The federal Endangered Species Act (ESA) has been described as the most comprehensive legislation for the preservation of endangered species enacted by any nation. The stringent provisions of the ESA have been used by environmental groups and other organizations for decades to halt construction projects, resource development, and federal licensing. It has recently become the prime weapon of environmental groups in attempting to shape U.S. pesticide regulation and climate change law and policy. Wiley’s Environment & Product Regulation attorneys are directly involved in helping to resolve ESA issues that affect the pesticide chemical, residential development, and telecom industries.

Representative Recent Experience:

  • Successfully representing two of the world’s largest agricultural chemical manufacturers in a precedential suit before the U.S. Court of Appeals for challenging the adequacy of a National Marine Fisheries “biological opinion.”
  • Intervening on behalf of the major trade association of agricultural chemical suppliers and individual pesticide manufacturers in lawsuits brought by environmental groups against the EPA for EPA’s failure to consult under Section 7 of the ESA in connection with the registration of pesticides under FIFRA.
  • Representing one of the nation’s largest power companies in connection with the decommissioning of several dams in Northern California, implicating both ESA and water supply and water quality issues. 
  • Counseling telecommunications companies on ESA implications associated with the construction and maintenance of cell phone towers and related compliance issues.

Contact Us

David B. Weinberg
202.719.7102 | dweinberg@wiley.law

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