News & Analysis as of

Wind Power Incidental Take Permits

Allen Matkins

New Regulations to Streamline Permitting for Take of Bald and Golden Eagles

Allen Matkins on

On April 12, 2024, the U.S. Fish and Wildlife Service’s (USFWS) new regulations for eagle take permitting under the Bald and Golden Eagle Protection Act will go into effect. The regulations, issued on February 12, 2024,...more

Husch Blackwell LLP

Taking Permitting to New Heights: New Eagle Take Permit Rule’s Impact on Project Developers and Operators

Husch Blackwell LLP on

Last month, in 89 FR 9920, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule revising the eagle take permit (“ETP”) process. USFWS believes the new rule will encourage more participation in the ETP program...more

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

Vinson & Elkins LLP

U.S. Fish and Wildlife Service Streamlines Bald and Golden Eagle Protection Act Permitting for Wind Energy and Power Line Projects

Vinson & Elkins LLP on

On February 12, 2024, the U.S. Fish and Wildlife Service (USFWS) released its final rule revising its permit regulations for “take” under the Bald and Golden Eagle Protection Act (BGEPA), an overhaul that has been several...more

Pierce Atwood LLP

USFWS Proposes General Permits for Wind and Powerline Projects That May Disturb Bald Eagles

Pierce Atwood LLP on

In today’s Federal Register, the U.S. Fish and Wildlife Service (USFWS or Service) proposed the creation of general permits for bald and golden eagle incidental takes that would be available to qualifying wind energy...more

Troutman Pepper

Fish and Wildlife Service Issues Long-Awaited Eagle Rule Proposal

Troutman Pepper on

On Friday, September 30, the U.S. Fish and Wildlife Service (FWS) published its much-anticipated proposal, updating the regulations governing permits for incidental take of bald and golden eagles, as well as take of their...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

Vinson & Elkins LLP

Biden Administration Looks To Recriminalize Accidental Bird Deaths In Traditional And Renewable Energy Sectors

Vinson & Elkins LLP on

The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...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

Perkins Coie

Ninth Circuit Upholds BIA Approval of Southern California Wind Energy Project

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit has upheld the approval of a utility-scale wind facility in California, rejecting claims that the Bureau of Indian Affairs violated the National Environmental Policy Act and the...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: United Kindgdom

White & Case LLP on

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

White & Case LLP on

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

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Australia

White & Case LLP on

Offshore wind projects face challenges that are not addressed by the regulatory system established for onshore projects. The Australian government's mandatory renewable energy target (MRET) supports investment in renewable...more

Husch Blackwell LLP

U.S. Fish And Wildlife Service To Propose New Low-risk Framework For Eagle Incidental Take Permitting Process

Husch Blackwell LLP on

In December, the U.S. Fish and Wildlife Service (USFWS) announced that the agency will be proposing a streamlined eagle incidental take permitting process for wind energy projects that are considered “low-risk” to eagles....more

Perkins Coie

Fish and Wildlife Service Approves New 30-Year Eagle Act Rule

Perkins Coie on

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

Farella Braun + Martel LLP

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

Nossaman LLP

U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle...

Nossaman LLP on

On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more

Locke Lord LLP

U.S. Fish and Wildlife Service Finalizes Revamp of Eagle Permit Rule: What You Need to Know

Locke Lord LLP on

On December 16, 2016 the U.S. Fish and Wildlife Service (Service) published a final rule (Final Rule) revising its 2009 regulations establishing requirements for issuance of permits for “non-purposeful take” of bald and...more

Nossaman LLP

Second-Ever Eagle Programmatic Take Permit Soon To Be Granted For California Wind Energy Facility

Nossaman LLP on

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

Perkins Coie on

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

Latham & Watkins LLP

US FWS Releases Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan

Latham & Watkins LLP on

On April 15, 2016, the US Fish and Wildlife Service (FWS) issued its Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan (Plan) and Draft Environmental Impact Statement (EIS) proposing a regional approach to...more

Perkins Coie

If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act Permit

Perkins Coie on

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...

Holland & Knight LLP on

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

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