Endangered and threatened species (often referred to as “imperiled species”) are protected by both federal and state laws. The presence of imperiled species, their dens/nests, eggs, or habitat on private property can impact planned projects and the use of private property.
Hopping Green & Sams works with our clients, their consultants, and regulatory agencies to ensure a project complies with imperiled species protections. Our attorneys are experienced in permitting, species mitigation and ecosystem management strategies, and developing agreements with the goal of ensuring that our clients’ projects move forward.
Areas of Service
Our lawyers have broad experience working with state and federal agencies to address a wide array of imperiled species issues.
Central to all our work on imperiled species are our lawyers’ agency relationships. Very often, issues involving imperiled species can involve multiple state and federal agencies, including the Florida Fish and Wildlife Conservation Commission, the Florida Department of Environmental Protection, and the Florida Department of Agriculture and Consumer Services, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, and the National Marine Fisheries Service. We have relationships with staff at all these regulatory agencies that allow us to work cooperatively to obtain the regulatory approvals our clients’ projects require. In addition to assisting clients obtaining required permits for projects that have the ability to impact imperiled species, we also have experience in developing conservation banks that provide mitigation to these impacts. Further, we have experience in negotiating memoranda of agreements with agencies with respect to translocation of certain species and providing certainty with respect to species permitting as well.
Our lawyers also work proactively with regulatory agencies in the development of rules, regulations, management plans, and permitting guidelines for imperiled species. And we are often involved when these plans and guidelines are updated for various imperiled species.
In addition to our breadth of experience working with state and federal agencies involved in imperiled species regulation, our lawyers also have broad experience with the nuanced differences that arise among the imperiled species that may be impacted by a project. Our work has included terrestrial, marine, and wetland-dependent animal and plant species. We have worked on issues relating to the Florida manatee, Florida panther, gopher tortoise, black bear, red-cockaded woodpecker, sand skink, and more.
Whatever imperiled species issues a client might face, our lawyers have the experience and relationships to help work toward a successful resolution.
Contact one of our lawyers to learn more about how we can help.