Natural Resources Law

Endangered Species Act and NEPA Compliance

When a construction, earth-moving, or water diverting activity creates the need for a federal permit, the agency responsible for the permit must first document the probable environmental effects in accordance with the National Environmental Policy Act.   Increasingly, this process will also involve additional agencies charged with protection of threatened or endangered species of animals and plants. Coordination and active participation with these agencies can help ensure that information provided for public comment accurately portrays the likely effects, and that mitigation requirements are reasonable and appropriate.   Working with hydrologists, biologists and other experts, White & Jankowski advises clients with regard to the possible legal implications of proposed activities, and represents clients in negotiations with the federal agencies.

Wetlands and Section 404 "Dredge and Fill" Permitting

Under section 404 of the Clean Water Act, federal regulation of activities in and near water courses, as well as in wetlands located some distance from natural water courses, has expanded exponentially in the recent past and remains a growth industry.   White & Jankowski advises clients regarding the impact of section 404 on planned activities, compliance issues, and assists with permit applications and agency negotiations.

Mining, Oil and Gas, and Public Lands

White & Jankowski's lawyers have significant experience in litigating title, competing claims, environmental, and other mining disputes; natural gas contract cases, and related public land issues, including those arising under FLPMA and the Wilderness Act.