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

Ms. Marcus 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.

Mr. Odell is a top-tier litigator who has served in all three branches of the U.S. government, he has played a pivotal role in resolving some of the most complex and contentious issues in environmental, natural resources, and energy law in both the public and private sectors for more than 25 years. Mr. Odell represents clients in federal environmental and natural resources litigation and matters involving uses of public lands and resources, federal environmental compliance, and energy development. He joined Marten following a distinguished career as a litigator for the U.S. Justice Department, where he successfully handled many of the most consequential and controversial environmental disputes in the West over the past several decades. These cases involve resources and issues ranging from timber, mining, water quality and use, developed recreation, transportation, grazing, listed species, wetlands, and energy (encompassing production, transmission, and rate-setting) matters. Mr. Odell has served as lead litigation counsel in literally hundreds of federal cases at both the appellate and district court levels and has been at the forefront of multiple key initiatives involving extremely sensitive environmental issues.

Mr. Reagan serves as Deputy Chair of B&D’s Natural Resources and Project Development (NRPD) Group, including its Endangered Species Act (ESA), NEPA, and Wetlands Practice. He has experience avoiding and mitigating triggers that may delay a project’s completion or increase litigation exposure. As part of the B&D NRPD team, Mr. Reagan tracks these developments and minimizes foreseeable client setbacks. He has both administrative and civil litigation experience, working to advance business and industry interests. Mr. Reagan has challenged unlawful regulations and defended permits from environmental NGO opposition on behalf of various industry sectors.