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Experts: ESA-MMPA permitting mismatch blocks projects; manatee cited as recurring example
Summary
Legal witnesses told the House subcommittee that overlapping ESA and MMPA permitting requirements can create inadvertent deadlocks for projects, citing Florida manatee permitting and the requirement that MMPA authorization precede ESA incidental-take authorizations for marine mammals.
At a House Natural Resources subcommittee hearing, practitioners warned that statutory and regulatory interactions between the Endangered Species Act and the Marine Mammal Protection Act can prevent ordinary projects from receiving necessary federal permits.
Parker Moore, an environmental attorney with Beveridge & Diamond, described a structural problem: when a species is protected under both statutes as a marine mammal and as an…
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