Press Releases Jan 03, 2023
Best Best & Krieger Promotes Five Attorneys to Partner
2023 Promotions and Re-elections to the Executive Committee
Endangered Species
Developing projects without properly addressing endangered species laws can be a costly, if not fatal, error. Proactive planning is key to containing costs, obtaining required approvals and enabling projects to proceed.
Best Best & Krieger LLP attorneys have decades of experience addressing endangered species and other environmental regulatory challenges to public and private development. We are adept at managing the interplay of environmental laws, including the California and federal Endangered Species Acts, the Natural Community Conservation Planning Act, the federal Clean Water Act, state water quality laws and others. With long-standing, effective working relationships with the wildlife agencies that administer these laws, we have earned the respect of regulators and can streamline assessment reviews, approvals and permitting — speeding up the process and containing costs while assuring endangered species and their habitats are protected.
Comprehensive Service
BB&K takes a proactive approach, evaluating each project and establishing a plan to assure timely project completion while avoiding surprises and minimizing the likelihood of legal or regulatory challenges. Our team represents clients throughout a project’s life, from pre-acquisition planning through completion, before regulatory bodies and in court when disputes arise.
From single species, smaller-acreage residential and commercial development projects to many of the largest multi-species habitat conservation plans in the nation, including infrastructure, transportation, telecommunication, energy-related and facilities projects, BB&K leads the way. We help public agencies, including cities, counties and special districts, as well as developers, landowners and others in the private sector, develop, implement, strategize and manage species and habitat issues, and negotiate related agreements.
We draft, review and obtain approval for conservation easements, assist with establishing and managing conservation banks for endangered species and sensitive habitats and negotiate transactional aspects of mitigation property acquisitions. Additionally, we regularly handle Section 7 formal consultations, assist in obtaining incidental take permits, navigate the biological opinion process, and advocate regarding proposed new species listings and critical habitat designations.
Cutting-Edge Litigators
We are on the cutting edge in asserting our clients’ interests before various regulatory bodies and in courts, and as counsel for public agencies charged with ESA compliance. Our litigators have repeatedly prevailed in endangered species cases.
- Helped create habitat conservation projects that have ranged from a 10-acre property that harbors one species to some of the largest plans in the nation. The Western Riverside County Multiple Species Habitat Conservation Plan, for example, covers more than 1 million acres and protects nearly 150 species. Represented coalition of water agencies in endangered fish species litigation related to Delta water supplies.
- Helped the City of Laredo, Texas obtain an ecosystem restoration contract from the U.S. Army Corps of Engineers. The $2.44 million contract was awarded to both Laredo and a private company as part of a cost-share partnership to restore and preserve part a swath of land along the Rio Grande river bend in Laredo.
- After obtaining a unanimous decision from the U.S. Supreme Court allowing resource users in the Klamath Basin standing to challenge a biological opinion, BB&K won a summary judgment in the district court, resulting in one of the few published decisions overturning a biological opinion as “arbitrary and capricious.”
- Litigated a suit challenging the U.S. Fish & Wildlife Service’s pattern and practice of disregarding economic impacts analysis when designating critical habitat.
Legal Alerts Dec 02, 2022
CEQA Document Filing Fees Increase for 2023
BB&K In the News Jun 07, 2022
Steve Anderson Discusses California Endangered Species Ruling with Wall Street Journal
BB&K In the News Mar 18, 2022
BB&K’s Sarah Foley and Family Featured in The Houston Lawyer
“Law in the Family” Profile Ran in January/February Issue
BB&K In the News Feb 01, 2022
Eric Garner and John Brown Publish Art Littleworth Tribute
Tribute Runs as Riverside Lawyer Magazine Cover Story
Legal Alerts Dec 02, 2021
CEQA Document Filing Fees Increase for 2022
California Department of Fish and Wildlife Announces Annual Adjustments
Press Releases Oct 20, 2021
BB&K Pays Tribute to the Late Arthur Littleworth, Former Senior Partner
Firm Honors Littleworth’s Distinguished Character, Trailblazing Water Practice and Rich Legacy
Client Successes Apr 21, 2021
Citing Potential Water Waste, Court Sides with California Dam Operators
Federal Court Denies Injunction
Legal Alerts Dec 09, 2020
CEQA Document Filing Fees Increase for 2021
California Department of Fish and Wildlife Annual Adjustments
Legal Alerts Sep 24, 2020
Western Joshua Trees Receive Temporary Protection Under the California Endangered Species Act
Designation Impacts Local Ordinances and Developments Involving the Tree
Legal Alerts Sep 10, 2020
Critical Habitat Designation Regulation Change Proposed
U.S. Fish and Wildlife Services Proposes New Rule Regarding Exclusion of Lands from Critical Habitat for Federally Listed Species
Event Jan 24, 2020
34th Annual Land Use Law & Planning Conference
UCLA Extension Public Policy Program
Press Releases Jan 17, 2020
BB&K Partner Andre Monette Testifies Before U.S. House Natural Resources Subcommittee on FISH Act
Water, Oceans, and Wildlife Legislative Hearing on H.R. 4723
Legal Alerts Jan 13, 2020
New Environmental and Telecommunications Laws
Part 3: California Laws Impacting Public Agencies for 2020
Legal Alerts Dec 10, 2019
CEQA Document Filing Fees Increase for 2020
California Department of Fish and Wildlife Annual Adjustments
Authored Articles & Publications Apr 30, 2019
"California Water," Third Edition
Eric Garner’s Updates to Text on Historical, Legal and Policy Issues Affecting California Water Use
Press Releases Dec 17, 2018
BB&K Welcomes Water and Environmental Partner Lowry Crook
Served Senior Positions with the Army Corps of Engineers and the White House
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Legal Alerts Dec 13, 2018
California Department of Fish and Wildlife Annual CEQA Document Filing Fee Increase
Effective Jan. 1
Legal Alerts Dec 04, 2018
U.S. Supreme Court Limits Agency Discretion Under ESA
Critical Habitat for Endangered Species Decision
Press Releases Oct 08, 2018
BB&K’s Environmental Law & Natural Resources Practice Expands
Firm Welcomes Four New Attorneys to Group
BB&K In the News May 16, 2018
Profile: BB&K CEQA Attorney Amanda Daams
Riverside Lawyer Magazine Features the RCBA Barristers' Past President
Videos Apr 24, 2018
The Price of an Aging Infrastructure on the Environment
The Bill is Due: Now What? Infrastructure, Pensions and the Environment
BB&K In the News Mar 22, 2018
Debating an Environmental Water Right in California
Managing Partner Eric L. Garner Interviewed by the Water Education Foundation
Client Successes Feb 05, 2018
Water Law Case Overturned for City
BB&K Partners Gene Tanaka and Shawn Hagerty Win in California Appellate Court
Authored Articles & Publications Jul 12, 2017
House Passes California Water Bill
By Ana Schwab
Authored Articles & Publications Jul 12, 2017
Tracking Trump’s Appointments
By John Freshman and Ana Schwab
Press Releases May 25, 2017
Partners Michelle Ouellette and Kelly Salt Named Top Women Lawyers
Daily Journal’s Annual List of California’s Best Female Attorneys
Press Releases Jan 20, 2017
Southern California Super Lawyers 2017
Five BB&K Partners Receive Honor
Videos Nov 18, 2016
Steve M. Anderson Video Bio
Partner
Authored Articles & Publications Nov 09, 2016
Endangered Fish v. Humans: The Fight Over Competing Water Needs
The Struggle to Find Balance is Explored by BB&K Partner Gene Tanaka in Municipal Lawyer Magazine
Videos Sep 15, 2016
Using Nature's Technology in Response to Drought
Reimagining the Cadillac Desert
Legal Alerts Aug 30, 2016
Environmental Groups to Sue Fish & Wildlife Service Over Listing of 417 Species
Development Projects in California May be Impacted
Legal Alerts Jan 21, 2016
Shasta Lake Water Levels Subject of New Litigation
Water Contractors Challenge SWRCB Order Potentially Restricting Water