The U.S. Fish & Wildlife Service Issues New Guidance Regarding Incidental Take Permits

At the end of April, the U.S. Fish & Wildlife Service issued new guidance regarding the evaluation and negotiation of Endangered Species Act Section 10(a)(1)(b) incidental take permits (ITPs). The guidance has significant implications for private project proponents considering whether to undertake the often time-consuming and costly process of seeking an ITP and preparing a habitat conservation plan (HCP) in support of that application. In a recent article for Law360, colleagues Wayne M. Whitlock and Eric Moorman examined the background and legal framework of the ESA and the implications of the FWS guidance memorandum for prospective permittees.