Rule Extends Permit Length for Accidental Wind Farm Eagle Kills

Posted December 12, 2013

The Department of the Interior recently released a final rule which extends the length of permits for wind farms to accidentally kill or injure bald and golden eagles.  The final rule is available here.

The rule extends the maximum term of permits from 5 years to 30 years, while also maintaining discretion to issue permits with shorter terms.  The permits must also include conditions for “specifying additional measures that may be necessary to ensure the preservation of eagles, should monitoring data indicate the need for the measures.” 

According to the rule summary, “This change will facilitate the responsible development of renewable energy and other projects designed to operate for decades, while continuing to protect eagles consistent with our statutory mandates.”

Politico reports that “environmentalists say the rule wrongly pits wildlife and green energy against each other” in an article available here.

National Audubon Society CEO David Yarnold said it is “outrageous that the government is sanctioning the killing of America’s symbol, the bald eagle.”  He also indicated that the group may file a lawsuit over the rule.

The Department of the Interior and the wind industry support the rule, saying that it promotes conservation while giving certainty to wind projects. 

Interior Secretary Sally Jewell said in a statement, “Renewable energy development is vitally important to our nation’s future, but it has to be done in the right way.”

A wind energy company recently agreed to pay $1 million in fines as part of a plea agreement with the U.S. Department of Justice’s Environmental and Natural Resources Division over the deaths of 160 birds, including 14 golden eagles.  For more information on this story, a post from this blog is available here.

For more information on renewable energy, please visit the National Agricultural Law Center’s website available here.