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.

Subscribe to all posts by Brooke Wahlberg

USFWS Tentatively Supports ESA Reform Bills

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA). H.R. 424 (Rep. Collin Peterson; D-MN) – This bill would require the Department of Interior to reissue the final rules relating to the listing of the … Continue Reading

Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine

On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination that listing the whitebark pine (Pinus albicaulis) as a threatened or endangered species is “warranted but precluded.”  Wildwest Inst. v. … Continue Reading

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann Channel near Corpus Christi, Texas. Friends of Lydia Ann Channel U.S. Army Corps of Engineers v. Lydia Ann Channel … Continue Reading

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
LexBlog