Leading Bird Conservation Group Formally Petitions Feds to Regulate Wind Industry

Leading Bird Conservation Group Formally Petitions Feds to Regulate Wind Industry 

Petition presents a viable alternative to inadequate, unenforceable voluntary guidelines drafted by the government 

MEDIA RELEASE

Contact: Robert Johns, 202-234-7181 ext.210, Email click here

Reddish Egret by Greg Lavaty

(Washington, D.C., December 14, 2011) American Bird Conservancy (ABC), the nation’s leading bird conservation organization, today formally petitioned the U.S. Department of the Interior to protect millions of birds from the negative impacts of wind energy by developing regulations that will safeguard wildlife and reward responsible wind energy development.

The nearly 100-page petition for rulemaking, prepared by ABC and the Washington, D.C.-based public interest law firm of Meyer, Glitzenstein & Crystal (MGC), urges the U.S. Fish and Wildlife Service (FWS) to  issue regulations establishing a mandatory permitting system for the operation of wind energy projects and mitigation of their impacts on migratory birds. The proposal would provide industry with legal certainty that wind developers in compliance with a permit would not be subject to criminal or civil penalties for violation of the Migratory Bird Treaty Act (MBTA).

The government estimates that a minimum of 440,000 birds are currently killed each year by collisions with wind turbines. In the absence of clear, legally enforceable regulations, the massive expansion of wind power in the United States will likely result in the deaths of more than one million birds each year by 2020. Further, wind energy projects are also expected to adversely impact almost 20,000 square miles of terrestrial habitat, and another 4,000 square miles of marine habitat.

The petition highlights the particular threat from unregulated wind power to species of conservation concern and demonstrates the legal authority that FWS possesses to enforce MBTA regulations and grant take permits under the Migratory Bird Treaty Act. The petition also provides specific regulatory language that would accomplish the petition’s objectives, identifying the factors that would be considered in evaluating a permit for approval, including the extent to which a given project will result in adverse impacts to birds of conservation concern and species that are under consideration for listing under the Endangered Species Act.

ABC is filing this petition because it’s clear that the voluntary guidelines the government has drafted will neither protect birds nor give the wind industry the regulatory certainty it has been asking for. We’ve had voluntary guidelines since 2003, and yet preventable bird deaths at wind farms keep occurring. This includes thousands of Golden Eagles that have died at Altamont Pass in California and multiple mass mortality events that have occurred recently in West Virginia,” said Kelly Fuller, Wind Campaign Coordinator for ABC.

“The status quo is legally as well as environmentally unsustainable.  The federal government is seeking to promote "a smart from the start” energy sector in a manner that is in violation of one of the premier federal wildlife protection statutes. ABC’s petition seeks to bring wind power into harmony with the law as well as with the needs of the migratory bird species that the law is designed to safeguard,” said Shruti Suresh, an attorney at MGC, the law firm that prepared the petition with ABC and that has brought many legal actions enforcing federal wildlife protection laws.

The petition is available online here.

http://www.abcbirds.org/newsandreports/releases/111214.html

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