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ENDANGERED SPECIES
Mr. Shuck has been involved in a handful legal disputes and administrative proceedings involving the Endangered Species Act. Much of his work has been representing the State of Wyoming’s interests, and other Western States’ interests, including the following:
1. Final Report on the Endangered Species Act and Indian Water Rights. On behalf of nine Western States, Mr. Shuck acted as the primary draftsman in a joint effort to oppose the Final Report of the Working Group on the Endangered Species Act and Indian Water Rights. The Working Group was created by Interior in 1997 and charged with recommending ways to implement the Endangered Species Act so as to benefit,or at least not act to the detriment of, Indian Tribes. To date, Interior has not implemented any of the recommendations outlined in the Working Group’s final report.
2. Expansion of FERC Jurisdiction for ESA Purposes. Mr. Shuck represented the State of Wyoming in its effort to oppose the Department of the Interior’s efforts to expand FERC jurisdiction over Bear Lake incident to re-licensing three downstream hydropower facilities. In cooperation with the States of Idaho and Utah, Wyoming opposed Interior’s August, 2000 Motion to Intervene in proceedings to establish FERC jurisdiction over Bear Lake. The Portland Regional Solicitor’s Office had sought to overturn a 1997 order holding that FERC lacks jurisdiction over Bear Lake. The Department conceded that it was attempting to intervene for the purpose of protecting the Bonneville Cutthroat Trout -- a species that the FWS has recently decided is neither threatened nor endangered. The three States’ efforts were successful in convincing FERC to reaffirm its order holding that it does not have jurisdiction over Bear Lake. Further, on appeal, the Ninth Circuit Court of Appeals affirmed the decision, agreeing with the 3 States’ position.
3. Bear River Compact Issues. On behalf of the State of Wyoming, Mr. Shuck has worked extensively with the States of Utah and Idaho, as well as PacifiCorp and ScottishPower, on issues of concern to the three signatories to the Bear River Compact, as well as the water users and recreational interests in the three States. Such efforts require diplomacy, knowledge of water law and Endangered Species law, an understanding of the various interests that must be balanced, and knowledge of how the river system works.
4. Forest Service Conditions on FERC Hydropower Project Licenses. Mr. Shuck has participated in and monitored efforts to oppose the Forest Service’s request to add by-pass flow conditions during FERC hydropower project re-licensing proceedings. In one such instance, the Forest Service recommended that water be denied to water users for the benefit of recovering trout species that had not been listed as a threatened or endangered species. The Forest Service ignored recommendations from State water administrators advising that, under the circumstances, the bypass flows would not be successful in recovering the trout species and would cause a severe water shortage for downstream irrigators. Instead, the Forest Service continued to exert its influence over the FERC re-licensing process. The Forest Service retracted its recommendation after it became obvious that the bypass plan was ill-conceived.
In addition to his past representation of the State of Wyoming in these matters, Mr. Shuck has represented private individuals, ranchers, property owners, and industry in addressing State lands issues, BLM leases, mining claims, Endangered Species Act issues, land-use concerns, and other natural resource and environmental matters.
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The following disclaimer is required by the Wyoming Rules of Professional Conduct:
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
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