The Cost to Comply: Habitat Conservation Plans under the Endangered Species Act

Abstract

The Endangered Species Act (ESA) of 1973 authorizes U.S. federal government agencies to save endangered species “whatever the cost,” leaving little flexibility for economic development. Section 10 was introduced as a controversial attempt to strike a balance between these competing interests – non-federal stakeholders can develop Habitat Conservation Plans (HCPs) to minimize the impacts of their development and receive an Incidental Take Permit. The Electric Power Research Institute (EPRI) has been investigating the often-unreported costs associated with these HCPs to better understand the relationship between species conservation and renewable energy production. Our project explores new avenues for EPRI’s research by reviewing available data sources and interviewing EPRI’s expansive membership of energy industry professionals. We outline next steps including a survey to estimate pre-implementation costs and a streamlined methodology for future cost analysis.