Lessons from Area-Wide, Multi-Agency Habitat Conservation Plans in California

Copyright © 2016 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. Lessons From Areawide, Multiagency Habitat Conservation Plans in California by Alejandro E. Camacho, Elizabeth M. Taylor, and Melissa L. Kelly Alejandro E. Camacho is Professor of Law and Director of the Center for Land, Environment, and Natural Resources (CLEANR) at the University of California, Irvine School of Law. Elizabeth M. Taylor is a Staff Attorney at CLEANR. Melissa L. Kelly is a Fellow at Los Angeles Waterkeeper. Summary Through the Endangered Species Act’s Habitat Con- servation Plan (HCP) program and California’s Nat- ural Community Conservation Planning program, endangered species conservation in the United States has evolved considerably. In particular, areawide, multiagency HCPs, many of which developed in California, introduced the possibility of a more com- prehensive, adaptive, and collaborative approach to conservation. Synthesizing research, interviews, and dialogue sessions, this Article aims to instruct future areawide, multiagency HCP efforts about the potential trade offs of particular design alternatives, particularly in light of emerging challenges such as climate change. It concludes that regulators and applicants must clearly engage stakeholders about the underlying trade offs among plan scale, depth, duration, cost, certainty, and efficacy to better promote effective, multijurisdictional, large-scale, and adaptive conservation planning. 46 ELR 10222 I n thinking about the future of habitat conservation planning, it is important to appreciate and assess its legacy. In this Article, we discuss the experience with habitat conservation planning in the United States and explore its future. Our particular focus is on lessons from large-scale, multiagency Habitat Conservation Plans (HCPs) in California. The Article is the product of research and interviews 1 conducted by the University of California, Irvine Law Center for Land, Environment, and Natural Resources (CLEANR), as well as dialogue sessions 2 co- convened by CLEANR and the nonprofit Center for Col- laboration in Governance (CCG). 3 Through the Endangered Species Act’s (ESA’s) 4 HCP program and California’s Natural Community Conserva- tion Planning (NCCP) program, endangered species con- servation in the United States has evolved considerably, and Authors’ Note: This Article is adapted from a March 2015 report by CLEANR, available on its website at http://www.law.uci.edu/ academics/centers/cleanr/publications.html. In addition to multiple dialogue participants, CLEANR interviewed and received comments on this Article from the following: Tom Adams, retired attorney for the City of Brisbane and the Committee to Save San Bruno; Chris Beale, Resources Law Group; Kim Delfino, Defenders of Wildlife; David Hayes, Stanford Law School; Jake Li, Defenders of Wildlife; Shan- non Lucas, California Department of Fish and Wildlife (CDFW); Milan Mitrovich, Nature Reserve of Orange County; Elizabeth O’Donoghue, The Nature Conservancy; Tom Reid, TRA Environmental Sciences; Ron Rempel, former program administrator of the San Diego Management and Monitoring Program; Holly Sheradin, CDFW; Cassidee Shinn, CDFW; Dan Tarlock, Illinois Institute of Technology, Chicago-Kent College of Law. 2. Dialogue participants included: Trish Adams, U.S. Fish and Wildlife Ser- vice (FWS); David Aladjem, Downey Brand; Michael Allen, U.C. River- side; Lisa Belenky, Center for Biological Diversity; Therese Bradford, U.S. Army Corps of Engineers; Alejandro Camacho, U.C. Irvine; Greg Costello, Wildlands Network; Dan Cox, FWS; Joe Edmiston, Santa Monica Moun- tain Conservancy; Manley Fuller, Florida Wildlife Federation; Jennifer Garrison, CDFW; Alan Glen, Sedgwick LLP; Armand Gonzales, CDFW; Keith Greer, San Diego Association of Governments (SANDAG); Denny Grossman, Strategic Growth Council; Jordan Henk, Redlands Institute; John Hopkins, California HCP Coalition; Susan Hori, Manatt, Phelps & Phillips, LLP; Randy Jackson, The Planning Center; Brenda Johnson, CDFW; Melissa Kelly, U.C. Irvine; John Kopchik, East Contra Costa Habi- tat Conservancy; Charles Landry, Western Riverside Regional Conservation Authority; Jaimee Lederman, U.C.L.A.; Lindell Marsh, Center for Collabo- ration in Governance (CCG); Steven Mayo, San Joaquin Council of Gov- ernments; Jeff Opdycke, San Diego Zoo Global; Monica Parisi, CDFW; Kristen Pawling, Southern California Association of Governments; Christy Plumer, The Nature Conservancy; Michael Robinson-Dorn, U.C. Irvine; Ed Sauls, The Sauls Company; Melanie Schlotterbeck, Conservation Clar- ity; Ken Schreiber, Santa Clara Valley Habitat Plan; Gian-Claudia Sciara, U.C. Davis; Dan Silver, Endangered Habitats League; Sean Skaggs, Ebbin Moser + Skaggs, LLP; James Sulentich, Nature Reserve of Orange County; Elizabeth Taylor, U.C. Irvine; Melissa Thorme, Downey Brand; Greg Vail, Selva Partners; Martin Wachs, U.C.L.A.; Paul Weiland, Nossaman LLP; Douglas Wheeler, Hogan Lovells; Jill Yung, Paul Hastings. 3. The February 2014 dialogue and December 2014 dialogue each cul- minated in summary documents. CLEANR, The Future of Habitat Conservation Planning (2014) [hereinafter February Dialogue]; CCG & CLEANR, Outcomes of the Finance Structure of Habitat Con- servation Planning and Implementation (2014) [hereinafter Decem- ber Dialogue]. 4. 16 U.S.C. §§1531-1544, ELR Stat. ESA §§2-18. ENVIRONMENTAL LAW REPORTER