Natural Resources

In addition to the standard environmental, water, mining, and public land laws, a multitude of other state, federal, and tribal laws and regulations concern the preservation and protection of the environment and various natural resources. These laws and regulations apply to projects and activities on public and tribal lands as well as projects that are federally licensed, permitted, or funded. They are also typically triggered by activities or operations on private property that affect or impact protected resources, such as plant or animal species, archeological resources, antiquities, and historical and cultural resources – a framework that has implications for businesses in virtually every industry.

Our lawyers’ knowledge of the federal, state, and tribal agencies charged with administering these laws permits us to create timely, cost-effective solutions for our clients. When necessary, we join forces with practitioners from our litigation group to pursue administrative or judicial solutions to our clients’ problems.

We advise and counsel clients on the numerous issues that arise under laws such as:

National Environmental Policy Act (NEPA)

NEPA and parallel state laws that mandate comprehensive evaluations of the environmental impacts of governmental actions have far-reaching effects, particularly in matters involving or requiring permitting or other forms of authorizations. Failure to comply with NEPA requirements and agency procedures can result in years of project delay and even failure. Our team ensures careful NEPA compliance for clients involved in projects requiring federal government approvals or authorizations. Conversely, when clients require, we challenge projects and operations that have failed to comply with NEPA review standards.

Endangered Species Act (ESA)

ESA, the Migratory Bird Treaty Act, and Arizona’s native plant protection laws and various state laws and regulations govern activities that may impact wildlife and vegetation. Our ESA experience includes:

• Consultation and negotiations regarding permitting and associated mitigation measures
• Critical habitat designations
• Species listings

National Historic Preservation Act (NHPA) 

NHPA, the Antiquities Act, and associated regulations govern governmental and private activities that may impact archaeological, historical, architectural, and cultural resources. We assist clients with:

• Consultations and negotiations with State Historic Preservation Officers
• Matters relating to tribal consultations involving historic property of religious or cultural significance to native people
• Section 106 reviews under the NHPA
• Siting issues