A Bird's-Eye View Of Wind Power

Law360, New York (July 29, 2011, 5:42 PM EDT) -- The United States Fish and Wildlife Service published its “Draft Eagle Plan Conservation Guidance” on Feb. 11, 2011,[1] for public review and comment. The Draft Eagle Plan outlines a process authorizing permits for a programmatic take of bald and golden eagles in connection with wind energy projects subject to an approved “Eagle Conservation Plan.”

The applicable regulations define a “take” as injuring an eagle, interfering with normal eagle breeding or feeding, or implementing an action that leads to nest abandonment. The plan describes detailed measures to...
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