive [...]

Congress Extends Wind Energy Tax Credit

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