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 & Safety 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.
- Climate Change
- Compliance and Enforcement
- Emerging Technologies
- End-of-Life Product Management
- Endangered Species
- Energy Efficiency
- Environmental Regulation, Litigation, and Counseling
- Hazardous Materials Transportation
- Import, Export, and Transportation
- Manufacturing and Materials Restrictions
- Occupational Health and Safety
- Pesticides and FIFRA
- Product Safety
- Product Stewardship and Recycling
- Recalls and Reverse Distribution
- Supply Chain and Transactional Support
- Toxic Substances Control Act (TSCA)
Related News & Insights
- EventThe Basics of the Endangered Species Act and Its EvolutionWomen in Government RelationsOctober 18, 2019Erik C. Baptist
- ArticlePractitioner Insights: Do Inerts Trigger ESA?Bloomberg BNA’s Daily Environment ReportAugust 25, 2017Tracy Heinzman, Martha E. Marrapese, David B. Weinberg
- Press ReleaseWiley Rein Represents Agricultural Chemical Industry in Major Ninth Circuit WinFebruary 6, 2017David B. Weinberg
- ArticleSummer Decisions Shape the ESA-FIFRA Battlefield: Part 2Law360October 16, 2015David B. Weinberg