Hiscock & Barclay partner, Michael Oropallo, will present at the Kentucky Mineral Law Conference on the topic "Is the Sky Falling? Never Mind "Chicken Little" – Pay Attention to the Lesser Prairie Chicken and the Endangered Species Act!".
The Endangered Species Act has become a frequently used tool by opponents of mining and development. Once a species is listed as endangered, vast areas can be immediately off-limits to production. For example, the Lesser Prairie Chicken was recently listed as "threatened" under the Endangered Species Act. This can result in potentially catastrophic ramiï¬cations for the energy and mining industry. This presentation will identify potential ramiï¬cations of ESA listings and possible citizen suits on mining and development; explain the ESA's "critical habitat" and "incidental take" provisions; include a discussion on pending litigation involving these laws and their potential impact on the energy and mining industries; and focus on practical and proactive ways to avoid traps for the unwary.
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