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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Environmental

Date & Time
  • event Date

    Thursday, November 6, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$297.00
$252.45
Save $44.55

Discount expires 10/15/25

This course is $0 with these passes:

CLE
ALL

This CLE course will guide land use, energy, and environmental attorneys when encountering wildlife-related challenges to infrastructure and development projects, whether early in the permitting process or related to post-completion compliance.

Faculty

Brooke M. Marcus
Partner
Nossaman LLP

Ms. Wahlberg focuses her practice on various areas of environmental law, including the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA). She counsels some of the nation’s largest electric generation and transmission companies, wind energy companies, pipeline companies, real estate developers, governmental entities, species conservation bankers, investment companies, and mining companies on policy-level and project-specific issues arising under ESA, BGEPA, MBTA, CWA, and NEPA.

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Description

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.  

Outline

I. Overview: wildlife protection schemes (ESA, NEPA, others)

II. Common project risks and planning challenges

III. Case law impacting wildlife reviews under federal and state systems

IV. Best practices to avoid, minimize, and mitigate

V. Coordinating multiple agencies, public engagement, and project defense

Benefits

The panel will review these and other key issues:

  • Identifying ESA, NEPA, and BGEPA triggers at various stages
  • Strategies and tools to avoid conflicts and streamline permitting and project execution
  • Recent case law impact