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Endangered Species Act and NRD Practice: An Overview

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Presentation on theme: "Endangered Species Act and NRD Practice: An Overview"— Presentation transcript:

1 Endangered Species Act and NRD Practice: An Overview
Tracy Hester Environmental Practicum Feb. 27, 2019

2 ESA – Key Concept Review
Section 4 – Listing Endangered, Threatened, Special 4d Rule Candidate Conservation Agreement Section 7 – consultation Federal action Jeopardy Biological assessment, BiOp, Incidental Take Permit Section 9 – Taking All persons; includes critical habitat destruction Habitat Conservation Plans

3 Example – Hill Country Wind

4 Creative options What federal permits are actually necessary?
Mitigation steps – create new habitat Can you finesse operating periods? Market mechanisms – ESA banks Insurance and risk spreading Remember – Texas law, and Texas actors

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8 Natural Resource Damage – assessment and recovery
Key concepts NOT section 107 CERCLA cost recovery for cleanup costs Trustees (including states and tribes) Not response, but recovery Exceptions still apply – 107b, federally permitted releases Statute of Limitations Lost use of resources vs restoration – how to put a price tag? Settlement frameworks and strategies

9

10 Looking ahead on NRD legal developments
Climate change? Interplay with ESA and natural resource statutes? Aerial emissions? Public trust doctrine? Criminal liability? Resource for you – Natural Resource Damage Liability Law

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