Wind Energy Operators Need Eagle Eyes For New Rules

Law360, New York (January 7, 2014, 5:48 PM EST) -- On Dec. 9, 2013, the U.S. Fish and Wildlife Service (“FWS”) published in the Federal Register a final rule to extend the maximum term for programmatic “take” permits under the Bald and Golden Eagle Protection Act (“Eagle Act”) to 30 years, subject to a recurring five-year review process throughout the permit life.[1] The new rule represents a significant change, since under the current rule FWS programmatic permits for incidental “take” of bald and golden eagles could extend only for five years.

The change is designed to...
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