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.
Agenda
Faculty
Kathy Robb
Sive, Paget & Riesel P.C.
- Partner with Sive, Paget & Riesel, P.C. in New York City
- Practice focuses on environmental litigation on water-related issues before federal district and appellate courts across the country and in the U.S. Supreme Court, and on environmental issues in complex transactions often involving water issues; she represents clients on water-related disputes, water adequacy, endangered species issues, environmental impact reviews, river sites with contaminated sediments, solid and hazardous waste issues, and sites with contaminated groundwater
- Has represented clients in litigation about the All-American Canal lining and Glen Canyon Dam on the Colorado River; about the silvery minnow on the Rio Grande River, and about the whooping crane on the Guadalupe and San Antonio Rivers - those cases involved claims under the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act, and the Grand Canyon Protection Act, among other statutes and common law claims
- Serves as vice-chair of the Waterfront Alliance in New York City; is a former board member and currently the president of the Environmental Law Institute’s Leadership Council in Washington, DC; and has served as chair of the New York City Bar’s Environmental Committee and on its Executive Committee; she chaired the 31st Annual Water Law Conference in 2013 and was elected to the American College of Environmental Lawyers in 2016, where she heads the Regional Programs Committee
- She is recognized as a leading environmental lawyer in Chambers USA, Super Lawyers, International Who’s Who Legal, Who’s Who Legal, and Best Lawyers in America
- Can be contacted at [email protected] or 646-378-7248
Meredith E. Nikkel
Downey Brand LLP
- Partner in the Water Practice Group at Downey Brand LLP in Sacramento, California
- Practice addresses complex legal issues with novel solutions at all levels from administrative proceedings before the California State Water Resources Control Board to state and federal trial and appellate courts
- Has successfully defended public agencies in writ proceedings, settled multi-party groundwater disputes both informally and in court, and represented a broad group of water users in administrative and state court proceedings related to the California WaterFix project
- In representing clients across California, regularly analyzes ethical issues related to representations of individuals, private entities and public entities as well as potential conflicts of interest and conclusion of representation
- An editor of the California Water Law & Policy Reporter and was named one of the Sacramento Business Journal's Top 40 Under 40 in 2019
- After graduating from University of California at Berkeley and Stanford Law School, Meredith was a law clerk to the Honorable Barry Silverman of the Ninth Circuit Court of Appeals
- Can be contacted at 916-444-1000 or [email protected]
Jennifer Buckman
Bartkiewicz, Kronick& Shanahan
- Shareholder with Bartkiewicz, Kronick & Shanahan, a boutique firm focusing on environmental and water law
- Practice focuses on representing public agencies and private clients on water issues involving the federal and state Endangered Species Acts, federal reclamation and other water supply laws, and the California Environmental Quality Act and the National Environmental Policy Act; she has been litigating ESA issues for more than 20 years and has represented clients throughout California and in other parts of the west
- Following the supreme court's unanimous decision in favor of her clients in Bennett v. Spear, she obtained one of the first district court decisions in the country overturning a biological opinion as "arbitrary and capricious"
- She has also negotiated complex multiparty water settlements, such as the San Joaquin River Restoration settlement agreement and its federal implementing legislation, Public Law 111-11, which established an experimental population to reestablish California Central Valley Spring Run Chinook salmon in the San Joaquin River
- Obtained her law degree from University of California's Boalt Hall School of Law, where she served on Ecology Law Quarterly
- Serves as chair of the Legal Affairs Committee for the Association of California Water Agencies, and she frequently speaks on water law issues and topics and has been recognized by her peers as "best of the bar"
- Can be contacted at [email protected] or 916-446-4254
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