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Sponsored by Lorman Education
Product ID: 405160EAU
Credit & Course Provided by:

The Intersection of Water law and the Endangered Species Act

OnDemand Webinar (100 minutes)

Ensure your operations are in compliance with the ESA requirements, including the newly adopted revisions to the federal regulations.Many water professionals do not fully understand what types of water operations require coverage under the ESA, or how to obtain that coverage. This material will help water professionals gain a better understanding of what types of actions trigger the need for ESA coverage and what options are available to obtain coverage. You will also gain a better understanding of how critical habitat is defined in the context of water resources, and what this means for water operations. The material also explains the important ESA role states play in the context of water, and how the ESA integrates with other commonly encountered federal environmental laws. Failing to have a proper understanding of the broad scope of the ESA in the context of water operations can lead to violations resulting in embarrassing negative publicity, costly litigation, and even potential criminal liability.


Jennifer Buckman, Bartkiewicz, Kronick & Shanahan
Meredith Nikkel, Downey Brand LLP Kathy Robb, Sive, Paget & Riesel P.C.


Obtaining ESA Coverage Under Section 7 Consultations or Section 10 Habitat Conservation Plans

• Section 7 Application to Agency Actions Involving Water Rights

• Section 10 Habitat Conservation Plans

• Why Is Coverage Needed? The Section 9 Take Prohibition

Fifth Amendment Takings

• Regulatory vs. Physical Takings in Water Rights

Critical Habitat and Aquatic Species

• Effect of Weyerhaeuser Co. v. U.S. Fish and Wildlife Service Decision

• Reconciling Weyerhauser's Capable of Being Occupied Standard With Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon

Effect of Revised ESA Regulations on Water Diversions and Rights

• Revised Regulations for Listing Species and Designating Critical Habitat

• Revised Regulations for Prohibitions to Threatened Wildlife and Plants

• Revised Regulations for Interagency Cooperation [Delayed Effective Date]

• Implications for Water Professionals

The States, the ESA, and Allocation of Water

• State Involvement in the ESA

• State Endangered Species Laws

• How the ESA Affects Water Disputes Between the States: Florida vs. Georgia

• How the ESA Affects Clean Water Act Disputes: County of Maui v. Hawaii Wildlife Fund

• How the ESA Affects FERC Licensing Proceedings