A Victory for the California eagles, set-back for the wind industry

In the surreal world of battling wind power, lawsuits are numerous, long, costly and too often favoring the industry.  Not in this case!

In July 2014, the Fish and Wildlife Service (FWS) issued their first eagle take permit to EDF Renewable Energy for the Shiloh IV wind project in Solano County, CA.

In response to comments requesting a longer term in order to provide lasting certainty for developers, on Dec. 9, 2013, the FWS had  extended the maximum term to 30 years to correspond with the operational life of most wind projects.

This extension pleased the wind industry as it provided more stability and certainty for the lenders, but it  it generated strong opposition from several environmental groups. On June 19, 2014 the American Bird Conservancy files suit : http://abcbirds.org/article/american-bird-conservancy-sues-feds-ove... in federal court charging the Department of the Interior and the FWS with violations of the NEPA and the BGEPA in connection with the issuance of the 30-year term extension.

On June 20, the FWS announced that it intends to conduct a NEPA review of the eagle permitting process as part of its ongoing effort to review and revise policies for managing impacts to eagles as wind power continues to expand. The NEPA assessment would review proposed revisions to the BGEPA permit regulations, including, among other things, the duration rule. This announcement kicked off a 90-day public comment period, which  ended  in September 2014. The NEPA process would take up to 18 months or longer, depending on the scope of the FWS’ review; therefore, revised regulations were unlikely to be issued before the end of 2015 at the earliest.

The court issued a ruling on the lawsuit : Debra Shearwater .et.al. v. FWS and AWEA .The FWS and AWEA were told  by the court ruling findings that FWS violated federal law by adopting a 30 year take permit. Thirty year takes have now been set aside .

As this is not a total victory ,it shows that while the current administration had given a carte blanche to FWS regarding eagle taking , the Court is putting a brake on this approach and demands serious scrutiny on the  the wind industry rights to kill eagles .  

See below text and rule in link from windaction.org website .

Monique

Document

Debra Shearwater et.al. v FWS and AWEA: Eagle 30-year take permit decision

In this very critical decision by the US District Court of Northern District of California (Judge Lucy H. Koh), the 30-year take permits for bald and golden eagles established by the US Fish and Wildlife Service have been set aside and remanded back to the Service. An excerpt of the ruling is provided below. The full ruling can be accessed by clicking the links on this page.

NEPA Conclusion (Excerpt from Ruling)

In light of the foregoing, the Court concludes that FWS has failed to show an adequate basis in the record for deciding not to prepare an EIS—much less an EA—prior to increasing the maximum duration for programmatic eagle take permits by sixfold. See Klamath Siskiyou Wildlands Ctr., 468 F.3d at 562 (“[N]ot only did [the agency] fail to conduct an EIS . . . , it did not even conduct an EA.”). While promoting renewable energy projects may well be a “worthy goal, it is no substitute for the [agency’s] obligations to comply with NEPA and to conduct a studied review and response to concerns about the environmental implications of major agency action.” Kraayenbrink, 632 F.3d at 492. Accordingly, the Court holds that FWS violated NEPA’s procedural requirements and that the Final 30-Year Rule must therefore be set aside and remanded to FWS for further consideration.

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Shearwater V Ashe Order Re Sj

Download file (522 KB) 8-11-2015

AUG112015

http://www.windaction.org/posts/43202-debra-shearwater-et-al-v-fws-...

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Comment by Penny Gray on August 12, 2015 at 9:04am

Thank you, ABC!!!

 

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/

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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/

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