Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected. ODFW’s approach was to simply recommend against any development in core habitat, without consideration whether off-site mitigation could result
wildlife
Bald and Golden Eagle Protection Act Compliance: A “New Normal”?
By Sarah Stauffer Curtiss on
Posted in Regulation, Wind
As we discussed in this alert, the U.S. Fish and Wildlife Service (FWS) released its final Eagle Conservation Plan Guidance (ECP Guidance) on April 26, 2013. Intended to promote compliance with the Bald and Golden Eagle Protection Act (BGEPA) for wind development projects that have the potential to affect bald and golden eagles, the…
Oregon nears decision on sage-grouse rules that will impact energy siting
By Sara Bergan on
The Oregon Department of Fish and Wildlife (“ODFW”) posted the final draft rules and draft conservation strategy related to the greater sage-grouse. After years of negotiation and numerous public meetings on the ODFW’s approach, the final drafts are open for public comment. On April 22 they will be presented to the Fish and Wildlife…
Limit Liability Risk By Complying With Recommended Wind Energy Guidelines?
By Dina Dubson on
Posted in Wind
From our colleague Eric Martin:
After over two years of work, the federal Wind Turbine Guidelines Advisory Committee (“Committee”) recently released its final policy recommendations on how wind energy developers and operators can best assess and prevent adverse impacts to wildlife. Comprised of government, environmental, and wind industry stakeholders, the Committee recommends a five-tier…
Solar Development Guidelines Released by Arizona Game and Fish Department
By Julia Pettit on
Posted in Solar
On March 12, 2010, the Arizona Game and Fish Department ("AGFD") released finalized guidelines for solar development in Arizona ("Solar Guidelines"), the objective of which "is to assist energy developers in identifying potential impacts to wildlife and wildlife habitats from their proposed development and potential alternatives to avoid, minimize, and/or mitigate for these negative impacts." The AGFD encourages local governments and permitting authorities to integrate the recommended study proposals described in the Solar Guidelines. The document is organized around five basic project development steps:
- Wildlife Protection Regulations
- AGFD Regulations and Review
- Gather preliminary information and conduct site screening
- Identify potential impacts to wildlife
- Mitigation
The Solar Guidelines were compiled by the AGFD employees and have not undergone any external public review or input from the solar energy industry. It should be noted that some of the information contained in the Solar Guidelines was taken from the AGFD’s wind guidelines. In light of the fact that county officials often defer to the AGFD in matters of wildlife concerns, special attention should be given to the section of the Solar Guidelines focused on "Avoiding or Minimizing Impacts" and the recommendations contained therein.Continue Reading Solar Development Guidelines Released by Arizona Game and Fish Department
Wyoming Game & Fish Department Extends Comment Period for Wind Energy Recommendations
By Julia Pettit on
Posted in Wind
The Wyoming Game and Fish Department ("WGFD") has extended the public comment period on a draft document: "Wind Energy Issues: Impacts and Mitigation for Wildlife in Wyoming" from December 18, 2009 to February 1, 2010. The document provides recommendations for assessing impacts to wildlife from wind energy projects, for collecting data, and for mitigating effects on…