Endangered Species Act

The Endangered Species Act (ESA) of 1973 aims to conserve and protect endangered and threatened species and their habitats, but is also used by environmental groups and others to stall or prevent the completion of sensible capital projects, residential and property development, and federal licensing.

With a background in environmental regulation and enforcement within the federal government, Marzulla Law assists clients in successfully completing development projects while maintaining protection for wildlife. Our philosophy is straightforward: we help our clients to properly address ESA issues so that development and other projects can continue without undue costs, delays, or cancellation.

Our representation includes handling all aspects and procedures related to the ESA, including:

  • defending clients in in response to citizen suits and governmental enforcement actions
  • handling siting and permitting issues
  • working with policymakers, the Fish and Wildlife Service (FWS), and other regulatory bodies on species listing matters
  • advising landowners on possible ESA issues
  • analysis of wildlife habitats in relation to planned development
  • managing conservation banks for endangered species
  • developing conservation and habitat plans, and more



Representative Matters

  • Exotic Wildlife Association v. United States: In 2011, the Exotic Wildlife Association (EWA) filed a complaint with the United States District Court for the Northern District of Texas seeking for the Secretary of the Interior to act on a petition to remove three exotic antelope species from the endangered species list. The suit was filed on behalf of the EWA and its members, all of whom are Texas ranchers raising one or more the three antelope species. READ MORE …
  • San Diego Fairy Shrimp Case: In 2003, the U.S. Fish and Wildlife Service designated 143 acres of privately owned land in San Diego County, CA as “occupied” by the San Diego fairy shrimp, a crustacean listed as an endangered species under the Endangered Species Act. The property’s owners, Otay Mesa Property, LP, sued to challenge the designation of their property as a critical habitat. READ MORE …
  • Texas Comptroller v. United States: In 2010, the United States Fish and Wildlife Service proposed the Dunes Sagebrush Lizard for listing as endangered under the Endangered Species Act. This potential listing of the Dunes Sagebrush Lizard is critical to Texas’s economic interests because the lizard’s habitat lies in the middle of one of the nation’s most productive oil and gas formations. READ MORE …