A few years ago, an environmental lawyer named Jessica Owley set out to learn how well it works when the federal government allows development in the habitat of an endangered species. Under the terms of these deals, introduced in the 1980s to mollify opponents of the Endangered Species Act, the developers provide mitigation, typically with a conservation easement on some other parcel of private land.
Owley focused on four California examples, out of the almost 700 so-called Habitat Conservation Plans (or HCPs) that now exist nationwide. She had a long list of questions, from “Where are the protected parcels?” to “How do endangered species fare in the face of these deals?”
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