Animal and Endangered Species Law

Birch Horton Bittner & Cherot’s animal, aquarium and zoo law group provides clients with administrative, litigation and lobbying services on a broad array of wildlife and animal law issues. Our attorneys develop strategies with clients to resolve wildlife law issues and determine whether those solutions are best pursued through agency action, legislative amendments or the court system. At the federal level, our attorneys have expertise in key statutes and programs, including the Animal Welfare Act (AWA), Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA).

Additionally, we counsel clients on a variety of similar laws at the state level. We have represented dozens of clients on related matters, including utilities, pipeline companies, hunting organizations, universities, aquariums, animal exhibitors, land developers and individuals. Our dedicated team works with clients to best meet their wildlife and animal law objectives through a variety of legal services.

We frequently work with clients to prepare and submit comments on rules promulgated by federal agencies proposing to list or delist endangered species or designations of critical habitats under the ESA. With clients, we navigate the process of federal enforcement actions concerning alleged violations of permit conditions. We have cultivated close relationships with the U.S. Fish and Wildlife Service and the U.S. Department of the Interior, as well as with the Animal and Plant Health Inspection Service within the U.S. Department of Agriculture, the National Marine Fisheries Service within the National Oceanic and Atmospheric Administration and the Environment and Natural Resources Division of the Department of Justice.

Birch Horton Bittner & Cherot attorneys also have extensive experience representing clients in a variety of federal and state court litigation and enforcement actions on issues involving the procedures and prohibitions of the ESA, AWA, MMPA and other similar state laws. Our firm has had great success defending against citizen suits alleging unlawful “take” in violation of the ESA or violations of the AWA. We also frequently represent clients in the capacity of defendant-interveners in cases brought by advocacy groups challenging federal government action.

Sometimes the most effective solution for addressing wildlife issues is through the legislative process. Our team has decades of experience on Capitol Hill and in leadership positions within the Department of the Interior and other federal agencies. The attorneys and legislative professionals at Birch Horton Bittner & Cherot use that experience to achieve clients’ goals involving wildlife law, including working closely with congressional committees and subcommittees, individual members of Congress, key staffers and administrative officials involved in environmental and wildlife issues.

The Animal Welfare Act (AWA) was signed into law in 1966. It is the only federal law in the United States that regulates the treatment of animals in research, exhibition and transport, as well as by dealers. Other laws, policies and guidelines may include additional species coverage or specifications for animal care and use, but all refer to the AWA as the minimum acceptable standard.

Birch Horton Bittner & Cherot has a number of lawyers that have experience with the proper interpretation of this law. Our clients include utilities, pipeline companies, hunting organizations, universities, aquariums, animal exhibitors, land developers and individuals. Our clients come to us because of our background and experience in handling these types of cases, and we stand ready to deal with any issues dealing with the AWA. We provide a full range of services related to the AWA, including permitting, administrative rule-making, handling enforcement actions and dealing with the applicable agencies.

When Congress passed the Endangered Species Act (ESA) in 1973, it recognized that our rich natural heritage is of “esthetic, ecological, educational, recreational, and scientific value to our Nation and its people.” It further expressed concern that many of our nation’s native plants and animals were in danger of becoming extinct. The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service and the Commerce Department’s National Marine Fisheries Service. Under the ESA, species may be listed as either endangered or threatened. “Endangered” means a species is in danger of extinction throughout all or a significant portion of its range. “Threatened” means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. For the purposes of the ESA, Congress defined species to include subspecies, varieties and, for vertebrates, distinct population segments.

Birch Horton Bittner & Cherot has a number of lawyers who have experience with the proper interpretation of this law. Our clients include utilities, pipeline companies, hunting organizations, universities, aquariums, animal exhibitors, land developers and individuals. Our clients come to us because of our backgrounds and experience in handling these types of cases, and we stand ready to deal with any issue dealing with the ESA. We provide a full range of services related to the ESA, including permitting, administrative rule-making, enforcement actions and dealing with the applicable agency.

Birch Horton Bittner & Cherot provides clients with administrative, litigation and lobbying services related to the rights of sportsmen to engage in the activities they enjoy, which are inextricably intertwined with the historical traditions of this country. We frequently work with clients to prepare and submit comments on rules promulgated by federal agencies proposing to regulate or restrict the use of certain lands. With clients, we navigate the process of federal enforcement actions. We have cultivated close relationships with the U.S. Fish and Wildlife Service and the Department of the Interior, as well as with the Animal and Plant Health Inspection Service within the U.S. Department of Agriculture, the National Marine Fisheries Services within the National Oceanic and Atmospheric Administration and the Environment and Natural Resources Division of the Department of Justice.

Birch Horton Bittner & Cherot attorneys also have extensive experience representing clients in a variety of federal and state court litigation and enforcement actions on issues involving the use of state and federal lands for hunting, fishing and recreation. Sometimes, the most effective solution for addressing these issues is through the legislative process. Our team has decades of experience on Capitol Hill and in leadership positions within the Department of the Interior and other federal agencies. The attorneys and legislative professionals at Birch Horton Bittner & Cherot use that experience to achieve clients’ goals, including working closely with congressional committees and subcommittees, individual members of Congress, key staffers and administrative officials involved in these critical land use issues.

Birch Horton Bittner & Cherot’s natural resources group provides administrative, lobbying and litigation services on an array of wildlife law issues. At the federal level, we have expertise in key statutes and programs, including the Endangered Species Act, Migratory Bird Treaty Act, Marine Mammal Protection Act and the Lacey Act.

We have cultivated close relationships with the U.S. Fish and Wildlife Service and the Department of the Interior as well as the Environment and Natural Resources Division of The U.S. Department of Justice. We develop and maintain contacts with congressional committees and subcommittees, individual members of Congress and key staffs involved in wildlife law.

We have represented dozens of clients on these matters, including utilities, pipeline companies, hunting organizations, land developers and individuals.