Species Protection: Critical Legal Issues
Why Attend?
Endangered Species Act (ESA) issues are now common and significant considerations in land, water, and energy development activities in many parts of the nation. The Act’s provisions also heavily affect other key economic activities, such as timber harvesting, agriculture, aquaculture, electric power generation, and coastal development. Major lawsuits have been filed challenging the application and even the constitutionality of the ESA. To call the ESA the veritable “800-pound gorilla” of environmental legislation is to understate the Act’s importance to the species, agencies, landowners, developers, and citizens that fall within the ambit of the broadly worded legislation.
A diverse faculty drawn from the ranks of practicing attorneys in the private bar and attorneys and related professionals in government, the public interest community, academia, and corporate settings ensures full coverage of the Act and of the legal and policy considerations that underlie it.
What You Will Learn
This advanced course of study, comprising nearly 9 hours of instruction, has been designed to provide both a primer on the federal ESA and detailed discussions of ESA provisions and related issues/developments. Top federal officials and practitioners provide up-to-date perspectives on current regulatory and legislative proposals and case law developements. An optional introductory lecture outlines the basic structure of the ESA and its key provisions. A full optional hour of ethics instruction is offered over the lunch break.
Other course segments examine:
• Species listing
• Recovery planning
• Designation of critical habitat
• Landowner incentives
• Incidental takings
• Interagency consultation under the federal Act
• Emerging issues of climate change and the ESA, including under avian protection laws
Planning Chairs
Donald C. Baur, Perkins Coie LLP, Washington, D.C.
Lawrence R. Liebesman, Holland & Knight LLP, Washington, D.C. (also on faculty)
KEYNOTE SPEAKER
Michael Bean, Counselor to the Assistant Secretary of the Interior, Fish, Wildlife and Parks, Washington, D.C.
Faculty
Nicole Alt, Chief, Division of Conservation and Classification, U.S. Fish and Wildlife Service, Arlington, Virginia
Seth M. Barsky, Chief, Wildlife and Marine Resources Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Alan M. Glen, Smith, Robertson, Elliott, Glen, Klein & Douglas LLP; Austin, Texas
Eric Glitzenstein, Meyer Glitzenstein & Crystal, Washington, D.C.
Helen M. Golde, Acting Director, Office of Protected Resources, NOAA - National Marine Fisheries Service, Silver Spring, Maryland
Norman D. James, Fennemore Craig, P.C., Phoenix
John F. Kostyack, Vice President, Wildlife Conservation, National Wildlife Federation, Washington, D.C.
Ya-Wei Li, Endangered Species Policy Analyst, Defenders of Wildlife, Washington, D.C.
Erika Eaton Malmen, Perkins Coie LLP, Boise, Idaho
Patrick A. Parenteau, Senior Counsel to the Environmental and Natural Resources Law Clinic and Professor of Law, Vermont Law School, South Royalton
Steven P. Quarles, Crowell & Moring LLP, Washington, D.C.
J.B. Ruhl, David Daniels Allen Distinguished Chair in Law, Vanderbilt University Law School, Nashville
Jason C. Rylander, Senior Staff Attorney, Defenders of Wildlife, Washington, D.C.
P. Lynn Scarlett, Visiting Scholar and Co-Director, Center for the Management of Ecological Wealth, Resources for the Future, Washington, D.C.
Janice M. Schneider, Latham & Watkins LLP, Washington, D.C.
Paul Souza, Deputy Assistant Director, Endangered Species, Department of the Interior, U.S. Fish & Wildlife Service, Arlington, Virginia
Margaret N. Strand, Venable LLP, Washington, D.C.
Patricia L. Wells, General Counsel, Denver Water, Denver
ALI-ABA Course Attorney: Kevin J. O’Connor, Associate Director, Office of Courses of Study
OTHER ALI-ABA COURSES OF STUDY/WEBCASTS
Environmental Law
February 1-3, 2012, Washington, D.C. and video webcast, CT038/WAT038
Criminal Enforcement of Environmental Laws
April 26, 2012, Washington, D.C. and video webcast, CT036/WAT036
Environmental Litigation
June 20-22, 2012, Washington, D.C. and video webcast, CT051/WAT051
Program Schedule
Thursday, May 3, 2012
5:00 p.m. Early Registration and Joint Networking Reception with Wetlands Law and Regulation Registrants and Faculty, Hosted by:
• Holland & Knight LLP
• Hunton & Williams LLP
• Marten Law PLLC
• Perkins Coie LLP
• Venable LLP
VIDEO WEBCAST SEGMENT A
6:00 p.m. Optional Introductory Lecture on the Federal Endangered Species Act – Mr. Liebesman and Ms. Malmen
7:00 p.m. Adjournment for the Day
Friday, May 4, 2012
7:15 a.m. Registration and Continental Breakfast
8:10 a.m. Administrative Remarks – ALI-ABA Staff
VIDEO WEBCAST SEGMENT B
8:15 a.m. Introductory Remarks and Course Overview – Messrs. Baur and Liebesman
8:30 a.m. Keynote Address – Mr. Bean
9:15 a.m. ESA Administrative Improvement – Mr. Li and Mss. Alt, Golde, and Wells
10:30 a.m. Networking and Refreshment Break
10:45 a.m. Special Habitat Protection and Recovery – Professor Parenteau and Messrs. James and Rylander
11:45 a.m. Landowner Incentives – Mr. Glen and Ms. Scarlett
12:45 p.m. Lunch (provided by ALI-ABA)
VIDEO WEBCAST SEGMENT C
1:00 p.m. Optional Lunchtime Session: Ethical Issues in Environmental Law (Video with live questions and answers) – Mr. Liebesman and Ms. Strand
2:00 p.m. ESA, Avian Protection, and Other Legal Mechanisms Related to Climate Change – Messrs. Kostyack and Quarles and Professor Ruhl
3:15 p.m. Networking and Refreshment Break
3:30 p.m. ESA Litigation and Enforcement – Messrs. Barsky and Glitzenstein and Ms. Schneider
4:45 p.m. Adjournment
Total 60-minute hours of instruction: (including the optional introductory lecture and lunchtime session): 8.75, including one hour of ethics
Suggested Prerequisite: Some experience with species protection issues/legal practice and/or attendance at optional introductory lecture
Educational Objective: Acquisition of knowledge and skills to address issues of species protection law; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
“This is the most useful CLE I have ever attended...I hope it will be offered on an annual basis!”
“Another excellent ALI-ABA program…Very impressive.”
“I thought the course was excellent and the faculty engaging and well informed.”
“This was a very good CLE. The materials are very helpful – particularly summaries of an area and updates in case law. The ESA enforcement litigators were excellent--very helpful to hear the honest dialogue and debate. Very professionally done and informative.”
“Having government and administration presenters helped broaden the perspective of the several topics that they presented.”
“Good balance between industry/private interests and environmentalists. Lots of good information.”
Times
Eastern
