ABC takes DOI to court over 30-year eagle-kill permits for US wind farms

Jun 20, 2014 - The American Bird Conservancy (ABC) said Thursday it has launched legal action against the Department of the Interior (DOI) for its move to extend to 30 years the term of permits allowing wind farms to accidentally injure or kill protected eagles.

The suit, filed in federal court, aims to have the 30-year rule invalidated pending full compliance with federal environmental statutes. ABC explained that the DOI has extended the term of the permits without presenting any National Environmental Policy Act (NEPA) analysis or Endangered Species Act (ESA) consultation regarding potential impacts.

The DOI made the move in December 2013. Before that, wind farms in the US were issued permits for accidental eagle kills with a term of only five years, so they had to renew them after expiry.

At the end of April, ABC warned the department that it plans to sue it for violations of the NEPA, ESA and the Bald and Golden Eagle Protection Act (BGEPA). Yesterday Michael Hutchins, national coordinator of ABC’s bird smart wind energy programme, said “Giving wind companies a 30-year pass to kill Bald and Golden Eagles without knowing how it might affect their populations is a reckless and irresponsible gamble that millions of Americans are unwilling to take.”

Washington, DC public interest law firm Meyer Glitzenstein & Crystal is representing ABC. The suit is charging the DOI with multiple violations of federal law.

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