News & Analysis as of

Wind Farm US Fish and Wildlife Service

Nossaman LLP

U.S. Fish and Wildlife Service Establishes Expedited Eagle Permits

Nossaman LLP on

On February 12, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule creating new permitting pathways and revising existing regulations for the take of bald eagles (Haliaeetus leucocephalus) and golden...more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Service Publishes Final Rule Amending Eagle Permit Regulations

Today, the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a final rule amending its regulations authorizing permits for eagle incidental take and eagle nest take.  The final rule comes...more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more

Husch Blackwell LLP

U.S. Fish and Wildlife Service Makes Clear Its Commitment to Eagle Protection with a $35 Million Eagle Death Settlement and...

Husch Blackwell LLP on

The already-complicated relationship between wind energy and eagles has taken center stage recently. The U.S. Fish and Wildlife Service (USFWS) is ramping up its efforts to protect bald and golden eagles at development...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

Nossaman LLP on

Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Service Issues Final Revised Eagle Rule

Today the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a long-anticipated final rule revising its eagle permitting regulations (Revised Eagle Rule). Concurrent with the Revised Eagle...more

Davis Wright Tremaine LLP

Fish and Wildlife Service Supports Renewable Developers and Proposes Revised Eagle Incidental Take Permit Reviving 30-Year...

On May 4, 2016, the United States Fish and Wildlife Service (FWS) released a draft rule and Programmatic Environmental Impact Statement (PEIS) analyzing the impact of the proposed rule on eagles, and extending the duration of...more

Latham & Watkins LLP

6 Key Takeaways from the FWS’s Proposed Update to the Eagle Act Rules

Latham & Watkins LLP on

On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the...more

Foley Hoag LLP - Environmental Law

The Writing on the Wall Moves to the Federal Register: No 30-Year Take Permits

As we discussed last summer, the Judge Lucy Koh of the Northern District of California ruled that the Fish and Wildlife Service’s 30-year programmatic permit for incidental takes of bald and golden eagles from wind farms...more

Allen Matkins

Renewable Energy Update - November 2015 #2

Allen Matkins on

Renewable Energy Focus - Carbon war erupts between states over Obama power plan - Bloomberg: - Nov 4: In the era of global climate change, the phrase “war between the states” has taken on a new dimension. An 18-state...more

BakerHostetler

Migratory Bird Treaty Act: Question Of Unintentional “Take” Primed For Potential Fifth Circuit En Banc Or Supreme Court Review

BakerHostetler on

Recently, industry won a major legal victory regarding liability—or lack thereof—for unintentional and indirect bird deaths under the Migratory Bird Treaty Act (MBTA). Unfortunately, that victory could be short lived,...more

Foley Hoag LLP - Environmental Law

No Short Cuts Allowed: The FWS Must Comply with NEPA Before Extending Programmatic Take Permits to 30 Years

Earlier this month, the Judge Lucy Koh set aside the Fish & Wildlife Service’s decision to extend its programmatic permit for bald and golden eagle takes from five to 30 years. The extension was sought by the wind industry...more

Stoel Rives LLP

Court Invalidates 30-Year Permit Provisions of U.S. Fish and Wildlife Service’s Eagle Permit Rule on NEPA Grounds

Stoel Rives LLP on

As we discussed in a post from May 2014, the American Bird Conservancy (“ABC”) in 2014 filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (“USFWS”) 2013 revisions to its eagle permit rule, alleging violations of...more

Beveridge & Diamond PC

Ohio Wind Developer and FWS Successfully Defend Incidental Take Permit for Endangered Indiana Bat

Beveridge & Diamond PC on

A proposed Ohio wind farm cleared another legal hurdle last week when Judge Leon of the United States District Court for the District of Columbia upheld the U.S. Fish and Wildlife Service's (“FWS”) issuance of an incidental...more

Holland & Knight LLP

Court Upholds Endangered Species Act Incidental Take Permit for Windfarm

Holland & Knight LLP on

On March 17, 2015, Judge Leon of the United States District Court for the District of Columbia issued a memorandum opinion upholding the United States Fish and Wildlife Service's (USFWS) issuance of an incidental take permit...more

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