Renewable energy vs. wildlife conservation - Solar, Wind and Land: Conflicts in Renewable Energy Development - page 95

66 Id.
67 Id.
68 Id. at 28.
69 See id. at 29.
70 See id.
71 Many of these sorts of mitigation measures for wind energy installations are
set forth in the U.S. Bureau of Land Management's “programmatic environ-
mental impact statement,” which applies to wind energy projects on public
lands governed by that federal agency. See Bureau of Land Management, Final
Programmatic Environmental Impact Statement on Wind Energy
Development on BLM-Administered Lands in the Western United
States, 5-65 and 5-66 (2005), available at http://windeis.anl.gov/documents/
fpeis/maintext/Vol1/Vol1Ch5.pdf (last visited June 11, 2013).
72 See Bertsch, supra note 20 at 84.
73 See Irfan, supra note 36.
74 This strategy has recently been highlighted as a way of reducing risks to California
condors. See, e.g ., Louis Sahagun, Feds Won't Prosecute Wind Farm if Turbine
Blades Kill a Condor , Los Angeles Times (May 24, 2013), available at www.
latimes.com/news/science/sciencenow/la-sci-sn-california-condor-wind-farm-
20130524,0,3874393.story (last visited June 12, 2013).
75 See Janss, supra note 54 at 113.
76 See K. Shawn Smallwood, Comparing Bird and Bat Fatality-rate Estimates
Among North American Wind-energy projects , 13 Wildlife Society
Bulletin 19 (March 2013).
77 See Henry Brean, Eagle Death at Nevada Wind Farm Brings Federal
Scrutiny , Las Vegas Review-Journal (March 25, 2013), available at www.
reviewjournal.com/business/energy/eagle-death-nevada-wind-farm-brings-
federal-scrutiny (last visited June 12, 2013).
78 See Emma G. Fitzsimmons, Wind Energy Company to Pay $1 Million in Bird
Deaths , New York Times A23 (Nov. 24, 2013), available at
79 See 16 U.S.C. § 1539(a)(1)(B).
80 Such permits, commonly referred to as “Section 10 Incidental Take Permits”
are not issuable on projects having any nexus to federal action. For a more
detailed description of this limitation on incidental take permits under U.S.
federal law, see generally Hadassah M. Reimer & Snodgrass, supra note 4 at
549-51.
81 16 U.S.C. § 1539(a)(2).
82 See Dina Capiello, Wind Farms Get Pass on Deaths of Eagles, Other Protected
Birds , Seattle Times (May 15, 2013), available at http://seattletimes.com/html/
localnews/2020993836_windfarmsbirdsxml.html (last visited June 12, 2013).
83 See Frosch, supra note 38.
84 See id.
85 See Paul M. Cryan , Wind Turbines as Landscape Impediments to the Migratory
Connectivity of Bats , 41 Envtl. L. 355, 364 (2011).
86 See Cryan, supra note 85 at 357 (noting that “there are approximately 5400
species of mammals on Earth, of which about 1100 are bats” and that “[b]ats
occur nearly everywhere but Antarctica and some remote islands”).
87 See Justin G. Boyles, et al., Economic Importance of Bats in Agriculture , 332
Science 41 (Apr. 1, 2011).
88 To view a full list of bat species protected under the EU Habitats Directive,
visit the Finnish Environmental Institute's website at www.ymparisto.i/default.
asp?node=12219&lan=en#a1 (last visited June 12, 2013).
89 See Cryan, supra note 85 at 367.