Gerald George

Gerald George

Davis Wright Tremaine LLP

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Latest Publications


Contingent Valuation Returns?

The latest battle in the timber wars provides vividly contrasting views of the impact of last summer’s Rim fire, which burned across over 250,000 acres in the Stanislaus National Forest, Yosemite National Park and on private...more

1/8/2014 - Environmental Policies FEMA Timber Valuation Wildfires

For the First Time, U.S. Extends MBTA Enforcement to Renewables

On November 22, 2013, the Department of Justice announced its first prosecution of a wind farm operation for violations of the Migratory Bird Treaty Act (MBTA), a criminal statute governing take of over 1000 species of birds....more

11/27/2013 - Deferred Prosecution Agreements Incidental Take Permits Migratory Bird Treaty Act Misdemeanors Renewable Energy Wind Power

Migratory Bird Treaty Act Concerns Extend to Solar Plants

The Migratory Bird Treaty Act (MBTA) has a famously broad scope, outlawing the taking of over 1000 species of birds, ranging from hummingbirds to robins and crows. It is also a criminal statute, although most violations are...more

9/24/2013 - Fish and Wildlife Service Migratory Bird Treaty Act Solar Energy

FWS Application of “Baseline” Rule Minimizes Economic Impact of Critical Habitat Designation

The Endangered Species Act (ESA) explicitly prohibits the consideration of economic impacts in making the decision to designate a species as “endangered.” However, consideration of such factors is allowed in the designation...more

9/20/2013 - Critical Habitat Economic Impact Analysis Endangered Species Act ESA Listings Fish and Wildlife Service

Fifth Circuit Evaluates Application of Civil Penalty Factors for Oil Spills under the Clean Water Act, Holds Economic Benefit is...

On an appeal of a penalty determination in the first oil spill case to be tried under the civil penalty provisions enacted after the Exxon Valdez catastrophe in the Oil Pollution Act of 1991, the Fifth Circuit Court of...more

7/24/2013 - CITGO Civil Monetary Penalty Clean Water Act Environmental Claims Environmental Liability Oil & Gas Oil Spills Socio-Economic Clauses

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