January 13, 2009
Revisions to Endangered Species Consultation Rules and the Future of the ESA
ABA SEER Endangered Species Committee
The Environmental, Energy and National Resources Section of the District of Columbia Bar
and The Environmental Law Institute
On December 16, the Department of Interior revised the implementing regulations for Section 7 of the Endangered Species Act (ESA), which govern consultations between federal agencies when federal action may affect threatened species. This rule has been controversial both because of the substance of the changes made to existing regulations and the timing of its issuance just before the end of the Bush Administration. Among other things, the rule gives federal agencies more authority to review the impact of their own actions on species and minimizes the consideration of greenhouse gas effects on protected species during consultations.
Our distinguished panel of experts discussed how these revisions to the ESA Section 7 program will affect species recovery, agency consultations, and the regulated community. In addition, they discussed the likely future direction of the ESA, including the impact of pending species listing decisions on energy development, climate change and the Act, wolf delisting, and reauthorization prospects for the ESA.
Lawrence R. Liebesman, (moderator) Partner, Holland & Knight
Michael J. Bean, Senior Director of the Wildlife Program and Senior Attorney, Environmental Defense Fund
Michael Bogert, Counselor to Secretary Kempthorne, Department of the Interior
Duane Desiderio, Staff Vice President, Legal Affair, National Association of Home Builders
Bob Irvin, Senior Vice President for Conservation Programs, Defenders of Wildlife
Article: A Recovery Plan for the Endangered Species Act
Holland & Knight Environment Alert January 7, 2009
Desiderio Power Point
Attendees are invited to bring a brown bag lunch.