federal judge has upheld the government's practice of allowing development to proceed even if it is discovered after a project begins that the work could endanger protected species.
The National Association of Home Builders praised the ruling Friday, saying its members might have had to delay some projects if U.S. District Judge Emmet G. Sullivan had not agreed with the "no surprises" approach to development.
"The vast majority of endangered species exist on private property, and there is no way to protect endangered species unless sufficient incentives are given to private landowners," said Duane Desiderio, the trade group's vice president for legal affairs.
The case affects a pair of rules which allow landowners and developers to obtain a permit that lets them off the hook for incidentally killing, injuring or harassing rare animals, and damaging or killing rare plants. Development projects must be accompanied by a plan for addressing protections for the natural places where plants and animals live.
But the government reserves the right to revoke a permit if killing a plant or animal makes it more likely the species will go extinct in the wild.
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