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The Application of Migratory Bird Protection Statutes to Wind Power Projects

An expert Bloomberg author analyzes the impact of wind energy opponents challenging federal approvals of wind energy projects on the basis that such approvals violate the Migratory Bird Treaty Act (MBTA).

 

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By Gordon Smith (June 9, 2014)

Wind energy opponents recently have begun to challenge federal approvals of wind energy projects on the basis that such approvals violate the Migratory Bird Treaty Act (MBTA) because the projects will almost inevitably harm migratory birds. The body of case law interpreting these challenges is small and rapidly developing. In addition, the U.S. Fish and Wildlife Service (USFWS) recently enforced the MBTA against a wind power project for the first time, creating a potential source of uncertainty for wind power developers.


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