Brooke Wahlberg

Brooke Wahlberg

Brooke Wahlberg focuses her practice on various areas of environmental law, including the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA). Ms. Wahlberg regularly counsels some of the nation’s largest electric generation utilities, transmission companies, wind energy companies, and pipeline companies on policy-level and project-specific issues arising under ESA, BGEPA, MBTA, CWA, and NEPA. She is currently working with the American Wind Energy Association on two multi-state, multi-species habitat conservation plans (HCPs): the Great Plains Wind Energy HCP and the Midwest Wind Energy Multi-Species HCP. She has also negotiated and developed the first programmatic species conservation bank in the country. Ms. Wahlberg has also assisted clients with the development of HCPs and low-effect HCPs in multiple states.

Ms. Wahlberg advises investors on federal wildlife issues for potential renewable acquisitions and serves as consulting counsel for natural resource litigation. She also assisted in the negotiation of recycling services with the City of Austin. She has advised a wide range of clients on issues related to compliance with state and local environmental and land use regulations. Additionally, Ms. Wahlberg has previous experience in CERCLA, RCRA, environmental due diligence in commercial and industrial real estate transactions, and land development projects.

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President Trump Announces Supreme Court Nominee

On January 31, 2017, President Trump announced Judge Neil M. Gorsuch as his nominee to fill the ninth seat of the United States Supreme Court, left vacant since Justice Antonin Scalia’s passing in February 2016.  Judge Gorsuch currently sits as a judge on the United States Court of Appeals for the Tenth Circuit.  President George … Continue Reading

Ninth Circuit Upholds Listing Decision Based on End of Century Climate Change Predictions

On October 24, 2016, the United States Court of Appeals for the Ninth Circuit upheld the National Marine Fisheries Service (Service) determination listing the Beringia Distinct Population Segment (DPS) of the Bearded Seal (Erignathus barbatus nauticus) as a threatened species under the Endangered Species Act (ESA).  Alaska Oil & Gas Ass’n v. Pritzker, No. 14-35806 … Continue Reading

National Marine Fisheries Service and U.S. Fish and Wildlife Service Propose Listing One Hawaiian Species and Four Marine Species

On September 19, 2016, the National Marine Fisheries Service (NMFS) published proposed rules to list two species of dolphin and two species of guitarfish under the Endangered Species Act (ESA).  NMFS proposes to list the Maui’s dolphin (Cephalorhynchus hectori maui) as endangered under the ESA and the South Island Hector’s dolphin (Cephalorhynchus hectori hectori), the common … Continue Reading

August 4th Endangered Species Act Rulemakings

On August 4, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule confirming its 2011 revision to the designation of critical habitat for the marbled murrelet (Brachyramphus marmoratus).  The Service listed the marbled murrelet as threatened under the Endangered Species Act in 1992.  In 1996, the Service designated 3,887,800 acres across Washington, Oregon, … Continue Reading

Supreme Court Declines to Give Chevron Deference to Agency Regulation that Departed from Prior Agency Practice

On June 20, 2016, the U.S. Supreme Court issued a 6-2 opinion in Encino Motorcars, LLC v. Navarro et al., holding that the U.S. Department of Labor (Labor Department) was not entitled to receive Chevron deference with respect to its 2011 regulation addressing overtime exemptions in the auto industry.  No. 15-415, slip op. (June 20, … Continue Reading

Long Awaited Eagle Rule Revamp Out for Public Comment

On May 6, 2016, the U.S. Fish and Wildlife Service (“Service”) published its proposed revisions to the Bald and Golden Eagle Protection Act (“BGEPA”) permit program.  The stated intention of these proposed revisions is to improve upon the 2009 regulations establishing a permit program under BGEPA.  In 2012, the Service issued an advance notice of … Continue Reading

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act Compliance When Granting Right-of-Way to Industrial-Scale Wind Farm

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for construction of the second phase of an industrial-scale wind energy facility. The Protect Our Communities … Continue Reading

The Wolverine Takes on Climate Change: Montana District Court Remands Withdrawal of Proposed Listing Rule

On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North American wolverine (Withdrawal).  The Withdrawal signaled a complete departure from the Service’s February 2013 proposed rule to list … Continue Reading

Listing Litigation: Courts Rule on Two Permian Basin Species

On February 29, 2016, the U.S. District Court for the Western District of Texas rejected the U.S. Fish and Wildlife Service’s (Service) request to reinstate federal Endangered Species Act (ESA) protections for the lesser prairie chicken (Tympanuchus pallidicinctus).  Permian Basin Petrol. Ass ‘n v. Dep ‘t of the Interior, No. 7:14-CV-50 (W.D. Tex. Feb. 29, … Continue Reading
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