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Could the US Be “Aiding and Abetting” Cape Wind MBTA Violations?

In the latest legal wrangling over the long-delayed Cape Wind Associates’ wind farm off Nantucket, during oral argument judges on the DC Circuit suggested that by permitting the wind farm, the US might be aiding and abetting...more

Windfarm Industry Suffers Setback as Court Rejects 30 Year Eagle Permit Rule

On August 11, 2015, a district court in Silicon Valley remanded a U.S. Fish and Wildlife Service (FWS) rule issued in 2013 that had extended the potential term of incidental take permits under the Bald and Golden Eagle...more

As Wind Farm Industry Matures, Environmental Opposition Grows

The wind farm industry has been the fastest growing element of the renewables in the US. Despite the political obstacles facing developers, on-shore operations are expanding, and offshore operations are expected to kick off...more

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

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