Developing 1,000 Acre Property
A developer of residential subdivisions and golf courses is interested in purchasing and developing a 1,000 acre property in northern California presently used mostly for cattle grazing, with some active farming as well.

Endangered and Threatened Species
Developer has done environmental due diligence, and has determined that the property contains a creek, and is within a county in which several species listed under the federal Endangered Species Act are known to occur. These species include a frog (listed as endangered), a fox (listed as threatened) and a flowering plant (listed as endangered). The plant is only known to occur in a total of three locations.

1. How should the developer assess the species issues associated with this property? Are surveys required? How should they be performed? Must the results be reported to the U.S. Fish and Wildlife Service("USFWS")?

2. Surveys of the property determine that the flowering plant is present on the property. Does this mean that the proposed development project cannot proceed? What permitting approaches might be available to enable the project to proceed?

3. The USFWS tells the developer that the project is within the range of the fox, and it considers the entire property to constitute "habitat" for that species. What should the developer do in response?

4. A local citizens group opposed to additional development in the county sends a letter to both the county (the local land use permitting authority) and the developer asserting that several species listed under the ESA certainly exist on the property, and threatening to sue both the county and the developer under the ESA if development proceeds. Is the threat viable? Are there any steps which can be taken to nullify the threat?