AVIAN IMPACTS AND THE LAW: What You Can Do to Minimize Liability Risks Under Federal Wildlife Statutes - (PPT)

摘要

Wind energy developments face increasing scrutiny from the public and from government agencies over the impact of wind turbines on bird species. While the biological significance of turbine impacts on bird populations is still a question of considerable research and debate, it is clear that project opponents, some environmental groups, and federal agencies are paying greater attention to issues of liability under the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (the Eagle Act), and the Endangered Species Act (ESA). By prohibiting the unpermitted take of many bird species while making it impossible to get a permit for incidental take in all circumstances, these statutes create a conundrum for the wind industry. Wind energy developers and operators, therefore, must be aware of and address the potential liability posed by the MBTA, the Eagle Act, and the ESA. Below is a brief primer on the relevant legal issues and measures that can be taken to help reduce liability under each act.