Farella Assists Patagonia With Challenge to Federal Agencies’ Weakening of ESA Protections
Farella Braun + Martel is advising Patagonia on its 60-day notice of intent to sue the United States Department of the Interior and United States Department of Commerce, and their constituent agencies tasked with administering the Endangered Species Act (ESA), the U.S. Fish and Wildlife Service and National Marine Fisheries Service, respectively, for violations of the federal law arising out of the Services’ August 12, 2019 amendments to the ESA implementing regulations in a manner that weakens critical protections for endangered and threatened species and inhibits the agencies’ ability to factor in the effects of climate change in decision-making relating to imperiled species.
Patagonia may file litigation challenging the agencies’ actions if the Services fail to withdraw and/or otherwise fail to cure the above-named violations within 60 days of receiving the notice letter.
Advising Patagonia are David J. Lazerwitz, Carly O. Alameda, Christopher C. Wheeler, and Nicholas C. Moore.