News & Analysis as of

Endangered Species Act (ESA) Bald and Golden Eagle Protection Act Wind Power

Sheppard Mullin Richter & Hampton LLP

U.S. Fish & Wildlife Service Proposes New Regulations Creating General Eagle “Take” Permits for Certain Wind Energy and Power Line...

The U.S. Fish and Wildlife Service recently published a proposed rule revising regulations that authorize permit issuance for eagle incidental take and eagle nest take under the Bald and Golden Eagle Protection Act (the...more

(ACOEL) | American College of Environmental...

Renewable Energy? For some, the answer may not be blowing in the wind.

The Biden administration has committed to significantly expanding development of renewable energy. These projects, including solar and wind are welcomed by many. They have the potential to generate significant amounts of...more

Farella Braun + Martel LLP

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

Nossaman LLP

U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle...

Nossaman LLP on

On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more

Locke Lord LLP

U.S. Fish and Wildlife Service Finalizes Revamp of Eagle Permit Rule: What You Need to Know

Locke Lord LLP on

On December 16, 2016 the U.S. Fish and Wildlife Service (Service) published a final rule (Final Rule) revising its 2009 regulations establishing requirements for issuance of permits for “non-purposeful take” of bald and...more

Latham & Watkins LLP

US FWS Releases Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan

Latham & Watkins LLP on

On April 15, 2016, the US Fish and Wildlife Service (FWS) issued its Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan (Plan) and Draft Environmental Impact Statement (EIS) proposing a regional approach to...more

Perkins Coie

If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act Permit

Perkins Coie on

On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and...more

Perkins Coie

Federal District Court Strikes Down Eagle Act Rule

Perkins Coie on

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

Davis Wright Tremaine LLP

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

BakerHostetler

District Court Rejects Challenge to Wind Farm Permitting, Finds No Violation of ESA or Eagle Protection Act

BakerHostetler on

This month a federal court in Maine rejected a challenge to a permit issued by the U.S. Army Corps of Engineers (Army Corps) for the Oakfield wind power project. The court determined that the Army Corps did not violate the...more

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