Compliance with the Endangered Species Act, the Migratory Bird Treaty Act, and other species conservation laws continues to present a major challenge for transportation project development across the country. Important current actions include the creation of programmatic agreements designed to promote species and habitat preservation together with more predictable infrastructure approval. The listing or proposed listing of certain species has led to efforts to negotiate complicated Habitat Conservation Plans as well as the use of species conservation banks. Litigation challenges to federal agency enforcement of the ESA are still extremely common. This panel reviewed recent trends and best practices in species conservation law impacting transportation planning and development.
Fred Wagner, Partner, Venable LLP
William M. Sloan, Partner, Venable LLP
Naomi Kisen, Utah Department of Transportation
Brooke Wahlberg, Nossaman LLP
Visit the 56th Annual Workshop on Transportation Law event page for more information.