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Natural Resources

Years spent representing clients in fishery, forestry and hydroelectric operations have given us exceptional experience with natural resources law and policy. Consequently, we are well qualified to represent resource-based industries as they face a growing array of complex regulatory schemes. Our services include helping clients who want to develop natural resources on private and public lands comply with all relevant regulations. We also advise clients on sustainable resource development. Our natural resource practice encompasses the following areas.

Clean Water Act Permitting

Our firm counsels private and public clients on the Clean Water Act. This counseling includes applications for Section 404 permits and negotiations with the EPA and U.S. Army Corps of Engineers, as well as administrative rulemakings in this area. We have represented ports and other clients seeking permits to perform dredging or make other waterside improvements.

Hydroelectric

Our clients include public utilities and Indian tribes appearing before Congress and federal agencies on hydropower development. We drafted and helped enact five separate pieces of federal legislation facilitating hydroelectric development and operation. In addition, we drafted a landmark federal law authorizing conversion of a federal dam to municipal ownership. Our services include analyzing federal natural resource laws and regulations about hydroelectric power development, and developing strategies for cost-effective construction and operation.

Land Exchanges

Our firm drafted and helped enact a series of federal land exchanges that met clients' land use objectives. We have extensive experience with the Federal Land Policy and Management Act, as well as with National Environmental Policy Act and other federal laws affecting land exchanges.

Port Development

Our lawyers have advised ports nationwide on laws and regulations affecting port operations and harbor development. This legal work includes helping dredging projects to deal with both delays and other problems that arise with federally assisted dredging. Drawing on our expertise with naval base cleanups and closures, we have aided ports in evaluating the benefits and costs of developing former naval bases.

Fisheries Regulation

We represent individual companies as well as regional and national trade associations before Regional Fishery Management Councils. We also represent these clients before the Department of Commerce in regulatory proceedings under the Magnuson-Stevens Fishery Conservation and Management Act. We update foreign governments and foreign trade associations on legislative and regulatory developments, including those affecting trade in fishery products. We counsel fishery clients on compliance with wildlife protection laws, such as the Endangered Species Act (ESA) and the Marine Mammal Protection Act. We have represented industry groups in complex, high profile ESA litigation involving fishery management measures. We defend enforcement actions brought under resource management statutes, and have litigated numerous federal court cases challenging fishery management regulations.