FIRM CLIENTS MINIMIZE CRITICAL
 HABITAT DESIGNATIONS WHILE ADVANCING
 SCIENTIFIC KNOWLEDGE

A number of firm clients were recently successful in reducing, or in many cases eliminating, areas initially proposed by USFWS as critical habitat for cave species in San Antonio and Hawaii. In San Antonio, the firm assisted SWCA Environmental Consultants and Pape-Dawson Engineers in preparing 12 packages of comments on proposed critical habitat for 9 species of cave invertebrates. The original proposed critical habitat was comprised of approximately 9,500 acres in 25 units. The recently issued final designation coverers approximately 1,000 acres in 22 units. Out of the 12 comment packages, USFWS essentially fully addressed 10 and partially addressed 2.

Similarly, in Hawaii, firm client Grove Farm, with its consultant SWCA, worked extensively with USFWS towards the reduction of 4,200 acres of critical habitat proposed for the Kauai cave wolf spider and a cave amphipod. The initial estimated economic impact of this designation was as much as $1.9 billion. In the course of analyzing in detail the area of proposed critical habitat, new habitat was discovered and other areas were proven to be very unlikely to provide habitat. The ultimate designation included approximately 270 acres.

In both of these efforts, firm clients and their legal and consulting teams used an integrated approach to developing solid scientific information most relevant to the regulatory context. The new information and analysis thus developed allowed USFWS to refine its proposals and reduce potential adverse economic impacts while still assuring the conservation values of critical habitat. For more information regarding these matters, contact Alan Glen at aglen@smith-robertson.com.

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