9th Circ. Backs BIA Green Light Of Wind Farm Construction

By Keith Goldberg (September 23, 2019, 7:37 PM EDT) -- The Ninth Circuit on Monday upheld the Bureau of Indian Affairs' approval of the second phase of a California wind farm, saying the agency properly considered the project's potential to harm eagles before greenlighting a lease between the project developer and a California tribe.

The appeals court, which had previously backed the BIA's approval of the now-completed first phase of Avangrid Renewables LLC's Tule Wind project, rejected a conservation group's argument that the agency improperly relied on an environmental impact statement for both phases that said harms to golden eagles were unavoidable. The BIA relied on that EIS to approve a lease...

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