Co-counsel on a brief amici curiae for Idaho Governor C.L. “Butch” Otter and the Idaho Office of Species Conservation arguing for abandonment or modification of the “Federal Defendant” rule in the Ninth Circuit. The judicial doctrine prohibits non-Federal parties from intervening in the merits phase of NEPA litigation.
Co-Counsel to Idaho Governor Otter in a challenge to the final rule listing Lepidium papilliferum (Slickspot peppergrass) as a threatened species under the Endangered Species Act (ESA) by the Department of the Interior, 74 Fed. Reg. 52,014 (Oct. 8, 2009). The case raised claims under the Federal Administrative Procedure Act and the ESA testing the final determination to list the plant species after significant commitments were made to proactive habitat protection under a broad Candidate Conservation Agreement.
Counsel of record for Western Urban Water Coalition, Denver Water Board, Metropolitan Water District of Southern California, and City of Tucson Water Department. Authored brief amici curiae arguing for reversal of District Court decision requiring Endangered Species Act consultation by the United States Bureau of Land Management under Section 7(a)(2) where BLM took no appreciable Federal "action" under the ESA related to vested rights-of-way under the Mining Law.
Counsel of record for Defendant-Intervenors Idaho Governor Dirk Kempthorne, the Governor’s Office of Species Conservation and Administrator James L. Caswell in an action challenging the January 2004 decision by the Department of Interior to withdraw the proposed rule to list Lepidium papilliferum (Slickspot peppergrass) as an endangered plant under the Federal Endangered Species Act.
Counsel of record for Defendant-Intervenors Idaho Governor Dirk Kempthorne and the Governor’s Office of Species Conservation in an action challenging the April 2003 decision by the Department of Interior to downlist to threatened from endangered status a portion of the distinct population segment of Canadian gray wolves under the Federal Endangered Species Act.