Overview

Rebecca Hays Barho focuses her practice on natural resource law, with particular emphasis on the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), the Clean Water Act (CWA), the National Historic Preservation Act (NHPA), and various Texas environmental and land use laws.

Rebecca has worked on a wide range of matters throughout the Southwestern United States. She has been heavily involved in preparation and negotiation of numerous habitat conservation plans under the ESA, including several plans of programmatic scale, and represents a wide variety of clients, including local governments, utilities, real estate developers, and traditional and renewable energy companies.

She has worked with several Texas counties to develop and gain approval of county-wide habitat conservation plans. Rebecca has assisted public agencies, local governments, and private entities on issues related to the impending listing of species and potential implications on project delivery and implementation. She has worked with various governmental entities in navigating the ESA permitting process – under both Section 7 and Section 10 – for major, and sometimes controversial, infrastructure projects.

Additionally, Rebecca works to assist clients with respect to various state and local environmental approvals, including, for example, compliance with the Texas Parks and Wildlife Code, Texas Natural Resource Code, and Texas Administrative Code, as well as administrative proceedings and litigation involving federal and state environmental law.

Finally, Rebecca has assisted clients in navigating processes before the Texas Public Utilities Commission in connection with Section 39.158 of the Public Utility Regulatory Act, obtaining renewable energy credits, and other approvals relating to construction and operation of renewable energy projects in the State of Texas.

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