Archive: March 2016

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Robert J. Grey Joins K&L Gates
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Critical Habitat and the Endangered Species Act: Newly Enacted Regulations Threaten to Expand the Government’s Role and Discretion in the Permitting Process

Robert J. Grey Joins K&L Gates

K&L Gates is pleased to announce that Robert J. Grey has joined the firm as partner in the Washington, D.C. office.

Bob Grey has 40 years of energy and utility law experience, advising on regulatory, compliance, and corporate governance matters, as well as on various business acquisitions and mergers and spinoff initiatives. A member of our Energy practice and the Global Boardroom Risk Solutions initiative, Bob will focus on issues involving senior corporate leaders and board members. He joins the firm from PPL Corporation, where he served as executive vice president, general counsel, and chief legal officer. Previously, he was a partner at K&L Gates legacy firm Preston Gates & Ellis LLP.

Read the press release here.

 

Critical Habitat and the Endangered Species Act: Newly Enacted Regulations Threaten to Expand the Government’s Role and Discretion in the Permitting Process

In the summer of 2014, we reported on the U.S. Fish and Wildlife Service’s and the National Marine Fisheries Service’s (collectively, the “Services”) proposed changes to regulations implementing the Endangered Species Act (“ESA”).  As we indicated then, the proposals had the potential to expand the need to consult with the Services under the ESA, thereby making it possibly more difficult, time-consuming, and expensive to obtain permits from federal agencies such as the U.S. Army Corps of Engineers.  Among the proposed changes was an amendment to the definition of “destruction or adverse modification” of critical habit.

Not quite two years later, on February 11, 2016, the Services issued a final rule adopting a new definition of “destruction or adverse modification” under the ESA.  The new rule takes effect on March 14, 2016.  According to the Services, it should not alter the ESA consultation process and does not require the reevaluation of “previously completed biological opinions.”  As we foreshadowed in summer 2014, however, the new rule could impact the amount and substantive results of future consultations with the Services.

Read the full alert on K&L Gates HUB

 

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