The Role of HCPs in Court (previous Cases/standing)
The number of approved HCPs has grown since the first HCP was created in 1983 for San Bruno Mountain in San Mateo County, California. Congress wanted the San Bruno Mountain HCP to serve as a model for future HCPs in that it was created from “an independent exhaustive biological study” and that it considered the habitat of the Mission Blue Butterfly (Aricia icarioides missionensis) “to allow for enhancement of the survival of the species”. This model has drawn concern because it focuses more on species survival, while the intent of HCPs is to aid species recovery; and has resulted in HCPs being frequently challenged in court. In Sierra Club v. Babbitt, 15 F. Supp. 2D 1274 (S.D.Ala.1998), the Plaintiff challenged the USFWS issuance of Incidental Take Permits to the developers of two beachfront condominium projects based on the HCPs submitted as part of the application process. The Plaintiffs argued that the HCPs created for the endangered Alabama Beach Mouse (Peromyscus polionotus ammobates) did not fulfill the requirements of ESA section 10(a)(2)(B) requiring the development of “a mitigation program that will minimize and mitigate the impacts of the proposed taking to the maximum extent practicable”. Additionally, the Plaintiff argued that there was insufficient biological data for the Alabama beach mouse species in the HCP, including population abundance, to determine allowable levels of take. The Court found for the Plaintiffs and remanded the decision to issue the Incidental Take Permits to USFWS.
Read more about this topic: Habitat Conservation Plan
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