ABA Section of Environment, Energy, and Resources: Economic impacts in ESA critical habitat designations
Federal environmental lawyer, Matthew J. Sanders, recently joined Jeffer Mangels Butler & Mitchell as Of Counsel in our San Francisco office. Sanders' federal and California environmental law experience includes successfully litigating myriad federal and state appeals, writs, and motions and providing strategic representation and counseling on major projects and enforcement actions. Through his experience in government, the non-profit sector, and private practice, Sanders has developed strong relationships throughout the environmental and energy legal community.
In his recent article entitled Economic impacts in ESA critical habitat designations, co-authored with Alicia E. Thesing and published by the American Bar Association's Section of Environment, Energy and Resources, Sanders and Thesing discuss the Ninth Circuit's recent decision in Building Industry Association of the Bay Area v. U.S. Department of Commerce and its implications for future critical habitat decisions and challenges.
The decision -- which affirmed the designation of more than 13,000 square miles (8.6 million acres) of critical habitat for the federally threatened green sturgeon -- holds that the National Marine Fisheries Service (NMFS) has discretion in how it considers the economic impacts of designating critical habitat. Sanders and Thesing write that the decision "will give federal agencies more leeway in making critical habitat decisions" and have potentially different implications for environmental and industry plaintiffs.