News & Analysis as of

Wind Power Endangered Species

Robinson+Cole Environmental Law +

First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1

In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two...more

Nossaman LLP

Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

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On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

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New Jersey Federal Court Dismisses Challenge to Incidental Take Authorizations for Offshore Wind Projects

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On February 29, 2024, the federal District Court for the District of New Jersey dismissed a challenge to eleven incidental take authorizations (ITAs) issued for offshore wind projects off the coasts of New York and New Jersey...more

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

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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

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Massachusetts Court Rejects Marine Mammal Protection Act Challenge to Vineyard Wind Project

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On Friday, August 4, 2023, the United States District Court for the District of Massachusetts granted summary judgment in favor of the National Marine Fisheries Service (“NMFS”) in the case of Melone v. Coit et al,...more

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Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm

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Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction - On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a...more

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Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

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On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more

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

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

Sheppard Mullin Richter & Hampton LLP

U.S. Fish and Wildlife Service Proposes Listing Tricolored Bat as Endangered Under Endangered Species Act

The U.S. Fish and Wildlife Service (the “Service”) published a proposed rule listing the tricolored bat as an endangered species under the Endangered Species Act (“ESA”). The tricolored bat occurs in portions of 39 states,...more

Verrill

NextEra Subsidiary Fined $8 Million under MBTA for Eagle Deaths at Wind Power Projects in Western U.S.

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The U.S. Department of Justice announced that ESI Energy LLC (ESI), a wholly owned subsidiary of Nextera Energy Resources LLC, pleaded guilty to violating the Migratory Bird Treaty Act (MBTA) and acknowledged at least 150...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

Nossaman LLP

USFWS Updates Eagle Fatality Model for Wind Facilities

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On May 5, 2021, the U.S. Fish and Wildlife Service (“USFWS”) published its updated collision risk model (“CRM”) for bald and golden eagles at wind energy facilities.  The CRM is a complex Bayesian model the USFWS has endorsed...more

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USFWS proposes to codify Trump Administration position on MBTA

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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

White & Case LLP

Offshore wind projects: Assessing the environmental impact: United Kindgdom

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A global leader in offshore wind power capacity, the UK has seen rapid expansion in the sector. Government policy and strong investor interest have resulted in robust growth in the development of offshore wind farms in the...more

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Offshore wind projects: Assessing the environmental impact: Mexico

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With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more

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Offshore wind projects: Assessing the environmental impact: Japan

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Despite strong government support and growing capacity, a lengthy approval process may slow progress. In November 2018, the National Diet of Japan enacted the Act of Promoting Utilization of Sea Areas in Development of Power...more

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Offshore wind projects: Assessing the environmental impact: Germany

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A complex and sophisticated planning and approval process does not prevent opponents from raising environmental challenges—even after project approvals are awarded. The German federal government plans to further expand...more

Stoel Rives - Renewable + Law

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

Perkins Coie

Fish and Wildlife Service Approves New 30-Year Eagle Act Rule

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The U.S. Fish and Wildlife Service has formally approved the long-awaited, 30-year eagle take rule, which will allow renewable energy companies and other developers of large projects to obtain a 30-year permit (as opposed to...more

Nossaman LLP

Second-Ever Eagle Programmatic Take Permit Soon To Be Granted For California Wind Energy Facility

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On November 1, 2016 the U.S. Fish and Wildlife Service (Service) announced its plan to issue what will be only the second programmatic eagle take permit under the Bald and Golden Eagle Protection Act (BGEPA) permit program...more

Perkins Coie

D.C. Circuit Overturns FWS Approval of Wind Farm Due to Bat Concerns

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The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more

Nossaman LLP

Circuit Courts Tackle Question of Agency Liability under the MBTA for Permitting of Wind Energy Facilities

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On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a...more

Perkins Coie

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

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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

Holland & Knight LLP

Fish and Wildlife Service Issues Draft 30-Year Programmatic Eagle Take Permit - Longer Permit Terms Welcome, But Certain Proposed...

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The U.S. Fish and Wildlife Service (Service) on May 6, 2016, issued a draft rule that would extend to 30 years the maximum life of permits authorizing the incidental take of bald and golden eagles pursuant to the federal Bald...more

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