Guest Lecture – Collaborative Planning for Wildlife Conservation

On Monday, October 28, 2007 our Environmental Planning class had two guest lecturers, Lindell Marsh and Christian Marsh. This father, son duo practice law in the sector of Environmental Law, specifically wildlife conservation. Lindell Marsh provided a rich background of wildlife conservation in the United States and the progress that has been made. His son, Christian, explained some important cases that he and his father have worked on to make wildlife conservation a success around the country.

Two major developments in environmental regulation occurred at the national and statewide level: NEPA (National Environmental Protection Act) and CEQA (California Environmental Quality Act). Also at the national level were the Environmental Protection Agency – EPA and the Endangered Species Act – ESA. Lindell described how the creation of the EPA was instrumental in the progression of environmental protection. ESA acted as an advocate for those who wanted to come to a court of law and defend the “taking” of habitat necessary for the survival of endangered wildlife and ecosystems. As a result Habitat Conservation Plans began throughout the United States.

Section 10(a)(1)(B): Habitat Conservation Plans of the Endangered Species Act proved to be a key section in wildlife conservation. This piece of legislation uses the term of a “taking” to imply the value of natural habitat and wildlife that would be lost in the event of development. One project they talked about was the San Bruno Mountain Habitat Conservation Plan in the early 1980’s. Lindell described how he represented his clients for over three years and in collaboration with the county, surrounding cities, landowners, developers, government agencies, and conservation groups worked to save this site. Mr. Marsh’s moving comments describing how “reconciliation,” not compromise, made the San Bruno Mountain HCP a reality is an inspiration for future planners and environmentalists alike.

Thank you to Mr. Lindell Marsh and Mr. Christian Marsh for their time and dedication to the environment.