Incidental take...the ever changing legal perspective on bird kill as it affects wind turbines.
Very briefly, environmentalists, primarily bird conservation groups have expanded the 1918 migratory bird law which makes it illegal to "pursue, hunt, take, capture [or] kill" any of more than 1,000 covered bird species, but courts have disagreed over whether such actions need to be intentional.
They have argued that oil spills, fracking and numerous other harmful impacts on bird populations must be punished, regardless of the original intent to halt deliberate harm to migratory birds.
However, last week the Fifth circuit court overturned a conviction against an oil company..."A decision last week by a federal appeals court to overturn an oil company's convictions under a century-old bird law could hinder the Obama administration's ability to prosecute companies that kill migratory birds and calls into question a potentially sweeping rulemaking."
Birders are aghast that a federal court would overturn this potent weapon against energy giants; but "Moreover, the 5th Circuit's ruling could boost efforts among some Republicans in Congress to shield wind farms, oil companies and chemical manufacturers from MBTA's reach (E&E Daily, June 12)."
"The government's expansive interpretation of MBTA would make a host of other bird-killing businesses and individuals liable for violations, including the owners of telecommunications towers, power lines, wind farms, skyscrapers and even domestic cats, the court ruled."
It raises the issue of everything from birds crashing into skyscraper glass sides, to turbine blades spinning and may send the issue of intentional damage vs. incidental damage to the Supreme Court for resolution. It also puts wind farms into the same category as oil producers.
""Most courts have correctly concluded that the MBTA's prohibition on taking birds without an MBTA permit encompasses bird deaths resulting from inherently hazardous activities -- such as maintaining uncovered oil tanks and operating wind turbines in the habitat of migratory birds," he said."
Apparently FWS has been highly discretionary in who it prosecutes and avoided going after wind farms and requiring them to have a permit and providing offsetting habitat.
This decision will bring wind farm favoritism into the light and either eliminate all incidental kills or make the coverage uniform; meaning Maine will have to apply the rules to existing and proposed wind farms.
Views: 181
Comment
-
Comment by Jim Wiegand on October 5, 2015 at 4:48pm
-
Stay tuned..............
-
Comment by Frank J. Heller, MPA on October 5, 2015 at 2:44pm
-
so write a draft and find a sponsor....
-
-
The single biggest form of legislation that would help our birds would be a law making it a felony for all wind farm personnel to remove, hide, relocate, or pick up any carcasses during mortality studies. Was given a tip from a wind technician recently about such practices taking place.
-
-
So should we initiate legislation to protect Maine's migratory birds? or put this into play in siting decisions, esp. offsets, etc.
-
Comment by Long Islander on October 5, 2015 at 1:45pm
-
“A bribe is a charm to the one who gives it; wherever he turns, he succeeds”
-
-
Until the nineteen-seventies, Western countries paid little attention to corruption overseas, and bribery was seen as an unpleasant but necessary part of doing business there. In some European countries, businesses were even allowed to deduct bribes as an expense. - James Surowiecki
-
-
-
I posted this to one of the court decision articles.............. Interesting court decision since the industry has been "intentionally" hiding over 90 percent of their slaughter since 1985 with rigged research. Here are a few articles I have written that discuss wind industry's hidden slaughter:
This article discusses the 31,000 (2015 numbers) unaccounted for eagle carcasses that have been sent to the Denver Repository since 1997. In this 3 part article even former FWS agents speak out.......... "Voice of Dead eagles"
https://www.masterresource.org/cui.../voice-dead-eagles-iii/
https://www.masterresource.org/.../windpower-slaughter.../
https://www.masterresource.org/.../usfws-special-agents.../
Additional hidden eagle carcass information and dismal wind energy production numbers are available for congress in this 2 part article "Clean Energy Producers Act of 2015 (H.R. 493): Eagle Slaughter Amnesty for Industrial Wind".
https://www.masterresource.org/.../clean-energy.../
Here is an excellent article that describes some of the various methods being used to rig wind industry mortality data. "Exposing the wind industry genocide" - The ECOReport
http://theecoreport.com/exposing-the-wind-industry-genocide/
Another article that describes some of the various methods being used to rig wind industry mortality data.Big Wind & Avian Mortality (Part I & Part 2)
http://www.masterresource.org/2013/03/avian-mortality-wind-i
http://www.masterresource.org/.../wind-avian-mortality-ii/
Article that exposes a rapidly declining golden eagle population "EAGLE EXPERT WARNS OF POPULATION COLLAPSE"
http://www.eastcountymagazine.org/node/12544.......
An article that discusses some of the history behind the industry rigged research. "THE 28 YEAR WIND INDUSTRY COVER-UP" Parts 1&2
http://www.eastcountymagazine.org/node/9011
http://www.eastcountymagazine.org/node/9174
An article about a wimpy conservation group lawsuit that let this industry off the hook. "Bald and Golden Eagles Victorious: Court Invalidates 30-Year “Eagle Take” Rule" (feds vs. federal law) https://www.masterresource.org/.../bald-golden-eagles.../
Readers will will also be further enlightened about the industry's rigged research if they view the YouTube video "Cheeseburgers and the wind industry".
https://www.youtube.com/watch?v=PDOr2kjc-bM
-
Comment by Pineo Girl on October 5, 2015 at 12:31pm
-
Real birders are aghast - Maine Audubon took a different position than the National Audubon regarding Barack Obama's edict related to the giving the wind industry a bye on killing eagles. The American Bird Society has been far more truthful about wind and killing birds. I'll stick with ABS any day - DUMP Maine Audubon!
Maine as Third World Country:
CMP Transmission Rate Skyrockets 19.6% Due to Wind Power
Click here to read how the Maine ratepayer has been sold down the river by the Angus King cabal.
Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT
******** IF LINKS BELOW DON'T WORK, GOOGLE THEM*********
(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 https://www.pinetreewatchdog.org/wind-power-bandwagon-hits-bumps-in-the-road-3/From Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" https://www.pinetreewatchdog.org/wind-swept-task-force-set-the-rules/From Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.” https://www.pinetreewatchdog.org/flaws-in-bill-like-skating-with-dull-skates/
Not yet a member?
Sign up today and lend your voice and presence to the steadily rising tide that will soon sweep the scourge of useless and wretched turbines from our beloved Maine countryside. For many of us, our little pieces of paradise have been hard won. Did the carpetbaggers think they could simply steal them from us?
We have the facts on our side. We have the truth on our side. All we need now is YOU.
“First they ignore you, then they laugh at you, then they fight you, then you win.”
-- Mahatma Gandhi
"It's not whether you get knocked down: it's whether you get up."
Vince Lombardi
Task Force membership is free. Please sign up today!
Hannah Pingree on the Maine expedited wind law
Hannah Pingree - Director of Maine's Office of Innovation and the Future
"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."
https://pinetreewatch.org/wind-power-bandwagon-hits-bumps-in-the-road-3/
© 2024 Created by Webmaster.
Powered by
You need to be a member of Citizens' Task Force on Wind Power - Maine to add comments!
Join Citizens' Task Force on Wind Power - Maine