Ryan Steen
Ryan Steen is an associate practicing in the Resources, Development and Environment practice group. Ryan focuses his practice on environmental, natural resources, wildlife and water law, and he assists clients with permitting and counseling matters as well as litigation. He has worked with public and private entities on a variety of issues involving the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Washington State Environmental Policy Act (SEPA), the Clean Water Act (CWA), water allocation and mitigation of impacts to fishery resources, and Forest Stewardship Council (FSC) forest product certification.
NMFS Proposes Critical Habitat Designation for Endangered Sea Turtles Along the West Coast
On January 5, 2010, the National Marine Fisheries Service ("NMFS") issued a proposed rule designating 70,600 square miles of critical habitat for endangered leatherback sea turtles (Dermochelys coriacea) along the West Coast, covering portions of Washington, Oregon, and California. Section 4 of the Endangered Species Act ("ESA") requires NMFS to designate critical habitat for threatened and endangered species on the basis of the best available scientific data, after taking into consideration economic, national security, and other impacts. The designation of critical habitat does not create a wildlife preserve, but Section 7 of the ESA requires that federal agencies ensure that federally authorized projects, such as wave or tidal energy projects, do not destroy or adversely modify critical habitat.
The leatherback sea turtle is a pelagic species with a range that spans the entire Pacific Ocean. Leatherbacks aggregate in productive coastal areas to forage on jellyfish and, for this reason, they seasonally occupy portions of the California current along the West Coast. The leatherback sea turtle was listed as "endangered" in 1970. In 1978, critical habitat was initially designated for the turtle in and around portions of the island of St. Croix in the U.S. Virgin Islands. In October, 2007, NMFS received a petition from environmental advocacy groups to designate additional critical habitat along the West Coast.
In the proposed rule, NMFS proposes to designate portions of the area petitioned by the environmental groups. The basis for the designation is evidence suggesting that leatherback sea turtles may occupy offshore areas to prey on jellyfish. Areas proposed for designation are areas thought to support jellyfish populations and areas thought to provide migration corridors for turtles to access prey. NMFS declined to designate certain areas along the West Coast on the basis that economic and national security considerations outweigh the benefits of the designation in those particular areas. The proposed rule, along with a map showing the areas proposed for designation, is available at the link above .
The proposed designation may have ramifications for offshore energy developers planning tidal, wave, or LNG projects. Under Section 7 of the ESA, FERC must ensure that any such projects occurring in areas designated as critical habitat do not destroy or adversely modify the habitat. Stoel Rives has a broad depth of experience covering all aspects of the ESA, including advising on critical habitat issues and issues involving leatherback sea turtles.
Federal Court Halts Wind Project to Protect Indiana Bat
United State District Court Judge Roger W. Titus recently issued an injunction halting the construction of the Beech Ridge wind project in Greenbrier County, West Virginia to protect the Indiana Bat, a species listed as "endangered" under the Endangered Species Act ("ESA"). The ruling is the first of its kind in the law developing around the intersection of wind project development and the ESA, and provides valuable guidance for future wind projects that may encounter protected species.
Specifically, for wind project developers, the decision highlights the importance performing diligent site assessments for protected species, working cooperatively with agency personnel, hiring qualified and thorough consultants, and obtaining counsel with specific experience in the intricacies of the ESA permitting framework.
Click here to read an analysis of the case details, Judge Titus' ruling and implications of this decision. 
Update: Animal Rights Group Seeks Injunction to Halt Wind Project on ESA Grounds
As a brief update to the "Animal Rights Group Seeks Injunction to Halt Wind Project on ESA Grounds" article we posted on September 4, 2009, the Court in Animal Welfare Institute et al. v. Beech Ridge Energy LLC held a 4-day bench trial, which ended on October 29, 2009. The Court currently has the case under advisement, but once the Court issues an opinion, we will post a new article describing the implications from the Court’s opinion. Stay tuned.
