Q: Does the grandfather clause overrule protection of species afforded by the endangered species act?
The land was owned by the family before the ESA was passed but an endangered species resides on the land. The family now wants to develop the land but development would be detrimental to the species. The ESA would normally protect species on private land, but would this protection still be able to be extended to species that are on lands that fall under the grandfather clause? Does one law hold more weight than the other?
A: The answer would require significant legal research into federal and state law and regulations, and conversations with various government agencies, and permits for any development which might require impact studies. Use the Find a Lawyer tab to retain an attorney who practices environmental law.
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