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Nossaman LLP

Brooke M. Wahlberg

Partner

T 512.813.7941
F 512.651.0670
816 Congress Ave., Suite 970
Austin, TX 78701

Brooke Wahlberg focuses her practice on various areas of environmental law, including the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA).

Ms. Wahlberg counsels some of the nation’s largest electric generation and transmission companies, wind energy companies, pipeline companies, real estate developers, governmental entities, species conservation bankers, investment companies, and mining companies on policy-level and project-specific issues arising under ESA, BGEPA, MBTA, CWA, and NEPA.  She is currently working on two multi-state, multi-species habitat conservation plans (HCPs) – the Great Plains Wind Energy HCP and the Midwest Wind Energy Multi-Species HCP – and regularly assists clients with the development of HCPs and low-effect HCPs across the United States.

Ms. Wahlberg advises several industries on BGEPA compliance issues and assists clients in obtaining incidental take permits under the BGEPA permitting program.  She has also negotiated and developed the first programmatic species conservation bank in the country.

Ms. Wahlberg regularly advises investors on federal wildlife issues for potential renewable acquisitions and serves as consulting counsel for natural resource litigation.  She has advised a wide range of clients on issues related to compliance with state and local environmental and land use regulations.  She has experience in CERCLA, RCRA, environmental due diligence in commercial and industrial real estate transactions, and land development projects.

Since 2017, she has served as vice chair of the Endangered Species Committee newsletter for the ABA Section of Environment, Energy and Resources. 

Representative Work

The following projects are representative examples of Ms. Wahlberg's experience successfully obtaining and defending environmental approvals for a large number of projects across various industries across the country.

  • Linear Infrastructure.
    • Member of a subconsultant team advising the lead civil engineer on ESA compliance issues associated with the construction of a causeway in the vicinity of state and federal wildlife areas.
    • Counsel to a public improvement district responsible for a San Antonio area roadway extension on various ESA permitting and compliance issues involving karst invertebrates.
    • Advises multiple municipal utilities on ESA compliance issues related to system-wide infrastructure, development of system-wide HCPs.
    • Assists transmission companies and public utilities with regards to ESA, BGEPA, and CWA compliance issues in several states.
    • Assists private pipelines companies on  billion dollar pipelines across multiple states on ESA, MBTA, CWA, and NEPA compliance issues.
  • Renewable Energy.
    • A member of the legal team advising the American Wind Energy Association on two multi-state, multi-species HCPs: the Great Plains Wind Energy HCP and the Midwest Wind Energy Multi-Species HCP.
    • Provides ongoing counsel to several wind energy companies in several states with ESA and compliance approaches, including project-specific incidental take permits (ITPs) under both ESA and BGEPA.
    • Regularly evaluates potential wind energy and solar energy project acquisitions with regards to federal wildlife issues on behalf of national utilities and private investors.
    • Assisted in amending an ITP/HCP for a wind energy facility in Hawaii.
    • Provides counsel to several wind energy facilities on issues related to ESA, BGEPA, MBTA, and CWA compliance and permitting approaches.
  • Conservation Banking. 
    • Developed the first multi-state, programmatic conservation bank in the country.  
    • Assisted in completed and ongoing species banking efforts throughout Texas and other states including for the American burying beetle, black-capped vireo, and golden-cheeked warbler.
    • Assisting in the development of a golden eagle conservation bank.
  • Real Estate Development.
    • Handled complex CWA and ESA permitting and ongoing compliance issues for a marina community on the Texas Gulf coast.
    • Advised developers of master-planned developments in central Texas on ESA compliance approaches.
  • Mining.
    • Assisting in the development of an HCP for a quarry in central Texas.
    • Provided counsel with regards to the Section 7 consultation process for a mine in Arizona.
  • Federal Wildlife Policy.  Member of the legal team leading a growing national coalition of utilities and renewable energy companies. The coalition focuses on federal wildlife laws and policies affecting construction and operation of member projects across the United States.  Counsel's role includes policy-level and project-specific issues impacting member companies. 
  • Texas Natural Resource and Environmental Laws.  Ms. Wahlberg advises clients in several industries on issues related to Texas natural resource and environmental laws, including mussel relocation, marl, sand, gravel, shell, and mudshell permitting, and voluntary clean-up program participation.
  • Species Experience.  Ms. Wahlberg has specific experience with almost all of the listed and rare species encountered in Texas, the Southwest, Midwest, and the Central Plains.  These include karst invertebrates, bat species, the golden cheeked warbler, the black capped vireo, salamander and other aquifer species, the ocelot, the whooping crane, piping plovers, lesser prairie chicken, eagles, jaguar, freshwater mussels, various reptiles, and various plants and cacti.  Additionally, Ms. Wahlberg has extensive experience with listed bats, listed avian species, and eagles throughout the United States.
Brooke M. Wahlberg
Brooke M. Wahlberg

Practices

Education

J.D., George Washington University Law School, 2006

B.A., Colorado College, 2002

Admissions

Texas

U.S. District Court, Western District of Texas

Professional Affiliations

American Bar Association, Section on Environment, Energy and Resources
Austin Bar Association
Texas Young Lawyers Association
 

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