SPECIAL RULES UNDER SECTION 4(D) - CONSERVATION OR COMPROMISE?

• Jurisdiction: United States

Endangered Species Act
(Nov 2015)
CHAPTER 7D
SPECIAL RULES UNDER SECTION 4(D) - CONSERVATION OR COMPROMISE?
Hadassah M. Reimer
Associate
Holland & Hart LLP
Jackson, WY

[Page 7D-1]

HADASSAH M. REIMER is Of Counsel with Holland & Hart LLP in Jackson Hole, Wyoming. Ms. Reimer advocates for clients in matters involving federal and state environmental regulation, including environmental impact assessment, endangered species, and permitting aspects of project development on public, private, and tribal lands for a variety of oil and gas, coal, renewable energy, mining, infrastructure, and water clients. She has defended project authorizations for oil and gas, mining, water, and other clients before the Interior Board of Land Appear and the federal courts, and successfully argued cases before the Wyoming Supreme Court. In tribal matters, Ms. Reimer has experience assisting clients in negotiation of mineral leases and rights-of-way in Indian Country. She also has experience litigating royalty disputes and advising private and Indian tribes on environmental compliance on tribal land.

Special Rules Under Section 4(d) - Conservation or Compromise?

Moderated by: Dessa Reimer

Panelists: Frank Lupo

Jason Rylander

Sarah Stauffer Curtiss

RMMLF ESA Special Institute --Nov. 4, 2015

ESA of 1973

• Prior to 1973

o Endangered Species Preservation Act of 1966

o Endangered Species Conservation Act of 1969

o Both protected only "endangered" species

• ESA of 1973 added a new category of "threatened" species

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Endangered v. Threatened

• Endangered - "in danger of extinction throughout all or a significant portion of its range." 16 U.S.C. § 1532(6).

• Threatened - "likely to become endangered within the foreseeable future." 16 U.S.C. § 1532(20).

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