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Wind Power Endangered Species Incidental Take Permits

Nossaman LLP

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

Nossaman LLP

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

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

Nossaman LLP

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

White & Case LLP

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

White & Case LLP

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

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

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

Stoel Rives LLP

U.S. Fish and Wildlife Service Issues Final 4(d) Rule for Northern Long-Eared Bat Under Endangered Species Act

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In April 2015, the U.S. Fish and Wildlife Service (“Service”) published a final decision to list the northern long-eared bat as threatened and, rather than publishing a final 4(d) rule, opted to publish an interim 4(d) rule...more

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