Emerging Regulatory Experiments in Permit Process Coordination for Endangered Species and Aquatic Resources in California

11 Pages Posted: 27 Nov 2015 Last revised: 4 Feb 2016

See all articles by Alejandro E. Camacho

Alejandro E. Camacho

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR); Center for Progressive Reform

Elizabeth Taylor

University of California, Irvine School of Law; University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

Melissa Kelly

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

Stephanie Talavera

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

Date Written: November 19, 2015

Abstract

The interconnected relationship between California’s wetlands and endangered species has spurred recent efforts to coordinate endangered species permitting under federal and state endangered species laws with freshwater aquatic resource permits under the federal Clean Water Act and analogous state laws. The University of California, Irvine School of Law Center for Land, Environment, and Natural Resources surveyed these emerging permit coordination efforts among several proposed and existing California Habitat Conservation Plans/Natural Community Conservation Plans. This Article explores these nascent initiatives, including the coordinating tools they have tested, the anticipated benefits, and the already observed challenges. Preliminary evidence suggests that clearer guidance from federal agency headquarters, building on recent Presidential interagency initiatives in infrastructure permitting, would likely provide the best opportunity to promote beneficial permit coordination while minimizing potential drawbacks.

Suggested Citation

Camacho, Alejandro E. and Taylor, Elizabeth and Kelly, Melissa and Talavera, Stephanie, Emerging Regulatory Experiments in Permit Process Coordination for Endangered Species and Aquatic Resources in California (November 19, 2015). Environmental Law Reporter, Vol.46, February, 2016, pp.10131-10140; UC Irvine School of Law Research Paper No. 2015-90. Available at SSRN: https://ssrn.com/abstract=2693349

Alejandro E. Camacho (Contact Author)

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

Center for Progressive Reform ( email )

500 West Baltimore Street
Baltimore, MD 21201
United States

Elizabeth Taylor

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

Melissa Kelly

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR) ( email )

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

Stephanie Talavera

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR) ( email )

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

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