Wildlife Risk in Project Development: Planning With ESA, NEPA, and Regulators in Mind

Federal and state wildlife protections impose considerable requirements on project developers. The Endangered Species Act (ESA), National Environmental Policy Act (NEPA), Bald and Golden Eagle Protection Act (BGEPA), and Migratory Bird Treaty Act (MBTA) must be carefully followed or projects face significant litigation and regulatory impact. Arising throughout project planning and permitting, but especially when siting, habitat disruption, or species "take" may occur. Even absent federal funding, projects can be stopped or delayed following insufficient environmental review or mitigation plans.

Recent case law has limited the use of speculative data, reinforcing the need for documented, science-based decisions. Litigation and administrative policy shifts continue to reform how NEPA, ESA, and other regulations apply. Developers must now show compliance and due diligence to keep on track.

Listen as our panel covers legal obligations, planning challenges, and strategies to minimize risk during project planning across industries. Learn how developers and counsel can avoid trouble by properly structuring records, coordinating with the public and regulators, and execute on strategies to exceed current requirements and avoid delays.